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Oakland Lawmakers Advance Psychedelic Decriminalization Measure

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Oakland, California is taking a step towards becoming the second city in the United States to decriminalize the possession of hallucinogenic mushrooms containing psilocybin.

But going even further than a measure recently approved by voters in Denver, the resolution given initial approval on Tuesday also seeks to end criminal penalties for other plant-based psychedelics, including ayahuasca, mescaline and ibogaine.

The City Council’s Public Safety Committee voted—with three ayes and one abstention—to advance to the full Council a measure that would declare enforcement of laws prohibiting the possession of “entheogenic plants” among adults the “lowest priority” for police.

The measure would also seek to block officials from using “any city funds or resources to assist” in enforcing bans on naturally derived psychedelics.

If the resolution sponsored by City Councilmember Noel Gallo is enacted, Oakland would follow Denver—where voters narrowly approved a psilocybin decriminalization measure earlier this month—in declaring its support for allowing adults to possess certain psychedelics without fear of arrest, fines and imprisonment.

The substances—which, like marijuana, remain in Schedule I of the federal Controlled Substances Act—would still be illegal under both federal and state laws.

“This is nothing new. These plants have been used for healing for thousands of years,” Gallo told Marijuana Moment before Tuesday’s hearing.

Gallo’s grandmother in Mexico “didn’t go to Walgreen’s” to find medicine, Gallo said—she used herbs from her garden, in keeping with indigenous tradition. And Gallo’s nephew, an Iraq War veteran, also sought healing for post-traumatic stress disorder using psilocybin.

“It made a real difference,” he said.

The lone self-described “downer” vote came from Councilmember Loren Taylor.

Entheogenic plants are “valuable in certain settings, I’m not arguing or contradicting that,” he said. “It’s how we deploy it.”

Taylor expressed worry that psychedelics could “become the fad in schools.”

“It is something that could be taken advantage of,” he said. “That’s the piece for me. I want to make sure we’re thinking through all the implications.”

Council President Rebecca Kaplan, who supported the move to advance decriminalization, criticized the “racist, wasteful and expensive” war on drugs and said it is “long past time” for prohibitionist policies to be challenged.

The resolution will be considered by the full City Council on June 4.

Should the full body approve the measure and Oakland become a successful small-scale test case for psychedelics reform, Gallo expects that advocates working to place a psilocybin decriminalization initiative on the statewide ballot in 2020 will get a boost in their efforts. A previous attempt to qualify a mushroom measure failed to collect a sufficient number of signatures.

If a statewide push to decriminalize plant-based therapeutic hallucinogenics ultimately prevails and the “feds back off,” some kind of legalized access—most likely following a model similar to cannabis, which was grown in nonprofit collectives before it became a commercialized commodity sold by well-capitalized corporations—could follow, Gallo predicted.

Meanwhile, similar efforts to loosen restrictions around access to hallucinogenic plants are already underway elsewhere, including in Oregon, where advocates are currently collecting signatures to qualify a 2020 ballot measure to legalize the medical use of psilocybin and otherwise lower penalties for the substance.

Though the issue appears to have political support in Oakland and is not dissimilar from cannabis legalization, which has broad bipartisan backing even in Congress, most federal lawmakers have thus far proven unwilling to discuss decriminalizing psychedelics.

On Tuesday, more than 60 people signed up to testify at the well-attended Oakland hearing.

“These medicines are safe,” said Gary Kono, a retired surgeon, speaking to the Council. “There is not a single case” showing the plant-based psychedelics cause addiction, he argued. “More people die from taking selfies for social media.”

In recent years, psychedelic drugs have grown in popularity not only among the constantly innovating Silicon Valley elites—for whom “microdosing,” or ingesting tiny amounts of various drugs in an effort to spark creativity, carries cultural currency—but among a wider mainstream population seeking relief for profound maladies of the consciousness, including post-traumatic stress disorder, anxiety, addiction and coping with end-of-life scenarios.

Such uses for psychedelic drugs were the focus of a recent book by the author Michael Pollan.

Last fall, researchers at Johns Hopkins University recommended that psilocybin be rescheduled to allow for medical use, suggesting that, when administered in a controlled setting, the drug has potential for treating anxiety, depression and addiction.

As for why psychedelics are enjoying a moment, Carlos Plazola, one of the organizers with Decriminalize Nature Oakland, the advocacy group behind the resolution, offered a few theories.

The spectre of opiate addiction, the existential threat of climate change and the rise of authoritarian governments in former liberal democracies across the world are all crises that may be compelling humans to “connect to nature, and bring back the healing that nature provides,” he told Marijuana Moment before Tuesday’s hearing.

Among all cities in progressive California, Oakland—which has long had some of the most progressive drug laws in the United States—is probably the likeliest candidate for experimentation with psychedelics decriminalization.

Oakland was one of the first cities to allow medical cannabis dispensaries; a stretch of downtown once sported dozens and earned the sobriquet “Oaksterdam,” a name used by the country’s first “cannabis grow college,” also headquartered in Oakland. Sales of recreational cannabis went on in private clubs—with knowledge of Oakland police—after voters passed a lowest-priority ordinance called Measure Z in 2004. And the city has embraced commercial cannabis, with annual sales of the drug at about $100 million a year, according to state sales tax figures recently published by the San Jose Mercury News.

Psychedelic drugs already appear to be a low priority for local law enforcement. Every year in Alameda County, which includes Oakland as well as nearby Berkeley, there are roughly 12 arrests for possession of psychedelic drugs, a spokesman for the Alameda County Sheriff’s Office told the San Francisco Chronicle.

Among the dozens of supporters who showed up for the night’s hearing was Ryan Miller, a Marine Corps veteran and medical-cannabis advocate who says he, too, achieved spiritual healing through psychedelic rituals.

For veterans with mental-health issues, cannabis is “an effective palliative treatment,” Miller told Marijuana Moment. “But if we want to get serious about the veteran suicide epidemic, we definitely need access to the stronger plants.”

Most Oregon Voters Favor Legalizing Psilocybin Mushrooms For Medical Use, Poll Finds

Photo courtesy of Wikimedia/Mushroom Observer.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Chris Roberts is a reporter and writer based in San Francisco. He has covered the cannabis industry since 2009, with bylines in the Guardian, Deadspin, Leafly News, The Observer, The Verge, Curbed, Cannabis Now, SF Weekly and others.

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State Of Montana Launches Online Hemp Marketplace To Connect Buyers And Sellers

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Say you’re a Montana farmer who has planted acres of industrial hemp. As harvest nears, you’re looking to offload it. Where do you go to find a buyer?

Montana’s Department of Agriculture says it has the answer.

The state this week announced the launch of an online “Hemp Marketplace,” unveiling an online portal meant to connect the hemp farmers with buyers in search of seeds, fiber and derivatives such as cannabidiol, or CBD.

“The Hemp Marketplace concept originated from the same idea as the department’s Hay Hotline,” the Agriculture Department says on its website, “only instead of hay and pasture, the online tool connects buyers and sellers of hemp and hemp derivatives.”

Listings are free of charge.

Montana online Hemp Marketplace screenshot

Montana Department of Agriculture

Montana farmers have embraced industrial hemp since the state legalized its production under a federal pilot program. The first legal crop was planted in 2017, and in recent years the state has led the country in terms of space dedicated to the plant. In 2018, for example, licensed farmers in Montana grew more acreage of hemp than any other U.S. state. While other states have since eclipsed the state’s hemp production—the crop became broadly federally legal through the 2018 Farm Bill—Montana remains an industry leader.

But to make revenue, farmers have to be able to sell their crop. That’s where the new hemp marketplace comes in. The online portal is essentially a sophisticated bulletin board for buyers and sellers, split into “Hemp for Sale” and “Hemp to Buy” categories.

“With hemp being a relatively new crop grown in Montana, the department recognizes that these markets are still developing,” Department of Agriculture Director Ben Thomas said in a statement. “The Hemp Marketplace was designed to help facilitate connections between buyers and sellers. I’m looking forward to seeing how the marketplace will continue to advance the industry.”

Listings include what type of products are on offer (or being sought), whether a given crop is organic and even whether laboratory testing data is available. The portal also organizes products into one of four varieties based on whether the hemp seeds have been certified by regulators. None of the products may contain more than 0.3 percent THC—the upper limit for what qualifies as hemp under both state and federal law.

Meanwhile, Montana voters are set to decide on Tuesday whether the state will legalize hemp’s more infamous cousin, high-THC marijuana. According to a poll released this week, passage looks likely: The survey, conducted by Montana State University at Billings, found that 54 percent of likely voters plan to support legal cannabis on the ballot. Another 38 percent said they were opposed, while 7 percent remained undecided.

At the federal level, officials at the Drug Enforcement Administration are still working to revise rules around marijuana and hemp to reflect Congress’s move to legalize hemp broadly in 2018. While the public comment on the proposals closed earlier this month, nine members of Congress cautioned the agency against adopting its proposed changes, warning some could put hemp producers at risk of criminal liability. Already a number of arrests and seizures have been made by law enforcement officers confused whether products were legal hemp or illicit marijuana.

The U.S. Department of Agriculture (USDA), meanwhile, has faced separate criticism over its own proposed hemp rules, though it has been more proactive in addressing them. Following significant pushback from the industry over certain regulations it views as excessively restrictive, the agency reopened a public comment period, which closed again this month.

USDA is also planning to distribute a national survey to gain insights from thousands of hemp businesses that could inform its approach to regulating the market.

Montana Marijuana Legalization Ballot Measure Has Solid Lead In New Poll

Photo courtesy of Brendan Cleak

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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New Jersey Governor Steps Up Marijuana Legalization Push As New Ad Touts Economic Benefits Days Before Election

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With just a few days to go before Election Day, New Jersey Gov. Phil Murphy (D) is continuing to stump for marijuana legalization in that state, extolling the economic and social justice benefits he says the change would bring. His latest comments came shortly after the release of a new campaign ad focusing on legalization’s economic impact.

“We’ll build an industry, it would be a revenue-generator,” Murphy said in an interview with Yahoo Finance. “I think at first it would be modest, but ultimately will grow, I think, into several hundred million dollars in the state budget.”

“Along with social justice,” he added, “that’s a pretty good, winning combination.”

Recent polling suggests voters are mostly on board with legalization, with surveys showing upwards of 60% support for Public Question 1, a referendum to legalize and establish a commercial industry around the drug. If it passes, some lawmakers hope legal sales to adults 21 and older could begin as soon as next month, though regulators and some advocates have pushed back on the plan to start sales in existing medical cannabis dispensaries, saying that it could lead to access and supply issues for patients.

Legalization would indeed likely bring in millions of dollars to the state budget, hit hard by the coronavirus pandemic and ensuing economic downturn. But Murphy claims his chief motivation for supporting the measure is racial justice.

“When I became governor, we had the widest white–nonwhite gap of persons incarcerated, believe it or not, of any American state. The biggest reason was low-end drug offenses,” he said. “So I get there first and foremost because of social justice.”

Meanwhile, on Wednesday, one of the campaign committees behind New Jersey’s legalization effort, NJ CAN 2020, released a new 30-second ad emphasizing the economic benefits legalization could bring the cash-strapped state.

“At a time when this crisis has created challenges we all face—a budget deficit and a lack of funding for services we need—New Jersey could raise hundreds of millions of dollars to support our local schools, vital health care services and community programs, by simply voting yes on Public Question 1,” the ad says.

Earlier this week, U.S. Sen. Cory Booker (D-NJ) also filmed a video in support of the measure. Appearing in a NJ CAN campaign video released Wednesday, he said prohibition “has not been a war on drugs, but a war on people.”

“Veterans, for example, are more likely to be arrested for drug use or possession of marijuana. Instead of getting help, they’re often hurt by a system that piles upon them criminal charges for doing things that two of the last three presidents admitted to doing,” he said.

Black, Latino and low-income communities are also disproportionately targeted by enforcement of drug laws, Booker added. “We can do this as a state so much more responsibly, and instead of destroying lives we can get more resources to help to empower the well-being of all New Jerseyans.”

In other legal states, cannabis has been a rare bright spot in terms of tax revenue. Oregon, for example, saw record sales this summer even as other areas of the economy slowed. State budget analysts said last month that they expect the strong sales to continue.

“Since the pandemic began, the increase in recreational sales have been more than 30 percent above forecast,” Oregon’s Office of Economic Analysis said in a recent report. “Expectations are that some of these increases will be permanent.”

Other established markets, such as Washington state, Colorado and Nevada, have also seen “strong gains” in marijuana sales amid the pandemic, Oregon’s budget office noted.

Big money has also been flowing into New Jersey’s legalization campaign itself. A report released Thursday by the state Election Law Enforcement Commission (ELEC) shows that committees supporting the referendum have raised more than $2 million in campaign contributions. That’s compared to just $9,913 brought in by opponents.

“Assuming all available funds are spent, the marijuana ballot question already ranks eighth among the top ten most expensive public referenda in the Garden State,” ELEC Executive Director Jeff Brindle said. “Keep in mind that marijuana interests already have spent $4.1 million on lobbying between 2017 and 2019. So the industry’s overall political investment in New Jersey already has topped $6 million.”

If voters approve the referendum, lawmakers will still need to pass a bill to establish a framework for the state’s legal marijuana market. A legislative hearing to get a head start on planning was scheduled for last week, but that was canceled when a state senator leading the proposal went into quarantine after being exposed to the coronavirus.

Friday’s appearance by Murphy is the latest effort by the governor to encourage voters to back legalization. He also recorded a video that was released by NJ CAN 2020 earlier this month and recently called on voters to support the proposal in an email blast circulated by the New Jersey Democratic State Committee.

In July, Murphy described legalizing cannabis is “an incredibly smart thing to do” both from an economic and social justice perspective.

The governor isn’t alone in his attempts to get out the vote for cannabis reform. Filmmaker Kevin Smith earlier this month urged his Twitter followers to “VOTE YES when you see State Public Question Number 1: Constitutional Amendment to Legalize Marijuana.”

Also this month, the NJ CAN campaign scaled up its advertising push, releasing a series of English- and Spanish-language videos.

In June, the state Assembly passed a cannabis decriminalization bill that would make possession of up to two ounces of marijuana a civil penalty without the threat of jail time. The bill hasn’t advanced in the Senate.

Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week

Photo courtesy of Gov. Phil Murphy

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Oregon Psilocybin Ballot Measure Can Help Dying People Find Peace, Doctor Says In TV Ad

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Oregon’s first-of-its-kind ballot measure to legalize psilocybin therapy has the potential to help ease mental suffering for terminally ill people, a medical doctor says in a new TV ad for the initiative.

“I’ve worked in end-of-life care for 28 years. In hospice, we believe when people are dying, we should treat their pain—physical or mental distress,” Dr. Nick Gideonse says in the 30-second spot. “There’s often mental suffering that comes with a terminal diagnosis.”

“So I support Measure 109 to allow psilocybin therapy for terminally ill people suffering from depression. It’s humane,” he said. “Yes on 109 will help those near death come to terms with their diagnosis and find peace.”

If approved by voters, adults would be able to access the psychedelic in a medically supervised environment. There aren’t any limitations on the types of conditions that would make a patient eligible for the treatment.

A previous ad released earlier this month by the campaign featured a state senator who is also a medical doctor saying that the measure “promotes safety for a therapy that can help people who are suffering.”

That followed an independent spot by the nonprofit Heroic Hearts Project going on the air in Oregon to tout the benefits of psilocybin therapy, but it didn’t mention the specific ballot measure.

A campaign working to pass a separate measure on the Oregon ballot to decriminalize drug possession and expand substance misuse treatment also recently released a series of ads.

The Oregon Democratic Party formally endorsed both measures last month.

Meanwhile, the psychedelic reform measure has drawn opposition from an unlikely source. Decriminalize Nature, which has led efforts to pass local policies reducing criminal enforcement against psilocybin and other entheogens, has argued that it could threaten equitable access to the substance.

Rep. Earl Blumenauer (D-OR) told Marijuana Moment in January that he was in favor of the psilocybin reform proposal and that he would be working to boost the campaign as the election approaches. In August, he wrote in an email blast that passing the measure is necessary “because it tackles an important issue in our community, mental health, and it does so in an innovative and responsible way.”

Arizona Marijuana Opponents Release Five Misleading Attack Ads Ahead Of Legalization Vote Next Week

Photo courtesy of Wikimedia/Workman.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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