Connecticut’s Senate approved a marijuana legalization bill during a special legislative session on Tuesday in a 19–12 vote.
The measure now proceeds to the House, which is expected to take it up on Wednesday. Meanwhile, however, Gov. Ned Lamont (D), who has been broadly supportive of legalization, threatened to veto the proposal over social equity eligibility rules.
Senate lawmakers passed largely similar legislation just a week ago on an even slimmer, 19–12 vote—but hours before the regular session came to a close, House leaders announced they would delay action in that chamber until this week’s special session. They’ve repeatedly said they have the votes to usher in the policy change despite pushback from Republicans and remaining skepticism from some Democrats.
Sen. Gary Winfield (D), who spoke on behalf of the bill during Tuesday’s floor debate, stressed that the bill would not only create and regulate a new industry but also address past criminal drug policies that have disproportionately harmed people of color.
“The conversation about cannabis legalization also is a conversation about policing in certain communities, the way policing has happened,” Winfield said, pointing to “disproportionate contact between communities of color and police, and the outgrowth of that.”
Senate President Martin Looney (D) said cannabis policy needs to be looked at with a “historical view.”
“What has been done to our children in arresting them incarcerating them and branding them with criminal records for decades over possession of small amounts of marijuana and blighting their whole lives?” he asked. “That’s the harm that’s been done to our children by our current regimen of laws.”
At one point during the debate, Lamont’s office issued a statement threatening to veto the legislation over a provision that would let anyone with a past cannabis arrest or conviction receive priority status for a marijuana license regardless of their wealth. An amendment, however, was adopted in an attempt to address that concern by setting an income limit for those applicants.
It was not immediately clear whether the new provision setting an income limit would address the governor’s concerns, however. If House lawmakers approve additional changes, the measure would need to return to the Senate for a concurrence vote before heading to Lamont’s desk.
#BREAKING @GovNedLamont now threatening to veto the cannabis bill over changes made this afternoon. As we speak, Sen @Gary4CT is attempting to salvage the bill with language that appeases Lamont, @Porter4DaPeople, AND advocates https://t.co/62qAhXJtRQ pic.twitter.com/J7MLKMR9ko
— John Craven (@johncraven1) June 15, 2021
With Democrats confident that they had enough votes to pass the bill, most of the debate consisted of pushback from Republicans, who oppose the policy change on the grounds it would normalize cannabis use, particularly among young people, and cause public safety problems.
Sen. Dan Champagne (R) repeatedly referred to the bill as “a drug dealer’s dream.”
Others, however, said they felt the latest bill is at least an improvement over past versions.
“I think a lot of the provisions in the amendment move the bill in a positive direction from my perspective,” said Sen. John Kissel (R), “even though I don’t support the legalization of what’s called colloquially recreational use of marijuana.”
Perhaps the most significant change to the proposal, however, came in a 288-page amendment introduced shortly before Tuesday’s floor debate by Sen. Gary Winfield (D). Among other revisions, the amendment added language that would expand eligibility for the state’s social equity licensing program to include people with past cannabis arrests or convictions.
Other notable changes from the bill passed last week include a ban on participation in the marijuana industry for certain state employees and officials. The rule would prevent former cannabis regulators, members or employees of the new social equity council, lawmakers and other statewide elected officials from applying for marijuana business licenses for a period of two years after they leave state service.
The new bill also removes a provision that would have let regulators decide whether to continue allowing home cultivation of marijuana for personal use, which is otherwise permitted under the proposal.
Among other revisions, the latest legislation clarifies that product labels must include THC and CBD amounts by package and serving size, directs most fees and taxes to a new state cannabis regulatory and investment account, modifies public records rules, adjusts community service requirements for certain violations and requires that the state Department of Public Health issue annual reports on marijuana-related public health information beginning in 2023.
The bulk of the nearly 300-page bill, however, resembles the version passed last week by the Senate. It would legalize personal possession and use of cannabis by adults 21 and older and eventually launch a regulated commercial cannabis market.
The Department of Consumer Protection (DCP) would be in charge of licensing and regulating cannabis businesses, with legal sales expected to begin in mid-2022.
Half of all business licenses would need to be issued to social equity applicants, defined as people with who have lived in geographic areas disproportionately impacted by the war on drugs as well as those with past cannabis arrests or convictions. A second amendment from Winfield, approved prior to the full floor vote, expanded an income limit for social equity applicants to clarify that no individual who makes more than three times the state’s median income would be eligible for the status.
Equity applicants could also qualify for technical assistance, workforce training and funding to cover startup costs. Much of the revenue from the new commercial market would be reinvested back into communities hit hardest by the drug war.
For residents who don’t want to buy cannabis commercially, home cultivation would also be allowed under the bill—first for medical patients, then eventually for all adults 21 and older.
Here are some key details about the Senate-approved legislation:
- It would allow adults 21 and older to possess up to 1.5 ounces of cannabis starting on July 1, and it would establish a retail market. Legislative leaders anticipate sales to launch in May 2022, though the bill includes no official start date.
- Regulators with the Department of Consumer Protection (DCP) would be responsible for issuing licenses for growers, retailers, manufacturers and delivery services. Social equity applicants would be entitled to half of those licenses.
- A significant amount of tax revenue from cannabis sales would go toward community reinvestment.
- Home cultivation would be permitted—first to medical marijuana patients and then later to adult-use consumers.
- Criminal convictions for possession of less than four ounces of cannabis would be automatically expunged beginning in 2023. Expungement would apply to possession convictions from January 1, 2000 through September 15, 2015.
- Beginning July 1, 2022, individuals could petition to have other cannabis convictions erased, such as for possession of marijuana paraphernalia or the sale of small amounts of cannabis.
- The smell of cannabis alone would no longer be a legal basis for law enforcement to stop and search individuals, nor would suspected possession of up to five ounces of marijuana.
- Absent federal restrictions, employers would not be able to take adverse actions against workers merely for testing positive for cannabis metabolites.
- Rental tenants, students at institutions of higher learning, and professionals in licensed occupations would be protected from certain types of discrimination around legal cannabis use. People who test positive for cannabis metabolites, which suggest past use, could not be denied organ transplants or other medical care, educational opportunities or have action taken against them by the Department of Children and Families without another evidence-based reason for the action.
- Cannabis-related advertising could not target people under 21, and businesses that allow minors on their premises would be penalized. Licensees who sell to minors would be guilty of a Class A misdemeanor, punishable by up to a year in prison and a $2,000 fine. People in charge of households or private properties who allow minors to possess cannabis there would also face a Class A misdemeanor.
- Adults 18 to 20 years old who are caught with small amounts cannabis would be subject to a $50 civil fine, although subsequent violations could carry a $150 fine and/or mandatory community service. All possession offenses would require individuals to sign a statement acknowledging the health risks of cannabis to young people.
- Minors under 18 could not be arrested for cannabis possession. A first offense would carry a written warning and possible referral to youth services, while a third or subsequent offense, or possession of more than five ounces of marijuana, would send the individual to juvenile court.
- Local governments could prohibit cannabis businesses or ban cannabis delivery within their jurisdictions. Municipalities could also set reasonable limits on the number of licensed businesses, their locations, operating hours and signage.
- Until June 30, 2024, the number of licensed cannabis retailers could not exceed one per 25,000 residents. After that, state regulators will set a new maximum.
- Cannabis products would be capped at 30 percent THC by weight for cannabis flower and all other products except pre-filled vape cartridges at 60 percent THC, though those limits could be further adjusted by regulators. Medical marijuana products would be exempt from the potency caps. Retailers would also need to provide access to low-THC and high-CBD products.
- Products designed to appeal to children would be forbidden.
- The state’s general sales tax of 6.35 percent would apply to cannabis, and an additional excise tax based on THC content would be imposed. The bill also authorizes a 3 percent municipal tax, which must be used for community reinvestment.
- Existing medical marijuana dispensaries could become “hybrid retailers” to also serve adult-use consumers. Regulators would begin accepting applications for hybrid permits in September 2021, and applicants would need to submit a conversion plan and pay a $1 million fee. That fee could be cut in half if they create a so-called equity joint venture, which would need to be majority owned by a social equity applicant. Medical marijuana growers could also begin cultivating adult-use cannabis in the second half this year, though they would need to pay a fee of up to $3 million.
- Licensing fees for social equity applicants would be 50 percent of open licensing fees. Applicants would need to pay a small fee to enter a lottery, then a larger fee if they’re granted a license. Social equity licensees would also receive a 50 percent discount on license fees for the first three years of renewals.
- The state would be allowed to enter into cannabis-related agreements with tribal governments, such as the Mashantucket Pequot Tribe and the Mohegan Tribe of Indians.
The latest bill also includes changes adopted as an amendment in the Senate last week. Among other revisions, it deleted a section that would have allowed backers of marijuana producers to obtain cultivation licenses without being subject to a lottery and clarifies that a higher percentage of equity joint-venture owners be from disproportionately impacted areas. It also expanded equity provisions of the bill so that 100 percent of profits with joint ventures with existing businesses go to equity partners, rather than the 5 percent in the original bill, and exempted medical marijuana from potency limits that apply to adult-use products.
A fiscal note for the legislation projects that taxes and fees for marijuana would bring in an estimated $4.1 million in additional revenue for the state and municipalities in fiscal year 2022, which would grow over time to a projected annual haul of $73.4 million by fiscal year 2026.
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Lamont, who introduced his own legalization bill earlier this year, urged the legislature to adopt the policy change during a press briefing late last week.
“I have a strong point of view to do whatever it takes to get this over the finish line,” he said. “Around the country, we have red states and blue states that are passing this and doing it in a very careful, regulated way—and I think we’re ready to do the same.”
Some advocates initially criticized an early version of the new bill for failing to include a provision aimed at redressing individual harm caused by the criminal drug war, which disproportionately affected Black and brown people.
A provision that was in the governor’s original bill, SB 888, as well as separate legalization legislation by Rep. Robyn Porter (D), would have granted social equity status to cannabis business license applicants if they or a parent, spouse or child had been arrested or convicted of a past cannabis crime. That criterion was left out of the legislation the Senate passed last week and the new bill when it was introduced on Monday, but Winfield’s striking amendment added it in. Other qualifications for social equity status include residency in low-income or high-unemployment areas or those that have seen disproportionate policing under prohibition.
Jason Ortiz, executive director of Students for Sensible Drug Policy, posted to Facebook on Monday that the initial omission of the clause meant “that the people most impacted by over policing will be will be intentionally taken out of the cannabis equity program.”
“The laws that made my and my community into ‘criminals’ were put there for racist and political reasons,” he wrote. “People have profited from our suffering and our imprisonment. And now they won’t even admit that the people who were locked up deserve a shot at a license.”
“Imagine having multiple years to study one basic concept and on gameday not understanding the foundational concept of social equity,” added Ortiz, who served as a member of the governor’s legalization working group that issued recommendations on social equity late last year.
Ortiz included an image of what appears to be a friends-only Facebook post by Porter, whose own legalization proposal prioritized social equity and reinvestment into communities hit hardest by the drug war. That bill, which was favored by many advocates for its focus on equity, passed the House Labor and Public Employees Committee in March but did not proceed further.
“So, the cannabis bill running tomorrow in the Senate doesn’t have the following language, which is the most CRITICAL component of the ‘social equity applicant definition,'” the post says, referencing the provision about past cannabis records making applicants eligible for social equity status. “We’ve gone from being INTENTIONALLY TARGETED to INTENTIONALLY EXCLUDED. Now, where is the EQUITY in that?”
Those concerns were apparently heard by legislative leaders, however, and the conviction qualifying criteria was added in Winfield’s large-scale amendment that the Senate adopted.
“The notion that those people might not be included in the [social equity] definition—while I don’t believe that’s what the definition did—was problematic for many people that I’ve had conversation with,” Winfield said during floor debate.
Legalization advocates at Marijuana Policy Project cheered the amended bill’s passage.
“I’m grateful that today the Senate reaffirmed their commitment to ending the failed policies of cannabis prohibition,” DeVaughn Ward, senior legislative counsel for the group, told Marijuana Moment in an email. “Legislative leaders, the governor and advocates should be applauded for their efforts as this bill contains some of the strongest equity provisions in the country. I’m hopeful the House will follow the Senate’s lead tomorrow and end the devastating war on marijuana in Connecticut.”
The bill passed by senators on Tuesday is the result of a compromise between legislative Democrats and the governor’s office, and proponents have said it includes elements of both Porter’s HB 6377 and Lamont’s SB 888, which moved through two committees during the regular session.
If a legalization measure isn’t enacted this year, Lamont said last month that the issue could ultimately go before voters.
“Marijuana is sort of interesting to me. When it goes to a vote of the people through some sort of a referendum, it passes overwhelmingly. When it goes through a legislature and a lot of telephone calls are made, it’s slim or doesn’t pass,” the governor said. “We’re trying to do it through the legislature. Folks are elected to make a decision, and we’ll see where it goes. If it doesn’t, we’ll probably end up in a referendum.”
He last year that if the legislature isn’t able to pass a legalization bill, he will move to put a question on the state’s 2022 ballot that would leave the matter to voters.
According to recent polling, if legalization did go before voters, it would pass. Sixty-four percent of residents in the state favor legalizing cannabis for adult use, according to a survey from Sacred Heart University released last month.
The legislature has considered legalization proposals on several occasions in recent years, including a bill that Democrats introduced last year on the governor’s behalf. Those bills stalled, however.
Lamont reiterated his support for legalizing marijuana during his annual State of the State address in January, stating that he would be working with the legislature to advance the reform this session.
The governor has compared the need for regional coordination on marijuana policy to the coronavirus response, stating that officials have “got to think regionally when it comes to how we deal with the pandemic—and I think we have to think regionally when it comes to marijuana, as well.”
Meanwhile in neighboring Rhode Island, a legislative committee on Monday approved a marijuana legalization bill that’s being championed by Senate leadership in that state.
New York Regulators Move To Let Medical Cannabis Patients Grow Their Own And Give Marijuana Expungements Update
New York marijuana regulators are finally moving to allow medical cannabis patients in the state to grow plants for personal use, and they’ve provided an update on progress toward expunging prior marijuana conviction records.
At their second meeting on Thursday, New York’s Cannabis Control Board (CCB) voted unanimously to file the proposed regulations, which would allow qualified patients to cultivate up to six plants—indoors or outdoors—for their own therapeutic use.
There will be a 60-day public comment period after the rules are published. Then the board will review those comments, make any necessary revisions and officially file the regulations to take effect.
“We are proud to present those proposed regulations,” former Assemblywoman Tremaine Wright (D), who chairs CCB, said. “The home cultivation of medical cannabis will provide certified patients with a cost-effective means of obtaining cannabis through personal cultivation while creating a set of standards governing the conduct and activities relating to the personal cultivation of cannabis.”
A slide presented by the board states that the rules would impose “a duty on patients to take reasonable measures to ensure that cannabis plants, and any cannabis cultivated from such plants, is not readily accessible to anyone under the age of 21.”
Caregivers for patients under 21 “whose physical or cognitive impairments prevent them from cultivating cannabis” could also grow up to six plants on their behalf. For caregivers with more than one patient, they can “cultivate 1 additional cannabis plant for each subsequent patient.”
Landlords would have the option of prohibiting tenants from growing marijuana on their properties. Cannabis products could not be processed using any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees.
Rules for home cultivation for patients were supposed to be released earlier, but officials failed to meet the legislatively mandated deadline. Recreational consumers, meanwhile, won’t be able to grow their own marijuana until after adult-use sales begin, which isn’t expected for months.
Prior to signing legalization into law—and before resigning amid a sexual harassment scandal this year—then-Gov. Andrew Cuomo (D) put forth a reform plan that proposed maintaining a ban on home cultivation.
In 2019, Marijuana Moment obtained documents showing that a New York-based marijuana business association led by the executives of the state’s major licensed medical cannabis providers had previously sent a policy statement to Cuomo’s office arguing against allowing patients to grow their own medicine.
At the meeting on Thursday, the Office of Cannabis Management also provided an update on efforts to expunge cannabis records.
There have been 45 expungements for cases related to marijuana possession, though most remain “under custody or supervision for additional crimes,” another slide reads.
“Approximately 203,000 marijuana related charges are presently being suppressed from background searches and in process to be sealed or expunged,” it continues. “This will add to the approximately 198,000 sealing accomplished as part of the first round of marijuana expungements for the 2019 expungement legislation.”
At their first meeting earlier this month, CCB announced that medical marijuana dispensaries will now be allowed to sell flower cannabis products to qualified patients. The $50 registration fee for patients and caregivers is also being permanently waived.
Members of the board, who were recently appointed by the governor and legislative leaders, also discussed ethical considerations for regulators, approved key staff hires and talked about next steps for the panel.
Gov. Kathy Hochul (D), who replaced Cuomo, has repeatedly emphasized her interest in efficiently implementing the legalization law that was signed in March.
At a recent event, she touted the fact that she had quickly made regulatory appointments that had been delayed under her predecessor. “I believe there’s thousands and thousands of jobs” that could be created in the new industry, the governor said.
CCB is responsible for overseeing the independent Office of Cannabis Management within the New York State Liquor Authority, which is also responsible for regulating the state’s medical marijuana and hemp industries.
As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.
The state Department of Labor separately announced in new guidance that New York employers are no longer allowed to drug test most workers for marijuana.
The first licensed recreational marijuana retailers in New York may actually be located on Indian territory, with one tribe officially opening applications for prospective licensees earlier this month.
In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.
Because the implementation process has been drawn out, however, one GOP senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area—a proposal that advocates say is unnecessary and would create undue complications for the industry.
Under the law as enacted, municipalities must determine whether they will opt out of permitting marijuana retailers or social consumption sites by December 31, 2021. Sen. George Borrello (R) introduced legislation earlier this month that would push that deadline back one year.
Legalization activists aren’t buying the argument, however.
Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.
For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.
Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.
Photo courtesy of Max Pixel.
Activists Push D.C. Lawmakers To Decriminalize Drugs And Promote Harm Reduction With New Campaign
Activists in Washington, D.C. on Thursday launched a new campaign to urge local lawmakers to broadly decriminalize drugs, with a focus on expanding treatment resources and harm reduction services.
DecrimPovertyDC—a coalition of advocacy groups like the Drug Policy Alliance (DPA) and Students for Sensible Drug Policy—will be imploring the District Council to take up the cause, and members have already met with the offices of each legislator and have gotten a generally positive reception.
Today, @DrugPolicyOrg, @HIPS, @Defund_MPD & over 40 civil rights, justice reform, public health, & faith groups join forces to launch the #DecrimPovertyDC campaign. We are urging for @councilofdc to treat drug use like a public health issue. Learn more: https://t.co/KFXc7su9Pu pic.twitter.com/TwWACpAsUU
— #DecrimPovertyDC (@decrimpovertydc) October 21, 2021
“Through ongoing advocacy, we aim to replace carceral systems with harm reduction-oriented systems of care that promote the dignity, autonomy, and health of people who use drugs, sex workers, and other criminalized populations,” the campaign site says.
People of color are disproportionately impacted by drug criminalization, and the group said the impact “extends far beyond the criminal legal system, as people face an array of punishments in employment, housing, education, immigration, child welfare, and public benefits—all of which can trap people in poverty.”
An outline of the legislative proposal starts with drug decriminalization. People who possess small amounts of controlled substances would face no criminal or civil penalties. An independent commission would decide what the possession limit should be, and those who possess more than that amount would face a $50 fine, which could be waived if the person completes a health assessment.
Further, the mayor would be required to establish a harm reduction center where people could receive treatment resources and access sterile needles. The legislation allows for the creation of a safe consumption site within the center where people could use illicit drugs in a medically supervised environment.
That could prove challenging, however, as the U.S. Supreme Court recently rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment. An attempt to create such a facility in Philadelphia was blocked under the Trump administration and is now pending further action in a lower federal court.
The D.C. initiative, which is also being supported by AIDS United, Defund MPD, Honoring Individual Power and Strength (HIPS) and dozens of other groups, would also make it so the health department would need to provide a drug testing service so people could screen products for contaminants or other hazardous compounds.
In 2020, 511 people fatally overdosed in the District; over 94,000 people died from accidental overdose nationally. We are in a state of emergency directly caused by criminalization and other inhumane drug policies. #DecrimPovertyDC pic.twitter.com/9stWKb1nYG
— #DecrimPovertyDC (@decrimpovertydc) October 21, 2021
Another provision activists are pushing for would work to repair the harms of criminalization, in part by requiring the courts to “identify and vacate convictions for offenses decriminalized by this bill.” They would also need to find and vacate cases related to drug paraphernalia, which was decriminalized last year under separate legislation.
Queen Adesuyi, policy manager of national affairs at DPA, told Marijuana Moment that the campaign’s branding and scope is “intentionally broad to address poverty more generally, because in D.C. the drug war does disproportionately impact under-resourced communities in addition to black communities.”
“We wanted to build out our campaign to paint the full picture of the drug war’s harms locally in the District,” she said, adding that the coalition will be poised to “support other efforts that are also working to minimize state-based harm against vulnerable communities in D.C.”
At this point, the drug decriminalization measure has not been introduced in the D.C. Council, but activists are encouraged by early conversations with local lawmakers. The intent is to build on drug policy progress such as paraphernalia decriminalization, which was championed by key players like the chairman of the Council’s Judiciary Committee.
The push in the nation’s capital follows advocates’ success in advancing decriminalization in other parts of the country.
Oregon voters approved a historic initiative to decriminalize drug possession last year, and multiple jurisdictions across the U.S. are now exploring similar policy changes.
Last month, Massachusetts lawmakers heard testimony on separate proposals to decriminalize drug possession and establish a pilot program for safe injection facilities. A safe consumption site bill advanced through a legislative committee in the state in May.
The Maine Senate this summer defeated a bill that would have decriminalized possession of all currently illicit drugs.
Rhode Island’s governor signed a bill in July to create a pilot program legalizing safe consumption sites.
Congressionally, a first-of-its-kind bill to decriminalize drug possession at the federal level was introduced this session.
There’s a sense of urgency to get this reform in D.C. enacted, as the coronavirus pandemic has seemed to contribute to record-high drug overdose deaths in the country. Adesuyi said “the last year really has made it so we just can’t wait any more.”
Meanwhile, advocates have renewed hope that D.C. could soon move to legalize the sale of adult-use marijuana.
The District has been prevented from doing so despite legalizing cannabis in 2014 because it’s been bound by a congressional spending bill rider prohibiting the use of local tax dollars for that purpose. But with majorities in both chambers this session, Democratic appropriators have excluded that prohibitive language in the most recent spending measures—so D.C. would be empowered to finally enact a regulated market.
The mayor of D.C. said in April that local officials are prepared to move forward with implementing a legal system of recreational marijuana sales in the nation’s capital just as soon as they can get over the final “hurdle” of congressional interference.
Mayor Muriel Bowser (D) introduced a cannabis commerce bill in February—and members of the District Council are considering that, as well as a separate proposal put forward by Chairman Phil Mendelson (D).
A hearing on the latter bill is scheduled for next month the Committee of the Whole, the Committee on the Judiciary & Public Safety & the Committee on Business & Economic Development.
Fourth Massachusetts City Approves Psychedelics Reform As Movement Grows
A fourth Massachusetts city has enacted a psychedelics policy change, with members of the Easthampton City Council voting on Wednesday in favor of a resolution urging the decriminalization of certain entheogenic substances and other drugs.
The measure, introduced by Council Member At-Large Owen Zaret (D), passed in a 7-0 vote, with two abstentions, on Wednesday night.
“I’m grateful to the Council for being so forward thinking about a cutting edge topic,” Zaret told Marijuana Moment after the vote. “There were some hard concepts to undo for some of us. This is a step forward to helping people have access to effective therapies and also halting unnecessary arrests and incarceration.”
While the resolution is non-binding and doesn’t require police to deprioritize enforcement of laws prohibiting psychedelics—as has been the case in other cities across the U.S.—it represents an important first step and sends a clear message to local law enforcement that members are ready to depart from the status quo of criminalization.
It’s not just about psychedelics, either. The legislation says the Council “maintains that the use and possession of all controlled substances should be understood first and primarily as an issue of public health by city departments, agencies, boards, commissions, and all employees of the city.”
Lawmakers also recommended that “it should be policy of the City of Easthampton that the arrest of persons for using or possessing controlled substances for personal adult therapeutic, excepting Lophophora and animal-derived controlled substances, shall be amongst the lowest law enforcement priority for the City of Easthampton.”
Zaret told Marijuana Moment in a recent phone interview that substance misuse is a “public health issue, it’s not a criminal issue.”
“We need to start a really aggressive campaign to, A) highlight the fact that this is a public health issue and, B) be more be more aggressive about how we’re treating that,” he said. “There are multiple angles to do that,” and psychedelics represent one possible solution.
This action comes months after the neighboring Northampton City Council passed a resolution stipulating that no government or police funds should be used to enforce laws criminalizing people for using or possessing entheogenic plants and fungi. Elsewhere in Massachusetts, Somerville and Cambridge have also moved to effectively decriminalize psychedelics.
The local measures express support for two bills introduced in the state legislature this year. One would remove criminal penalties for possession of all currently illicit drugs and the other would establish a task force to study entheogenic substances with the eventual goal of legalizing and regulating the them.
“This is a victory for the health and safety of our communities,” the advocacy group Bay Staters for Natural Medicine, which has been working with local lawmakers in Massachusetts to pass the resolutions, said in an Instagram post after the most recent vote. “These medicines will revolutionize the field of mental health, and this is a step toward a community model that puts people over profit. This signals to our state lawmakers we will not tolerate an over-regulated purely clinical model that makes these medicines unaffordable for working class people.”
While Massachusetts is proving to be a focal point of psychedelics reform, it’s far from the only place where activists are gaining ground.
For example, Seattle’s City Council approved a resolution earlier this month to decriminalize noncommercial activity around a wide range of psychedelic substances, including the cultivation and sharing of psilocybin mushrooms, ayahuasca, ibogaine and non-peyote-derived mescaline.
In Michigan, the Grand Rapids City Council approved a resolution last month calling for decriminalization of a wide range of psychedelics.
Elsewhere in Michigan, the Ann Arbor City Council has already elected to make enforcement of laws prohibition psychedelics like psilocybin, ayahuasca and DMT among the city’s lowest priorities—and lawmakers recently followed up by declaring September Entheogenic Plants and Fungi Awareness Month.
After Ann Arbor legislators passed that decriminalization resolution last year, the Washtenaw County prosecutor announced that his office will not be pursuing charges over possessing entheogenic plants and fungi, “regardless of the amount at issue.”
A local proposal to decriminalize various psychedelics will also appear on Detroit’s November ballot.
At the same time that local activists are pursuing decriminalization, a pair of Michigan senators introduced a bill last month to legalize the possession, cultivation and delivery of an array of plant- and fungi-derived psychedelics like psilocybin and mescaline.
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A bill to legalize psychedelics in California advanced through the Senate and two Assembly committees this year before being pulled by the sponsor to buy more time to generate support among lawmakers. The plan is to take up the reform during next year’s second half of the legislative session, and the senator behind the measure says he’s confident it will pass.
California activists were separately cleared to begin collecting signatures for a historic initiative to legalize psilocybin mushrooms in the state. Oakland and Santa Cruz have already enacted psychedelics decriminalization.
The top Democrat in the Florida Senate filed a bill last month that would require the state to research the medical benefits of psychedelics such as psilocybin and MDMA.
Earlier this year, Texas enacted a law directing state officials to study psychedelics’ medical value.
The governor of Connecticut signed a bill in June that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms.
Oregon voters passed a pair of initiatives last November to legalize psilocybin therapy and decriminalize possession of all drugs. On the local level, activists in Portland are mounting a push to have local lawmakers pass a resolution decriminalizing the cultivation, gifting and ceremonial use of a wide range of psychedelics.
Washington, D.C. voters also approved a ballot measure last year to deprioritize enforcement of laws criminalizing psychedelics.
A New York lawmaker introduced a bill in June that would require the state to establish an institute to similarly research the medical value of psychedelics.
In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution in December that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics. Activists in the city are also hoping to expand upon the local decriminalization ordinance by creating a community-based model through which people could legally purchase entheogenic substances from local producers.
Meanwhile, Denver activists who successfully led the 2019 campaign to make the city the first in the U.S. to decriminalize psilocybin possession have set their eyes on broader reform, with plans in the works to end the criminalization of noncommercial gifting and communal use of the psychedelic.
In a setback for advocates, the U.S. House of Representatives recently voted against a proposal from Rep. Alexandria Ocasio-Cortez (D-NY) that would have removed a spending bill rider that advocates say has restricted federal funds for research into Schedule I drugs, including psychedelics such as psilocybin, MDMA and ibogaine. However, it picked up considerably more votes this round than when the congresswoman first introduced it in 2019.
Report provisions of separate, House-passed spending legislation also touch on the need to expand cannabis and psychedelics research. The panel urged NIDA to support expanded marijuana studies, for example. It further says that federal health agencies should pursue research into the therapeutic potential of psychedelics for military veterans suffering from a host of mental health conditions.
There was an attempt by a Republican congressman to attach language into a defense spending bill that would promote research into psychedelics therapy for active duty military members, but it was not made in order in the House Rules Committee last month.
NIDA also recently announced it’s funding a study into whether psilocybin can help people quit smoking cigarettes.
An official with the U.S. Department of Veterans Affairs also said at a recent congressional hearing that the agency is “very closely” following research into the potential therapeutic benefits of psychedelics like MDMA for military veterans.
For what it’s worth, Rep. Earl Blumenauer (D-OR), a longstanding champion of marijuana reform in Congress, said this month that he intends to help bring the psychedelics reform movement to Capitol Hill “this year.”
In May, lawmakers in Congress filed the first-ever legislation to federally decriminalize possession of illicit substances.
Photo courtesy of Dick Culbert.