The U.S. House of Representatives approved a bill to federally legalize marijuana in a historic vote on Friday.
It’s the day that cannabis reform advocates have been building toward for years—a full floor vote to end prohibition in a chamber of Congress.
Prior to the bill’s approval in a 228 to 164 vote, Republican lawmakers spent days criticizing their Democratic counterparts for even bringing the legislation to the floor.
While the vote was mostly along party lines, five Republicans supported the reform and six Democrats opposed it.
Under the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, cannabis would be federally descheduled and those with prior convictions would have their records expunged. The descheduling provisions would be retroactive, too.
Despite the unprecedented House victory for reformers, few believe the legislation stands a chance in the Republican-controlled Senate, at least before the end of the current Congress early next month. Vice President-elect Kamala Harris (D-CA) is the lead sponsor of the Senate companion version of the bill.
Ahead of the bill’s passage, debate on the floor largely consisted of Democrats making the case that the reform will help to right the wrongs of the racist war on drugs, and Republicans arguing that legalization would cause harms to children and public safety and that now is not the right time to consider the issue in any case.
Watch the House debate and vote on the MORE Act below:
“Across this nation, thousands of men and women have suffered needlessly from the federal criminalization of marijuana, particularly in communities of color and have borne the burden of collateral consequences for those ensnared in criminal legal systems that have damaged our society across generations,” Rep. Sheila Jackson Lee (D-TX) said in her opening remarks. “This is unacceptable and we must change our laws. It is time for Congress to catch up with the reforms that states are enacting.”
1. Removes marijuana, or cannabis, from the list—or the schedule—of Federally controlled substances.
— Sheila Jackson Lee (@JacksonLeeTX18) December 4, 2020
We must undo the damage that has been done to our communities since marijuana was arbitrarily placed on the list of controlled substances back in 1970. pic.twitter.com/3SmTw8bebs
— Sheila Jackson Lee (@JacksonLeeTX18) December 4, 2020
Rep. Matt Gaetz (R-FL), the sole GOP cosponsor of the legislation, said that while he feels the bill is “flawed,” he is voting for it “because the federal government has lied to the people of this country about marijuana for a generation.
“We have seen a generation, particularly of black and brown youth, locked up for offenses that not should have not resulted in any incarceration whatsoever,” he said.
The federal government has lied to the people of this country about marijuana for a generation.
I’m voting for the MORE Act. pic.twitter.com/suH497s54Y
— Rep. Matt Gaetz (@RepMattGaetz) December 4, 2020
The fourth-ranking Democrat in the House, Rep. Hakeem Jeffries (D-NY), said cannabis criminalization represents “a stain on our democracy,” emphasizing ongoing racial disparities in enforcement despite the fact that black and white people use marijuana at roughly the same rates.
House just passed legislation to decriminalize Marijuana in America.
The failed war on drugs has ruined lives, families and communities.
We must end it.
— Hakeem Jeffries (@RepJeffries) December 4, 2020
Congressional Cannabis Caucus Co-chair Barbara Lee (D-CA) said the MORE Act “is an important racial justice measure” and “the product of years of work by so many activists and advocates and young people—and it’s long overdue.”
“It’s time to end these unjust laws which has shattered the lives of so many young people of color,” the congresswoman, who presided over the chamber during the final vote, said.
Rep. Earl Blumenauer (D-OR), another Cannabis Caucus co-chair and longtime marijuana reform advocate, gave an impassioned speech in support of the bill.
Today, the House takes a major step forward in ending the failed war on drugs.#EndCannabisProhibition
— Earl Blumenauer (@repblumenauer) December 4, 2020
“We’re not rushing to legalize marijuana,” he said. “The American people have all ready done that. We’re here because Congress has failed to deal with the disastrous war on drugs and do its part for the over 50 million regular marijuana users [who live in] every one of your districts.”
“It’s time for Congress to step up and do its part,” he said. “We need to catch up with the rest of the American people.”
Rep. Jim Jordan (R-OH) repeated the GOP criticism of Democratic priorities with this vote and slammed the tax provisions of the MORE Act.
“This bill—it’s not enough just to legalize marijuana. They want taxpayers to pay for it,” he said of Democrats. “This bill sets up a grant program. This is the marijuana business infrastructure bill.”
Prior to the vote on final passage, the House considered a motion to recommit—the minority party’s only tool to amend the bill—from Rep. Debbie Lesko (R-AZ) to add language clarifying that “an employer may test an employee or applicant for cannabis use to ensure workplace and public safety.” That proposal was rejected by a tally of 218 to 174, with one member voting present.
“In the middle of the COVID-19 pandemic House Democrats are rushing to pass a sweeping marijuana legalization bill without considering the unintended consequences the legislation will have on workplace and public safety,” she said. The vote on the motion will occur after the vote on passage.
“Wars are costly, and the war on marijuana is no exception,” Rep. David Cicilline (D-RI) said. “The costs of the war on marijuana have disproportionately fell on the backs of blacks and Latinos.”
— David Cicilline (@davidcicilline) December 4, 2020
Rep. Lou Correa (D-CA) noted that “than half of all Americans live in a state where cannabis is legal” and said Congress should “align federal cannabis laws with the will of the people. Let’s take full advantage of the medical benefits of cannabis.”
✅ Reverses decades of discriminatory cannabis policies
✅ Helps our veterans access alternative medications
✅ Creates jobs and economic opportunity
Let’s pass the More Act! pic.twitter.com/WZMIQn6Mnh
— Rep. Lou Correa (@RepLouCorrea) December 4, 2020
He also thanked House Judiciary Chairman Jerrold Nadler (D-NY), the bill’s sponsor, for including one of his proposals to require a study of the benefits of medical cannabis for veterans in an adopted manager’s amendment.
“For far too long, we have treated marijuana as a criminal justice problem instead of as a matter of personal choice and public health,” Nadler, who was not present for the debate, said in a written statement.
America's marijuana laws disproportionately harm individuals and communities of color, leading to convictions that damage job prospects and the ability to vote. As the legal marijuana industry grows, Congress has a responsibility to ensure our policies are equitable & inclusive.
— Rep. Nadler (@RepJerryNadler) December 4, 2020
“Whatever one’s views are on the use of marijuana for recreational or medicinal use, the policy of arrests, prosecution, and incarceration at the Federal level has proven unwise and unjust,” he said.
Today, the House votes on my bill, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. I'm proud of this historic bill—which federally decriminalizes marijuana, expunges marijuana convictions, and makes local investments—and the difference it'll make. #WeWantMORE pic.twitter.com/M6ERXXK9oR
— Rep. Nadler (@RepJerryNadler) December 4, 2020
“The bottom line is, this vote is about freedom,” Rep. Tulsi Gabbard (D-HI) said. “It’s about freedom of choice for every American to make their own decisions for themselves without fear of the government coming and arresting them.”
Rep. Andy Biggs (R-AZ) voiced opposition to the legislation and inaccurately claimed that voters in his state “barely” approved a measure to legalize marijuana during last month’s election. In fact, it passed 60-40 percent—a point Blumenauer later clarified.
The chairwoman of the House Small Business Committee, Rep. Nydia Velázquez (D-NY), said the bill “will restore justice to our most marginalized communities and it will boost our economy.” She added that “communities of color have disproportionately suffered from the so-called war on drugs” and they “have also been locked out of traditional capital markets.”
“That is why the MORE Act is the best legislation to advance progress on this issue,” she said.
The MORE Act takes a stand for our marginalized communities, decriminalizing cannabis and incentivizing the expunging of low level possession records. Today, I spoke in support of this bill, and of creating equal opportunities. (2/2) https://t.co/qko8NYJHRa
— Rep. Nydia Velazquez (@NydiaVelazquez) December 4, 2020
It’s been about a year since the legislation cleared the Judiciary Committee. Advocates have been pushing for a floor vote ever since, and leadership initially said that would take place in September. But certain centrist Democrats urged a delay, citing concerns about the optics of advancing the reform before passing another round of coronavirus relief.
— House Judiciary Dems (@HouseJudiciary) December 4, 2020
Our federal cannabis policies have been rooted in the past for far too long. As states continue to modernize how we regulate cannabis, Congress has a responsibility to ensure that our policies are fair, equitable, and inclusive. #EndCannabisProhibition
— House Judiciary Dems (@HouseJudiciary) December 4, 2020
Leadership agreed but promised a floor vote before the year’s end. Majority Leader Steny Hoyer (D-MD) recently announced that the action would take place this week, and the procedural rules for floor consideration were approved in committee on Wednesday. The House began preliminary debate and accepted the rule—which closed the bill to further amendments—on Thursday.
GOP lawmakers have repeatedly hit House leadership after plans of the vote on the MORE Act were announced. While many have lashed out on Twitter, Senate Majority Leader Mitch McConnell (R-KY) took to the floor of his chamber to condemn the move on Thursday, sarcastically mocking Democrats for “spending this week on pressing issues like marijuana.”
One House Democrat, Rep. Conor Lamb (D-PA), echoed the GOP criticism, saying that this “isn’t the right way” to advance reform and arguing that lawmakers should instead be focused on COVID-19 relief.
Before coming to the floor, the legislation was revised in a Rules Committee Print, transmitted from Nadler’s Judiciary panel, and further modified in a manager’s amendment he filed. Most of the revisions were technical in nature, though there was one significant change as it relates to the proposed tax structure for marijuana.
There is no reason for cannabis to be classified as a federally scheduled substance under the Controlled Substances Act. The MORE Act deschedules cannabis, allowing states to establish their own marijuana regulations and providing medical marijuana access to veterans in need.
— Rep. Nadler (@RepJerryNadler) December 4, 2020
As now structured, the MORE Act would make it so cannabis would be federally taxed at five percent for the first two years after implementation and then increased by one percent each year until reaching eight percent. After five years, taxes would be applied to marijuana products based on weight rather than price.
The bill would also create a pathway for resentencing for those incarcerated for marijuana offenses, as well as protect immigrants from being denied citizenship over cannabis and prevent federal agencies from denying public benefits or security clearances due to its use.
A new Cannabis Justice Office under the Justice Department would be responsible for distributing funds providing loans for small cannabis businesses owned and controlled by socially and economically disadvantaged individuals. The bill also seeks to minimize barriers to licensing and employment in the legal industry.
It would also establish a Community Reinvestment Grant Program. Tax dollars appropriated to that program would go to job training, legal aid for criminal and civil cases such as those concerning marijuana-related expungements, literacy programs and youth recreation and mentoring services, among other programs.
In new changes that some reform advocates take exception to, the legislation also stipulates that the heads of the Transportation Department and Coast Guard may continue to include marijuana in drug testing programs for safety-sensitive positions and clarifies that the expungement provisions only apply to “non-violent marijuana offenders” and bars so-called “kingpins” from obtaining expungements.
Advocates were optimistic about the bill’s advancement through the House, but it should be noted that its prospects in the GOP-controlled Senate this session are dim. McConnell is a champion of the hemp industry but staunchly opposes further marijuana reform.
Still, the historic nature of a vote by a chamber of Congress to legalize marijuana is hard to overstate. While the House has on two previous occasions approved amendments to shield all state marijuana laws from federal interference (which later died in the Senate), never before has legislation to formally remove cannabis from the Controlled Substances Act advanced on Capitol Hill.
Legalization advocates heralded the vote as a watershed moment for the movement.
Justin Stekal, political director of NORML, said this “is a historic day for marijuana policy in the United States.”
“This vote marks the first time in 50 years that a chamber of Congress has ever revisited the classification of cannabis as a federally controlled and prohibited substance, and it marks the first time in 24 years—when California became the first state defy the federal government on the issue of marijuana prohibition—that Congress has sought to close the widening chasm between state and federal marijuana policies,” he said. “By establishing this new trajectory for federal policy, we expect that more states will revisit and amend the archaic criminalization of cannabis, establish regulated consumer marketplaces, and direct law enforcement to cease the practice of arresting over half a million Americans annually for marijuana-related violations—arrests which disproportionately fall upon those on people of color and those on the lower end of the economic spectrum.”
Aaron Smith, chief executive officer of the National Cannabis Industry Association said that “the symbolic and historical importance of the MORE Act passing in the House cannot be overstated.”
“This vote stands as a rebuke of failed and harmful prohibition policies, and represents a growing understanding of their racially and economically disparate impacts,” he said. “Americans are increasingly ready to see cannabis legal for adults and sensibly regulated, which they showed through their representatives today and at the ballot box last month.”
Steve Fox, a strategic advisor to the Cannabis Trade Federation, said it is “a day of celebration for everyone who has worked to end cannabis prohibition over the past 25 years. All of those efforts have built toward this day.”
While celebrating the overall legislation, Marijuana Policy Project Executive Director Steve Hawkins noted that “it falls short of a perfect bill and at least one provision can hopefully be removed before final enactment.”
“An amendment inserted in the final days before today’s vote would empower the federal government to prevent Americans who have been charged with cannabis-related felonies from working in the marijuana industry,” he said. “This policy could block many of those individuals accused of prior marijuana offenses from participating in the legal market, which will inhibit our ability to create an equitable and fair marijuana industry. The fact that it might apply to people who were never even convicted of a crime makes it particularly unacceptable.”
Overall, the passage of the legalization legislation could send a strong signal to the incoming presidential administration, and it sets the stage for similar action in 2021—especially if Democrats win control of the Senate after two runoff elections in Georgia next month.
Given President-elect Joe Biden’s former approach to championing punitive anti-drug legislation as a senator and his ongoing obstinance on marijuana legalization at a time when polls show that a clear majority of Americans favor the policy change, there remains some skepticism about his willingness to make good on his campaign promises to achieve more modest reforms he has endorsed, such as decriminalizing possession and expunging records.
A transition document the incoming Biden-Harris administration released this month left out mention of those cannabis pledges. While Harris is sponsoring the MORE Act, she’s indicated that she would not necessarily push the president-elect to adopt a pro-legalization position.
That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”
For his part, Blumenauer told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.
Meanwhile, the Congressional Research Service released an analysis of the MORE Act last month, finding that the bill’s passage could “reverse” the current cannabis policy gap that exists between states and the federal government.
Image element courtesy of Tim Evanson.
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.
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.
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.