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Denver City Council Considers Expanding Psilocybin Decriminalization

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Denver was the first city in the U.S. to decriminalize psilocybin mushrooms—and two and half years after the reform was approved by voters, a panel established under the initiative working to build upon that success.

The City Council’s Finance and Governance Committee delved into the issue at a hearing on Tuesday, with members of the Denver Psilocybin Mushroom Policy Review Panel making a presentation on recommendations it’s been developing. That includes expanding decriminalization to cover gifting and communal use of the psychedelic.

Kevin Matthews, who spearheaded the 2019 decriminalization effort and now serves as the founder of Vote Nature in addition to being president of the city mushroom panel, discussed a report that the body issued that shows, among other things, that the policy change resulted in a nearly 50 percent reduction in psilocybin arrests to date.

Hospitals have not reported a spike in cases related to the entheogen, and “observational data” indicates that most people are using psilocybin for “health and mental wellness reasons.”

Beyond recommending that psilocybin gifting and communal use be decriminalized, the panel further stressed the importance of providing training to city and county first responders on how to deal with a person undergoing a psychedelic crisis.

“Yesterday was an awesome next step” for the panel, Matthews told Marijuana Moment in a phone interview on Wednesday. “I feel that our report was well-received. We got some great feedback from some of the members of City Council. And we have a bunch more work to do.”

Other members of the panel include Councilman Chris Hinds (D), Denver District Attorney Beth McCann and Denver Police Department Investigations Division Chief Joe Montoya.

The group further recommended creating “co-branded education public service announcements” and a “data collection and reporting system for any law enforcement and emergency interactions involving psilocybin.”

A theme of Tuesday’s presentation to local lawmakers was simple: the sky did not fall after Denver voters decided to make the psychedelic among the city’s lowest law enforcement priorities. In fact, it’s ignited a national psychedelic reform movement and has enabled activists to identify opportunities to expand on the novel policy.

While several of the panel’s recommendations can be enacted within the body itself, proposals like decriminalizing gifting and communal use would require legislation from the City Council. And Hinds signaled that he could help lead the charge to that end.

“I’m really excited about how Denver was the leader in our nation” on psychedelics reform, the councilman said at Tuesday’s meeting. “I am very interested in continuing to move forward if it makes sense—and based on all the report recommendations, it does seem to make sense to me.”

Members of the panel also held a press conference shortly after the committee meeting adjourned. Among other issues, Matthews was asked about the status of a potential contract between the Multidisciplinary Association for Psychedelic Studies (MAPS) and the city to launch a first-of-its-kind training initiative for first responders.

MAPS has submitted a statement of work to the city attorney’s office and it’s still under consideration, but the hope is that the organization—which is a national leader in psychedelics research—will be able to provide training to police, paramedics and other first responders to effectively navigate situations involving psilocybin.

“The different departments that are going to be working with MAPS on this training are excited,” Matthews told Marijuana Moment. “We’re hoping to get our pilot launched by the end of Q4 of this year.”

Since Denver’s first move to end criminalization for so-called magic mushrooms, there’s been a surge in interest in psychedelics reform at the local, state and federal level.

Just last week, Detroit voters approved a ballot initiative to widely decriminalize psychedelics.

Also 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 local 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.”

In September, the Grand Rapids City Council approved a resolution supporting the decriminalization of a wide range of psychedelics.

At the same time that local activists are pushing to end criminalization of psychedelics, a pair of state senators have introduced a bill to legalize the possession, cultivation and delivery of an array of plant- and fungi-derived psychedelics like psilocybin and mescaline.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

And last month, lawmakers in a fourth Massachusetts city, Easthampton, voted in favor of a resolution urging the decriminalization of certain entheogenic substances and other drugs.

The 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 also express support for two bills introduced in the Massachusetts 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.

Separately, Seattle’s City Council approved a resolution last 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.

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. OaklandSanta Cruz and Arcata have already enacted psychedelics decriminalization.

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.

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.

The top Democrat in the Florida Senate filed a bill in September that would require the state to research the medical benefits of psychedelics such as psilocybin and MDMA.

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.

The Maine House of Representatives passed a drug decriminalization bill this year, but it later died in the Senate.

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 the National Institute on Drug Abuse (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 in September.

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 last 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.

Read the Denver psilocybin panel’s report and recommendations below: 

Click to access 2021-comprehensive-report-4.pdf

Ohio Republican Lawmakers More Likely To Back Marijuana Legalization Than Democrats, Legislative Survey Shows

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Indiana GOP Lawmaker Plans Medical Marijuana Bill As Democrats Push Full Recreational Legalization

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“It polls higher than any other issue. We’ve seen 38 other states step up and do the right thing for their citizens. We know it saves lives. We know it offers a better quality of life.”

By Margaret Menge, The Center Square

Democrats in Indiana have launched a campaign to legalize marijuana in the state and appealed to business-friendly Republicans to join to help the state’s economy.

There is some support from Republicans.

“I have a medical cannabis bill ready to go,” Rep. Jim Lucas, R-Seymour, said.

He said the bill will be similar to the one he introduced in the last session of the Indiana General Assembly, which would permit the use of medical marijuana by people with “serious medical conditions” as determined by a doctor, and would permit the “cultivation, testing, processing, transportation and dispensing” of medical marijuana by people who hold a valid permit issued by the state.

It also would put the Indiana Department of Health in charge of implementing and enforcing the medical marijuana program.

Indiana is one of just a handful of states that has not legalized medical marijuana.

“It polls higher than any other issue,” Lucas said. “We’ve seen 38 other states step up and do the right thing for their citizens. We know it saves lives. We know it offers a better quality of life.”

In 2016, the national American Legion, which is based in Indianapolis, called on Congress to remove marijuana from Schedule I of the federal Controlled Substances Act and reclassify it to “recognize cannabis as a drug with potential medical value.”

The Legion has also pushed for more research to be done on marijuana related to its potential in treating post-traumatic stress disorder and traumatic brain injury among veterans of the wars in Iraq and Afghanistan, in particular.

The Indiana American Legion, however, has not taken a position on the issue, and did not discuss the bill Lucas introduced in the last session, spokesperson Josh Marshall said.

He said the issue would have to be reviewed by the organization’s executive committee before any action were taken on the issue in the upcoming session of the legislature, which begins January 3.

Meanwhile, Indiana Democrats are pushing to get the issue on the table.

Rep. Sue Errington, D-Muncie, is set to lead a “community talking circle” at a pizza place in Muncie today to hear from the public about legalizing medical marijuana.

“The reality is that medical cannabis is becoming an accepted and preferred method of treatment throughout the country,” Errington said in a statement from the Indiana House Democratic Caucus on November 29. “Medical cannabis is a safe, non-addictive alternative to opioids that could benefit Hoosiers who live with chronic pain and anxiety disorders, including our brave veterans who struggle with post-traumatic stress disorder. Those who have sacrificed so much for our state deserve an effective treatment for their pain, rather than a potential criminal record.”

Republicans hold a supermajority in both houses of the legislature and hold every statewide office. But legislative leaders—some of them—have appeared more open on the issue in recent years.

In 2018, the Republican floor leader in the Indiana House of Representatives, Rep. Matt Lehman, R-Berne, authored a resolution calling for an interim study committee to research medical marijuana.

“Hoosiers rightfully want to know what direction Indiana will take,” he said at the time. “I believe it is wise of policymakers to carefully gather public and professional input.”

Lehman told Fox59 last month that he thinks there’s “always room for discussion” about medical marijuana, but that he thought the federal government would have to act first, before Indiana takes action.

This story was first published by The Center Square.

Ohio GOP Lawmakers File New Marijuana Legalization Bill

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DEA Backs White House Plan To Streamline Research On Marijuana, Psychedelics And Other Schedule I Drugs

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The Drug Enforcement Administration (DEA) and National Institute On Drug Abuse (NIDA) say they are in favor of a White House proposal to streamline the process of researching Schedule I drugs like marijuana and certain psychedelics.

The agencies testified at a House Energy and Commerce subcommittee hearing on Thursday, expressing support for the Office of National Drug Control Policy (ONDCP) research plan. While the focus of the meeting was mostly on a controversial move to strictly classify fentanyl-related substances, the Biden administration proposal’s research components would also help address concerns within the scientific community about the difficulty of studying other Schedule I drugs.

DEA said in written testimony that “expanding access to Schedule I research is a critical part of DEA’s mission to protect public safety and health.”

“It is critical that the scientific and medical community study Schedule I substances, as some may turn out to have therapeutic value,” DEA Principal Deputy Administrator Louis Milione said. “DEA supports the administration’s legislative proposal’s expansion of access to Schedule I research. DEA looks forward to continuing to work with the research community and our interagency partners to facilitate Schedule I research.”

In general, what the administration is proposing is to align the research requirements for Schedule I drugs with those of less-restricted Schedule II drugs. Scientists and lawmakers have consistently pointed out that the existing rules for studying Schedule I controlled substances are excessively burdensome, limiting vital research.

Rather than having each scientist involved in a Schedule I drug study obtain DEA registration, ONDCP wants to make it so multiple researchers at a given institution would be allowed to participate under a single registration. The administration also proposed a policy change where a research institute with studies taking place over multiple locations would only require one overall registration instead of needing to have a specific one for each site.

Another change would allow certain researchers to move ahead with conducting their studies after submitting a notification to the Department of Justice instead of waiting for officials to affirmatively sign off on their proposals. ONDCP’s plan would also waive the requirement for additional inspections at research sites in some circumstances and allow researchers to manufacture small amounts of drugs without obtaining separate registrations. The latter component would not allow cultivation of marijuana, however.

“Even experienced researchers have reported that obtaining a new Schedule I registration, adding new substances to an existing registration, or getting approval for research protocol changes is time consuming,” NIDA Director Nora Volkow said in her testimony. “Unlike for Schedule II through V substances, new and amended Schedule I applications are referred by the DEA to the HHS for a review of the protocol and a determination of the qualifications and competency of the investigator.”

“Researchers have reported that sometimes these challenges impact Schedule I research and deter or prevent scientists from pursuing this critical work,” she said.

In an interview last week, Vokow said that even she—the top federal official overseeing drug research—is personally reluctant to conduct studies on Schedule I substances like marijuana because of the “cumbersome” rules that scientists face when investigating them.

When ONDCP first announced its proposed Schedule I policy changes in September, some experts tempered expectations about the practical effects of aligning Schedule I and Schedule II applications. The difference is largely a matter of extra paperwork for the more restrictive category, they contend.

Regardless, several lawmakers who attended Thursday’s subcommittee hearing expressed enthusiasm about the prospects of these policy changes.

“I’m particularly interested in eroding existing barriers of federal law that limit researchers at academic medical centers from studying Schedule I substances,” Rep. Doris Matsui (D-CA) said. “So I’m grateful that our research agencies are working to find effective solutions.”

Rep. Tony Cárdenas (D-CA) also weighed in, saying that “we all agree that the current scheduling classification system has made it very difficult for scientists to research the effects of scheduled compounds, which may have medicinal properties.”

“For example, we know that compounds in marijuana have legitimate and beneficial medical uses, despite it being Schedule I,” he said. “So I’m encouraged to see that efforts are being made to allow researchers to study the effects of various compounds. In this proposal.”

ONDCP’s intent to streamline research into Schedule I drugs has been notable and seems to be part of a theme that developed within the administration.

For example, DEA has repeatedly proposed significant increases in the production of marijuana, psilocybin and other psychedelics for research purposes, with the intent of aiding in the development of new federally approved therapeutic medications.

NIDA’s Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s prior proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

But while the production developments are promising, advocates are still frustrated that these plants and fungi remain in the strictest drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

There has been at least one recent development in the fight to modernize marijuana research. President Joe Biden signed a massive infrastructure bill last month that includes provisions aimed at allowing researchers to study the actual cannabis that consumers are purchasing from state-legal dispensaries instead of having to use only government-grown cannabis.

But that’s just one of numerous research barriers that scientists have identified. A report that NIDA recently submitted to Congress stressed that the Schedule I status of controlled substances like marijuana is preventing or discouraging research into their potential risks and benefits.

A federal appeals court recently dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Meanwhile, DEA has given hemp businesses that sell delta-8 THC products a boost, with representatives making comments recently signaling that, at the federal level at least, it’s not a controlled substance at this time.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

White House Pressed To Mediate Marijuana Finger-Pointing Between DEA And HHS

Photo courtesy of Brian Shamblen.

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Ohio GOP Lawmakers File New Marijuana Legalization Bill

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A pair of Ohio Republican lawmakers on Thursday filed a bill to legalize marijuana in the state. The move comes as activists are nearing completion of the first phase of their signature drive for a cannabis legalization initiative.

Reps. Jamie Callender (R) and Ron Ferguson (R) first announced their plan to push the legislative reform proposal in October and circulated a co-sponsorship memo to build support for the measure. Now they’re moving ahead with formal introduction of the “Ohio Adult Use Act.”

The bill would allow adults 21 and older to purchase and possess up to 50 grams of cannabis. They could also grow up to six plants, only three of which could be mature, for personal use.

Gifting up to 25 grams of marijuana between adult consumers without remuneration would also be permitted.

Adult-use cannabis products would be taxed at 10 percent. After covering administrative costs, tax revenue would be distributed as follows: 50 percent to the state general fund, 25 percent to combat illicit drug trafficking and 25 percent for substance misuse treatment programs.

The state Department of Commerce would be responsible for regulating the new adult-use marijuana and existing medical cannabis program and issuing business licenses through a new Division of Marijuana Control.

Regulators would be limited to approving one retail cannabis dispensary license per 60,000 residents in the state up until January 1, 2027. After that point, the department would would be required to review the program on “at least a biennial basis” to see if more licensees are needed.

The legislation does not contain specific provisions to promote social equity by expunging prior cannabis convictions or prioritizing licensing for communities most impacted under prohibition. That’s despite Callender saying in October that there would be a pathway for expungements “for folks that have prior convictions that would be not illegal after the passage of this bill.”

A spokesperson in the lawmaker’s office told Marijuana Moment that while those components weren’t included in this introduced version, “it is still the plan to add any needed language on the subject once we get it to committee.”

“Conversations on modifications are continuing but with Thanksgiving here and the end of the year approaching, we wanted to get the ball rolling with introduction,” he said.


Marijuana Moment is already tracking more than 1,200 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

There is at least one equity-related provision to require regulators to conduct a study prior to issuing adult-use licenses “to determine whether there has been prior discrimination in the issuance of marijuana-related licenses in this state, including whether the effects of marijuana prohibition have contributed to a lack of participation by racial or ethnic minorities in the medical marijuana industry in this state.”

If the study does find evidence of discrimination, the department “shall take necessary and appropriate actions to address and remedy any identified discrimination when issuing licenses.”

Under the bill, employers would still be able to enforce anti-drug policies without accommodating workers who use cannabis in compliance with the state law.

The measure would also expand the amount of acreage that licensed cultivators could use to grow cannabis from what is allowed now under the medical marijuana program.

Further, the legislation includes a section that would have the state formally endorse a congressional bill to deschedule marijuana that’s sponsored by Rep. Dave Joyce (R-OH).

A separate state legalization bill that was the first of its kind to be introduced in the Ohio legislature earlier this year would similarly legalize the possession, sale and cultivation of cannabis by adults. It’s being championed by Reps. Casey Weinstein (D) and Terrence Upchurch (D), and it does include expungement provisions.

A recent legislative survey found that Republican lawmakers in the state are more supportive of legalizing marijuana than their Democratic colleagues are.

But leadership in the legislature, as well as Gov. Mike DeWine (R), will likely present obstacles for any recreational legalization bill that advances.

House Speaker Robert Cupp (R) laughed when he was asked about Callender’s legislation after its initial announcement, though he added, “Let’s just see where it goes. I haven’t read it yet.”

Callender said that although Republican legislative leaders and the governor are not yet on board, “there is more bipartisan support than most people would think.”

Meanwhile, Ohio activists recently said that they would have enough signatures to force the legislature to consider legalizing marijuana by the end of November. And Weinstein said he feels the citizen-led effort could help build momentum for a legislative approach to ending prohibition.

While it’s only been a few months since Ohio officials cleared the campaign to collect signatures for its measure, Coalition to Regulate Marijuana Like Alcohol spokesperson Tom Haren said that the initial wave of signature gathering “will be completed probably about the end of November.” There’s yet to be an announcement as to whether they succeeded in that timeline.

The measure that legislators would then be required to consider would legalize possession of up to 2.5 ounces of cannabis for adults 21 and older, and they could also have up to 15 grams of marijuana concentrates. Individuals could grow up to six plants for personal use, with a maximum 12 plants per household.

Activists must collect 132,887 valid signatures from registered voters for the statutory initiative during this first phase of the effort. If they succeed, the legislature will then have four months to adopt the measure, reject it or adopt an amended version. If lawmakers do not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the proposal before voters on the ballot in November 2022.

Further demonstrating the appetite for reform in Ohio, voters in seven cities approved ballot measures to decriminalize marijuana possession during last month’s election.

Ohio marijuana activists have also successfully proved that they turned in enough valid signatures to put a local decriminalization initiative before Kent voters after having missed the 2021 ballot due to a verification error on the part of county officials.

Separately, Ohio senators recently filed a bill to expand the state’s medical cannabis program, in party by allowing physicians to recommend marijuana if they “reasonably” believe it could benefit the patient.

Missouri GOP Lawmaker Files Joint Resolution To Put Marijuana Legalization On Ballot As Activists Launch Separate Campaign

Photo courtesy of WeedPornDaily.

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