The psychedelics reform movement is quietly advancing throughout the country, with four more major cities poised to take up proposals to decriminalize entheogenic substances such as psilocybin mushrooms.
Advocates in Portland, Chicago, Berkeley and Dallas are pushing decriminalization measures—either through City Council action or ballot measures—aiming to build on successful campaigns to deprioritize enforcement of certain drug laws in Denver and Oakland earlier this year.
Here’s a rundown of the latest developments in these jurisdictions:
A proposed city ballot measure to decriminalize entheogenic plants and fungi was filed in Portland last week, and activists are now awaiting approval of templates to begin the signature gathering process.
Decriminalize Nature Portland, the group behind the 2020 initiative, said that it’s imperative to end enforcement of laws against possessing or cultivating the substances so that people can reap health benefits without fear of prosecution, citing studies demonstrating that plant medicines can treat certain mental health conditions.
“Oregon is in the middle of a peak in its mental health and homelessness rates,” Holly Sullivan, the chief petitioner, said in a press release. “And the last thing we need to be doing is locking up more of our most vulnerable folks for the possession or homegrowing of medicines that are clinically proven to treat depression, PTSD, and addiction.”
Text of the measure, which was shared with Marijuana Moment, outlines the benefits of psychedelics such as psilocybin, ayahuasca, ibogaine and DMT. It also argues that government resources should not be used “in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of psychedelic plants.”
The initiative states that Portland may not adopt any laws prohibiting or regulating the possession, cultivation or distribution of psychedelics for personal use. Interestingly, however, it carves out an exception allowing for regulation of the commercial sale of the substances “when the quantity being sold by the offending person is worth more than $500 per week.”
Organizers were initially pursuing reform through both a City Council petition and a ballot proposal, Sky Vavonese of Decriminalize Nature Portland told Marijuana Moment.
“As time went on, we needed to take the process into our own hands instead of leaving it up to five people who are in our local government,” Vavonese said. “So we are conversing with our city and county commissioners because they do have the executive power to fast track decriminalization once we have turned in the required signatures we need, and it is important to work with the local government workers so we have as much support as possible.”
She added that the group will have to gather about 38,000 valid signatures to qualify for the ballot, but they’re aiming to collect more than the required amount “to be safe.”
Decriminalize Nature Portland’s Nicholas Combest is scheduled to discuss the proposal and request endorsements during a City Council meeting on Wednesday.
Read the full text of the Oregon psychedelics ballot measure below:
Decriminalize Nature Portland’s initiative is one of two psychedelics measures that activists are working to get before voters in the state next year. A separate group of organizers is pushing a statewide ballot initiative to legalize psilocybin for therapeutic purposes at licensed facilities.
There’s been some confusion and misreporting on recent psychedelics reform efforts in the Windy City, but things are moving forward. While the Chicago City Council website at one point indicated recently that there was unanimous support for a decriminalization measure that made it on the consent calendar last week, it appears to have been a clerical error and has since been updated to reflect that the resolution has simply been referred to a committee.
“It needs more steps to complete, including community comment and a final vote, and has action requests that need to be addressed,” Decriminalize Nature, the national reform group behind the measure, said.
Councilman Brian Hopkins is sponsoring the legislation, which seeks to prohibit the use of government funds to enforce laws against using, possessing, transporting, cultivating or distributing psychedelics.
After listing various health benefits of psychedelics and noting increase funding for studies into the substances, the measure resolves that Chicago’s government should not “use ANY funds or resources to assist in the enforcement of laws imposing any penalties for the use and possession of Entheogenic Plants for Adult Use” and that it should be “amongst the lowest level of Chicago Police Department law enforcement priorities.”
Next month, a measure to decriminalize psychedelics in Berkeley is expected to receive a hearing in a citizen-led commission. The meeting, set for November 21, will come several months after the City Council’s Public Safety Committee unanimously voted in favor of sending the resolution to a separate, health-focused panel.
The citizen commission was initially expected to weigh in on the decriminalization measure this month, a spokesperson for the advocacy group Decriminalize Nature told Marijuana Moment, but a scheduling snafu bumped its consideration. Given the delay, the local government isn’t likely to take up the resolution until 2020, however. In any case, once the Community Health Commission weighs in on the reform it will go back to City Council for a formal vote on enactment.
There has been added pressure for the city to remove criminal penalties on psychedelics following the successful Council vote in neighboring Oakland to reform their laws governing the substances.
Decriminalize Nature Dallas, another offshoot of the growing national movement to reform psychedelic laws, is preparing to advance a decriminalization measure as well. Beyond psychedelics like psilocybin, however, the group said it will also add marijuana to the list of substances that would be covered, as cannabis possession remains strictly prohibited in Texas.
The measure hasn’t been filed yet, but the group’s co-founder, Tristan Seikel, told Dallas News that the time is ripe for reform.
Because of the high level of marijuana possession arrests in the city, including the plant in the proposal makes the effort unique, he said.
“It’s projected that we’ll have at least 100,000 people arrested for cannabis between now and the next time we will even be able to talk to our Legislature about it,” Seikel said at a town hall meeting earlier this month. “That’s why our campaign is very much different… When it comes to cannabis, [our campaign] should have a demonstrable effect on the number of people getting arrested.”
He said that the plan isn’t to legalize psychedelics, as advocates “don’t want to see sacred medicines just another thing you buy in the smoke shop” and that the “whole point about” allowing home cultivation “is to allow people to develop their own relationship with it and develop it on a more intimate community-based level that isn’t driven by profit.”
A spreading national movement
These latest developments represent a continuation of a trend that has rapidly evolved in 2019, with activists in two cities making history through decriminalization wins and setting the stage for a national reckoning on psychedelics policy.
Decriminalize Nature is tracking dozens of local efforts to remove criminal penalties for entheogenic substances, and many of those campaigns are coordinating with the national hub. Meanwhile, the activists behind Denver’s vote to decriminalize psilocybin mushrooms launched a separate national advocacy group called SPORE in July. The group aims to spread education and share resources with local organizers interested in building on their success.
Idaho Medical Marijuana Activists ‘Likely’ To Seek Signature Gathering Relief After Court Ruling
A campaign to legalize medical marijuana in Idaho is preparing to potentially collect signatures again, as they are likely to seek the same relief that a federal court recently granted a separate campaign that found its petitioning efforts crippled by the coronavirus pandemic.
The judge said activists behind Reclaim Idaho, which is pushing an initiative on school funding, can start collecting signatures in-person and electronically for 48 days starting July 9. While the Idaho Cannabis Coalition wasn’t involved in that case, they feel the ruling will apply to them and they’re actively monitoring the situation.
“We are in the process of working with the local medical marijuana campaign to assess whether Judge Winmill’s order provides a route for the medical marijuana initiative to still qualify for the November ballot,” Tamar Todd, legal director for the New Approach PAC, which is lending support to the state cannabis effort, told Marijuana Moment.
“The medical marijuana campaign is similarly situated to the Reclaim Idaho campaign and will likely ask for a similar extension of time and permission to collect signatures electronically from the Secretary of State, and if necessary, from the District Court,” she said. “I don’t know the exact timeline as there are a number of moving pieces but it will be quick.”
On June 23, U.S. District Judge B. Lynn Winmill gave the state two options: either allow electronic signature gathering for 48 days or simply place the Reclaim Idaho initiative on the ballot regardless of the signature requirement. The state chose neither and proceeded to request that the ruling be stayed.
The judge denied the state’s request to stay the order, so the signature gathering for the school funding campaign can proceed on July 9. The state has since filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit to challenge the lower court’s ruling.
“The district court order severely and unquestionably disrupts Idaho’s election,” the state deputy attorney general wrote in the motion.
The deadline to submit 55,057 signatures to qualify the cannabis initiative passed on May 1, shortly after the group announced it was suspending petitioning activities because of the health crisis and the stay-at-home social distancing measures the state enacted. The cannabis campaign said it has about 45,000 raw signatures on hand at this point, and they’re confident that can fill the gap if they get the deadline extension and electronic petitioning option.
Under the proposed measure, patients with qualifying conditions could receive medical cannabis recommendations from physicians and then possess up to four ounces of marijuana and grow up to six plants.
While advocates say passing medical marijuana in one of the remaining states without such policies on the books would be a victory for patients in its own right, it could also have outsized federal implications. A House-passed bill to protect banks that service state-legal cannabis businesses from being penalized by federal regulators is currently sitting in limbo in a Senate committee chaired by a senator who represents the state.
Creating a medical marijuana program in Idaho, which is one of small handful of states that don’t yet even have limited CBD laws, could put additional pressure on Senate Banking Committee Chairman Mike Crapo (R-ID) to move the financial services legislation in Congress.
Summer Dreams Of Marijuana-Infused Slushies Are Melted By Oklahoma Regulators
Bad news for Oklahoma medical marijuana patients trying to beat the summer heat with a marijuana-infused slushy: State regulators say the icy beverages “are unlikely to meet requirements set forth in Oklahoma statutes and rules” for cannabis products.
As the weather heats up, THC-infused slushy machines have been popping up at more and more Oklahoma dispensaries. Made by companies such as Glazees, which offers flavors such as watermelon and blue raspberry, the THC-infused drinks sell for about $12-$15.
But despite their popularity with some patients, regulators say the slushies fail to comply with a number of state rules, such as a requirement that products be packaged in child-resistant containers. Dispensaries themselves also “are not allowed to alter, package, or label products,” regulators said.
State rules further require that all medical marijuana products be tested in their final form. “In this instance, the finished product is the slushy mixture to be dispensed to patients/caregivers, not the syrup,” regulators said. “If water, ice, or any other substance is added to the product, additional testing is required to ensure the product is safe for consumption and final-product labeling is accurate.”
The OMMA has received multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries. Learn more here: https://t.co/3b6XFzYe2f pic.twitter.com/MPq4Z3PWft
— Oklahoma Medical Marijuana Authority (@OMMAOK) July 2, 2020
Regulators didn’t specify how adding water or ice to cannabis products could affect consumer safety, however.
The Oklahoma Medical Marijuana Authority (OMMA) issued the update on Thursday in what it called a “slushy-machine guidance” memo. The office said it had received “multiple inquiries regarding the processing and dispensing of marijuana-infused slushies on-site at medical marijuana dispensaries.”
It’s not the first obstacle encountered by Oklahoma marijuana businesses, which began popping up across the state voters passed a medical marijuana law in 2018.
Earlier this year, lawmakers passed a wide-ranging medical cannabis expansion bill, which would have allowed out-of-state residents to obtain temporary licenses, permitted licensed businesses to deliver marijuana to customers and eliminated jail time for for first-time possession convictions. But Gov. Kevin Stitt (R) then vetoed the bill, and lawmakers didn’t hold a vote to override the action.
Oklahoma activists also filed a proposed marijuana legalization ballot measure in December, but it’s unlikely the campaign can gather enough signatures to put the measure before voters this November. Their signature-gathering was largely delayed due to the coronavirus pandemic, and only last week did the state Supreme Court rule that the campaign could initiate petitioning. Supporters now have about 90 days to gather nearly 178,000 signatures from registered voters.
Photo courtesy of Max Pixel
Virginia Lawmakers Announce Plans To Legalize Marijuana, One Day After Decriminalization Takes Effect
Only a day after a new marijuana decriminalization law took effect in Virginia, top state lawmakers are announcing that they’re already looking ahead to full legalization.
A group of Democratic legislators on Thursday announced plans to introduce a bill to legalize and regulate a commercial cannabis market in the state. While the measure isn’t set to be filed until next year, lawmakers framed legalization as necessary in the fight for social and racial justice.
“Decriminalizing marijuana is an important step in mitigating racial disparities in the criminal justice system, but there is still much work to do,” House Majority Leader Charniele Herring (D) said in a press release. “While marijuana arrests across the nation have decreased, arrests in Virginia have increased.”
Other lawmakers backing the broader legalization push include Sens. Adam Ebbin (D) and Jennifer McClellan (D), as well as Del. Steve Heretick (D).
On Wednesday, the state’s new marijuana decriminalization policy took effect. The law, approved by lawmakers earlier this year and signed by Gov. Ralph Northam (D), removes criminal penalties for low-level marijuana possession. Under the change, having up to an ounce of cannabis is now punishable by a $25 fine and no threat of jail time or a criminal record.
Prior Virginia law punished simple marijuana possession with up to 30 days in jail, a $500 fine and a long-term criminal record.
“This bill will prevent low-level offenders from receiving jail time for simple possession while we move toward legalization with a framework that addresses both public safety and racial equity in an emerging market,” Herring said of the new law, which she sponsored in the House of Delegates and Ebbin led in the Senate.
The decriminalization measure also contains a provision to study future legalization. It requires a bevy of executive agencies, including “the Secretaries of Agriculture and Forestry, Finance, Health and Human Resources, and Public Safety and Homeland Security,” to convene an expert working group to study the matter. That panel’s report is due in November.
A separate legislative agency, the Joint Legislative Audit and Review Committee (JLARC), is also studying the impacts of possible legalization as the result of yet another resolution approved by lawmakers this year.
Lawmakers said on Thursday that the JLARC report, which is due in December, would inform how they shape legalization legislation they expect to file in 2021.
“Elements of the JLARC study include review of best practices from states such as Illinois that have developed a legal framework, testing and labelling recommendations, and measures to reduce illicit sales,” according to a press release from Ebbin’s office. “The study will also examine how best to provide redress and economic opportunity for communities disproportionately impacted by marijuana prohibition, and recommend programs and policies to reinvest in affected communities.”
The Virginia Legislative Black Caucus doesn’t want to wait for the results of the two reviews, however, and is pushing fellow lawmakers to take up cannabis legalization during a special session in August. In addition, the caucus has said its members intend to file bills to implement automatic expungement, ban no-knock warrants, require courts to publish racial date on people charged with low-level offenses and enact other sweeping criminal justice reforms.
Jenn Michelle Pedini, development director for the legalization advocacy group NORML and executive director of the group’s Virginia chapter, said the organization, which has worked with lawmakers on past reforms, looks forward to continuing to bring evidence-based cannabis policy to Virginia.
“For far too long, young people, poor people, and people of color have been disproportionately impacted by cannabis criminalization, and Virginia must take immediate steps to right these past wrongs and undo the damage that prohibition has waged upon hundreds of thousands of Virginians,” Pedini said. “It is time to legalize and regulate the responsible use of cannabis by adults in the Commonwealth.”
Ebbin said that despite the meaningful step of decriminalization, the state still has a long way to go.
“Today Virginia is taking an important first step in reducing the harm caused by the criminalization of cannabis,” he said in a statement. “The prohibition of marijuana has failed and the consequence of this failure has been felt overwhelmingly by Virginians of color, but it has not ended. It will only end when it is replaced by a regulated adult-use market that emphasizes equity—making whole those who have been burdened most by making sure they have a seat at the table and access to the marketplace. We are looking forward to doing the hard work needed to get this right.”
In the meantime, the Senate Democratic Caucus has announced it will pursue a bill during the special session next month to end law enforcement searches of people or vehicles based solely on the smell of marijuana, which critics say is a recipe for discriminatory enforcement. The group also noted that the chamber approved legislation during the regular legislative session that would have expunged certain marijuana charges and convictions, but that those bills didn’t make it to the governor’s desk.