Oakland, California may become the first city in the United States to legalize the distribution and sale of psychedelic drugs, including psilocybin mushrooms and ayahuasca, in a way similar to how the city was the first to normalize commercial medical marijuana sales.
Much has to happen before that broader drug policy reform becomes a reality, but the Oakland City Council took a decisive first step on Tuesday when it voted 6 to 0 to approve a measure decriminalizing the possession of “entheogenic” plant- and fungi-based substances, also including mescaline and ibogaine.
Such plants have therapeutic potential in treating mental health conditions like addiction, anxiety and post-traumatic stress disorder, according to a slowly but steadily growing chorus of researchers and experts, but access to patients remains risky illegal behavior under current federal and state laws prohibiting them.
Under the terms of the unanimously approved Oakland resolution, “entheogenic plant practices,” including ayahuasca ceremonies and the consumption of mushrooms, are now “amongst the lowest priority” for law enforcement, and “any city funds or resources to assist in the enforcement of laws imposing criminal penalties” for adult use and possession is restricted.
In the immediate term, Decriminalize Nature Oakland, which led the charge to build support for the measure, will run similar campaigns in other California cities. The first will be next door in Berkeley, said Larry Norris, a cofounder of Decriminalize Nature.
“People see this, they can see we brought a community out, we made a resolution happen,” he told Marijuana Moment.
Lawmakers heard more than an hour of very personal, often emotional testimony from dozens of advocates who claimed the plants in questions solved addiction and other life-threatening conditions.
“I was homeless. I was hopeless. I hated myself,” said Christopher Laurance, who said “one experience” with ibogaine helped him overcome an addiction to heroin.
Similar “lowest priority ordinances” singularly focused on marijuana have preceded the establishment of licensed cannabis cultivation and sales in Oakland and other cities.
And last month, voters in Denver narrowly approved a ballot initiative that also decriminalized psilocybin mushrooms, but not the other naturally derived substances included in the Oakland plan.
Now that local lawmakers have made the initial move of decriminalizing psychedelics, the way is clear for advocates to begin building toward the next step: legal and reliable access.
Councilmember Noel Gallo, the sponsor of the decriminalization measure approved on Tuesday, told Marijuana Moment in an interview that lawmakers can now “establish a process” similar to what occurred with cannabis.
That would possibly require action via the statewide ballot.
Last year, proponents of a California legalization initiative that sought to legalize hallucinogenic mushrooms for adults 21 and over failed to collect enough signatures to qualify the measure for a vote.
But other advocates are already working to place a psilocybin decriminalization initiative on the California statewide ballot in 2020, and now they’ll be working with the momentum picked up from Oakland’s successful vote.
Gallo voiced support for such an effort on Tuesday. But for now, at the municipal level, what was likely to have been the chief obstacle—resistance from law enforcement—seems mostly sorted, Gallo said.
“The police have agreed” in principle to the far-reaching moves, Gallo said before Tuesday’s City Council meeting, with some caveats.
It didn’t hurt that law enforcement reported only a handful of arrests for possessing hallucinogenic plants over the past decade, according to testimony given before a successful first decriminalization vote at a Public Safety Committee hearing last week—and it’s also helpful that there does not appear to be a violence-inducing, for-profit illicit trade in the substances.
The lone voice of caution at last week’s hearing, Councilmember Loren Taylor, introduced a series of amendments intended to “mitigate” any negative impacts. Among them: A disclaimer that entheogenic plants “are not for everyone”—particularly people with personal or family histories of schizophrenia or bipolar disorder—and exceptions to the lowest-priority ordinance for anyone driving while under the influence of the plants, possessing them in schools or “causing a public disturbance.”
Still, not all is completely copacetic. “There are some plants that the police say are way out there” and not appropriate for decriminalization, Gallo said, without specifying which species they have in mind.
“Now,” he added, “we have to agree on what’s being regulated and identify a pathway for distribution and sales. Like with marijuana, we have to establish a process.”
The details will require more legislating but, if cannabis is any precedent, it would look something like this: With possession decriminalized, psychedelic plants will become generally easier to obtain. The permissive atmosphere might allow for private “clubs,” like the storefronts that sold recreational cannabis under Measure Z, a lowest-priority law for marijuana that Oakland voters approved in 2004.
Once those sorts of operations are up and running, the path towards some kind of regulated commercial retail sales of psychedelic plants is at least visible, if not open.
“Oakland was the first city in the nation to legalize, tax, and regulate cannabis sales,” City Council President Rebecca Kaplan, who was also that measure’s author, told Marijuana Moment. Thus, doing something similar with entheogenic plants at least has precedent.
In addition to the local and statewide efforts in California, Oregon activists are currently collecting signatures to place a 2020 measure to legalize the medical use of psilocybin and otherwise lower penalties for the substance before voters. And in Iowa, a Republican state lawmaker has introduced a mushroom-related bill in the state legislature.
This story has been updated to reflect that the vote tally was 6 to 0 and not 8 to 0 as initially reported. Two Council members were not present for the vote.
Congress Votes To Block Feds From Enforcing Marijuana Laws In Legal States
The House of Representatives approved a far-reaching measure on Thursday to prevent the Department of Justice from interfering with state marijuana laws, including those allowing recreational use, cultivation and sales.
The amendment, which also shields cannabis laws in Washington, D.C. and U.S. territories, is now attached to a large-scale appropriations bill to fund parts of the federal government for Fiscal Year 2020.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Watch Live: Congressional Committee Discusses Medical Marijuana And Military Veterans
A congressional committee held a hearing on four bills that concern veterans and medical marijuana on Thursday.
The House Veterans’ Affairs Committee discussed one piece of legislation that would allow doctors at the U.S. Department of Veterans Affairs (VA) to issue medical cannabis recommendations in states where it’s legal. That bill was introduced by Rep. Earl Blumenauer (D-OR).
The panel also took up a bill sponsored by Rep. Lou Correa (D-CA) that would require VA to conduct clinical trials on the therapeutic potential of cannabis in the treatment of conditions such as post-traumatic stress disorder and chronic pain.
“The men and women that I meet back home vouch for the therapeutic benefits of medical cannabis and support further research into the issue,” Correa said in testimony prepared for the hearing. “The legislation provides a framework for that research to ensure a scientifically-sound study on the issue.”
“Cannabis must be objectively researched. Period,” Rep. Mark Takano (D-CA), chair of the committee, said in support of the legislation. “Medicinal cannabis may have the potential to manage chronic pain better than opioids and treat PTSD.”
Rep. Phil Roe (R-TN), ranking member on the committee, agreed that VA should be studying the therapeutic potential of cannabis for veterans but complained that the proposed bill is excessively prescriptive. The congressman, who introduced a similar piece of legislation in January, said lawmakers shouldn’t “be telling the scientists how to design their studies.”
Other legislation that came up for consideration was a bill from Rep. Seth Moulton (D-MA), a 2020 presidential candidate, that would provide training on medical cannabis for VA health practitioners.
Finally, the committee heard testimony on another Moulton proposal that would require VA to conduct a survey to “measure cannabis use by veterans.”
Watch the hearing below:
Witnesses who testified before the committee include Adrian Atizado, deputy national legislative director of Disabled American Veterans (DAV), Travis Horr, director of government affairs with Iraq and Afghanistan Veterans of America (IAVA) and Carlos Fuentes, director of national legislative service for Veterans of Foreign Wars (VFW).
The VFW representative said the organization supports all but one of the cannabis bills. While the group agrees with the intent of allowing VA doctors to recommend cannabis, it “believe it is unacceptable for VA providers to recommend a treatment that they are unable to provide veterans and force patients to pay for the full cost of such care.”
"VA must expand research on the efficacy of non-traditional alternatives to opioids, such as medicinal cannabis and other holistic approaches. " #VFWTestimony
— VFW National HQ (@VFWHQ) June 20, 2019
DAV voiced support for legislation requiring VA to study medical cannabis and also to survey veterans on their marijuana usage.
“DAV supports @DeptVetAffairs research on conditions related to military service and effective treatments to help #veterans recover, rehabilitate and improve the overall quality of their lives…many veterans report the use of medicinal #cannabis for these purposes is beneficial.” pic.twitter.com/29C9WCw0Di
— DAV National HQ (@DAVHQ) June 20, 2019
And IAVA came out in strong support for the research bill. In testimony, the group said that “without research done by VA surrounding cannabis, veterans will not have conclusive answers to ways cannabis might aide their health needs. This is unacceptable.”
“VA houses some of the most innovative and best-in-class research this country has to offer. It should not be shutting its doors on a potentially effective treatment option because of politics and stigma,” the group said. “Our nation’s veterans deserve better.”
Larry Mole, chief consultant of population health services at the federal Veterans Health Administration, testified that VA opposes all four of the cannabis bills.
He expressed concerns that VA doctors would be penalized if they recommend medical cannabis, that the research requirement would be excessively onerous and that VA is already studying marijuana, that VA doctors already have access to training materials on the subject and that the proposed anonymous survey would require veterans to disclose information that could make them identifiable.
“The legislation would prescriptively define how the surveys would be conducted, but it does not provide the purpose, goals, or objectives for the surveys,” he said. “We have significant concerns that veterans will not want to participate, despite the survey being anonymous.”
Several committee members pressed Mole on VA’s current research efforts, noting the widespread support among veterans to study the medicinal benefits of marijuana.
Rep. Mike Levin (D-CA) said that he meets with veteran constituents each week and asked the VA representative, “[w]hat am I to tell them when they ask when is this [research] actually going to happen?”
“When is this research going to occur? When is the VA going to listen to the 92 percent of veterans across all political stripes and ideologies that want to see this done?” he said.
Mole pointed to the single ongoing VA clinical trial that just recently recruited its first participant focusing on the benefits of CBD for post-traumatic stress disorder. He encouraged Levin to tell his constituents to look up the study and apply to participate if they were interested.
Rep. Andy Barr (R-KY) characterized the VA’s study as “a baby steps approach” to the issue given that CBD alone isn’t representative of the products that veterans are using in the commercial market.
After the House Veterans’ Affairs Subcommittee on Health held a hearing on several of the cannabis proposals in April, the full committee was set to vote on two marijuana measures last month. That hearing was cancelled, however.
Blumenauer is also pursuing cannabis reform for veterans through a different vehicle: an appropriations bill that’s being debated on the House floor this and next week. He introduced an amendment that would prohibit VA from “interfering with a veteran’s participation in a state medical cannabis program, denying a veteran who participates in a state medical cannabis program from being denied VA services, and interfering with the ability of VA health care providers to recommend participation in state medical cannabis programs.”
This was the second congressional committee hearing on marijuana-related issues this week. On Wednesday, the House Small Business Committee met to discuss challenges and opportunities for entrepreneurs in the emerging cannabis industry.
This story has been updated to include additional testimony from witnesses.
House Passes Amendments Stripping DEA Funding And Pushing FDA To Regulate CBD
Two drug policy amendments cleared the House of Representatives on Thursday, building on reform victories in the chamber the day before.
One measure addresses funding for the Drug Enforcement Administration (DEA) and the other would direct the Food and Drug Administration (FDA) to establish regulations for adding CBD to foods and dietary supplements.
The first amendment, introduced by Rep. Alexandria Ocasio-Cortez (D-NY), would transfer $5 million from the DEA to an opioid treatment program. It passed without opposition on a voice vote and is now be attached to the House version of a large-scale spending bill, but it remains to be seen how the Senate will set funding levels for the agency in its own version of the funding legislation.
“I offer this amendment because ending the war on drugs has to mean changing our priorities in order to keep all communities safe and healthy,” Ocasio-Cortez said. “The best way we do that is by offering people the help and support they need before arrest and criminalization should be considered in the first place.”
She added that the DEA is still receiving $2.36 billion in funding, which is $90 million higher than was appropriated for the last fiscal year. It’s also about $78 million higher than President Trump requested in his budget.
Rep. Jose Serrano (D-NY), the chairman of an appropriations subcommittee that handles Justice Department funding, rose in support of the amendment, stating that opioids “are a serious threat to the health and wellbeing of our communities, and we must do everything we can to combat this epidemic.”
Michael Collins, director of national affairs for the Drug Policy Alliance, told Marijuana Moment that the successful vote “should send a message to the DEA—it’s not business as usual anymore.”
“We want to end the drug war and we will fight for it. We will drain you dollar-by-dollar, cent-by-cent, if that’s what it takes,” he said.
Rep. Robert Aderholt (R-AL) claimed time designated for the opposition on the floor but said he supports the amendment. The congressman did note, however, that funding for opioid abuse prevention grants has increased by 360 percent since 2017 and that “we want to work with both sides to make sure we have the appropriate funds necessary to make sure we fight this opioid addiction that has taken over so many parts of the country.”
In closing, Ocasio-Cortez said “just as the epidemic is exploding so should our commitment to address this problem.”
“We have overfunded one agency and we should move that to make sure that we are getting people the care they need,” she said.
Dan Riffle, senior counsel and policy advisor in Ocasio-Cortez’s office told Marijuana Moment that the amendment is “a good start, but it’s not enough.”
“Every dollar we waste trying and failing to reduce supply is a dollar that should be spent on treatment and demand reduction,” he said.
This is the second drug policy amendment the freshman congresswoman has introduced that’s been brought to the House floor. However, her earlier proposal, which was meant to lift barriers to research for psychedelic substances such as psilocybin and MDMA, was rejected when it came up for a vote as part of separate appropriations legislation last week.
The FDA amendment, introduced by Rep. Jerry McNerney (D-CA), was approved as part of an en bloc voice vote combining other relatively noncontroversial measures and it did not receive debate on the floor. The measure aims to resolve a problem that the FDA has repeatedly raised since hemp and its derivatives were federally legalized under the 2018 Farm Bill.
Because CBD exists as an FDA-approved drug and has never been allowed in the food supply before, the agency’s former commissioner said Congress may have to pass separate legislation to provide for its lawful marketing.
The amendment’s description directs FDA to “undertake a process to make lawful a safe level for conventional foods and dietary supplements containing cannabidiol (CBD) so long as the products are compliant with all other FDA rules and regulations.”
Two other drug policy amendments were debated in the chamber on Wednesday. A measure that would block the Justice Department from using its funds to intervene in state marijuana laws was approved on a voice vote but still needs to pass in a recorded vote; another that extends similar protections to tribal cannabis programs passed without a request for a recorded vote.
This story was updated to include comment from Riffle.
Photo courtesy of Philip Steffan.