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Oakland Officials Decriminalize Psychedelics And Say They’ll Work To Legalize Sales Next

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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.

Congressional Lawmakers Have Little To Say About Decriminalizing Psychedelics Following Denver Victory

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.

Photo elements courtesy of carlosemmaskype and Apollo.

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.

Politics

Andrew Yang Contrasts Rampant Opioid Prescribing With Marijuana Criminalization

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Andrew Yang contrasted the widespread prescribing of opioids with the ongoing criminalization of marijuana on Wednesday.

In a tweet, the entrepreneur and 2020 Democratic presidential candidate said there were “more opiate prescriptions in the state of Ohio than people in Ohio,” yet “marijuana is still classified as a schedule 1 drug” under the federal Controlled Substances Act.

He’s brought that point up before, at a presidential debate in October. Asked about his proposed to decriminalize possession of opioids to combat the drug overdose crisis, Yang brought up the statistic and criticized the government for failing to take action against pharmaceutic companies that aggressively marketed addictive painkillers.

“If the government turned a blind eye to this company, spreading a plague among its people, then the least we can do is put a resource into work in our communities so that people have a fighting chance to get well, even though this is not a money problem,” he said at the time.

NBC News confirmed that, in 2010, federal data shows there were 102.4 opioid prescriptions in Ohio for every 100 persons. That’s decreased since then, with 2017 data showing 63.5 opioid prescriptions for every 100 persons in the state.

Yang, who supports comprehensive marijuana legalization, has also embraced other harm reduction policies. Beyond decriminalizing opioids, he said in an interview published last week that he’s in favor of providing federal funding for the establishment of safe injection facilities, where individuals can use illicit drugs under medical supervision and receive assistance getting into treatment.

Yang has not yet called for decriminalization of substances beyond opioids and cannabis, however. That policy is backed by rival contenders South Bend, Indiana Mayor Pete Buttigieg and Rep. Tulsi Gabbard (D-HI).

Sens. Bernie Sanders (I-VT) and Elizabeth Warren (D-MA) and former Housing and Urban Development Secretary Julián Castro, also presidential candidates, have called for the establishment of safe injection sites.

Killer Mike Credits Bernie Sanders For Inspiring Marijuana Legalization Movement

Photo courtesy of ABC News.

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Marijuana Legalization Bill Filed In Virginia Ahead Of Attorney General’s Cannabis Summit

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The attorney general of Virginia held a cannabis summit on Wednesday, with representatives of states that have legalized marijuana sharing their insights as lawmakers in the Commonwealth prepare to push reform legislation in the coming session.

This event came one day after a lawmaker prefiled a bill to legalize marijuana for adult use and expand the state’s existing limited medical cannabis program.

The event featured panels on marijuana decriminalization, social equity, public health, hemp, CBD and creating a pathway for eventual legalization. The goal was to answer policy questions and inform legislation, which Attorney General Mark Herring (D) hopes will start with decriminalization and expungements and later adult-use legalization.

“I don’t believe that Virginia’s current approach of criminalizing cannabis is working,” Herring said in his opening remarks. “It is needlessly creating criminals and burdening Virginians with convictions.”

“The human and social costs are enormous, in addition to the millions of dollars it costs Virginia taxpayers. And the negative consequences of the current approach fall disproportionately on African Americans and people of color,” he said. “It’s clear to me that the time for cannabis reform has come. Justice demands it. Virginians are demanding it. And I’m going to help make sure we get this right.”

Watch video of the Virginia Cannabis Summit  below: 

Representatives from Colorado and Illinois discussed law enforcement and equity in regulated marijuana markets.

The prospects of passing reform measures greatly increased in Virginia after November’s election, which saw Democrats reclaim control of both chambers of the General Assembly for the first time in decades. Herring said the timing is right to “plot a course for a smarter, fairer, more just cannabis policy” in the state.

Sen. Dave Marsden (D), co-founder of the legislature’s recently established Cannabis Caucus, said at the summit that ensuring that the legal market is equitable is paramount.

“We can’t substitute a civil process for a criminal one and not expect it to lead to disparities,” he said.

“Following several years of forming consensus around medical cannabis products, we have to be ready to take action in the upcoming legislative session to further reform our laws in this arena,” he said in a press release. “This effort will include a more robust medical cannabis program and Attorney General Herring’s summit is a big step in ensuring we are knowledgeable on the issue and prepared to do this right.”

“Virginia is ready for evidence-based reform and that is what we will provide.”

Del. Stephen Heretick (D) said the summit “is a great opportunity for me and my fellow legislators to learn from the experiences of other states as we consider how to create more fair, just, equitable, and effective cannabis laws here in Virginia.”

Decriminalization is the first proposal on the agenda when the next session starts, the attorney general said. That would fulfill a campaign promise of Gov. Ralph Northam (D), who ran on the issue in 2017 and talked about in his State of the Commonwealth address this year.

“It’s time for public policy to catch up with public opinion, and NORML applauds Attorney General Herring for his efforts to foster and advance evidence-based cannabis laws,” Jenn Michelle Pedini, executive director of Virginia NORML said. “We look forward to supporting the attorney general and the Virginia Cannabis Caucus in their work reforming marijuana laws for a safer Commonwealth.”

While Northam hasn’t voiced support for recreational legalization, Herring said last week that Wednesday’s summit is one resource that will help the state move toward comprehensive reform.

“Based on my conversations, he supports decriminalization,” Herring, who is also running for governor in 2021, said. “Like a lot of people, I think they’d like to get more information about what legalization and what regulated, adult-use would look like.”

A bill to decriminalize marijuana and make possession of up to one ounce punishable by a maximum $50 civil penalty was prefiled in the legislature last month.

This latest legalization bill, introduced by Del. Lee Carter (D), will likely be a heavier lift. It would allow adults 21 and older to possess and purchase cannabis from licensed retailers, and it would impose a 10 percent tax, revenue from which would go toward a veterans fund, transportation and local municipalities that allow marijuana businesses to operate.

“While a majority of Virginians agree with Attorney General Herring that marijuana should be legal for responsible use by adults, it may take a bit more work to convince the Virginia General Assembly to send such a bill to the governor’s desk,” Michelle Pedini told Marijuana Moment. “Todays summit is an important, and historic, step toward that goal, and NORML is proud to be a part of it.”

Vermont Should Legalize Marijuana Sales, Top Health Department Official Says

Photo courtesy of Nicholas C. Morton.

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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Thailand Prime Minister Uses Medical Marijuana At Event With Ganja Mascot

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Top officials in Thailand are getting the word out about medical marijuana—in part by distributing cartoon cannabis dolls and publicly using marijuana oils.

Prime Minister Prayut Chan-o-cha announced the launch of the government’s medical cannabis education site on Wednesday and appeared at an event alongside a person wearing a spectacled marijuana leaf costume called Dr. Ganja. Children were also present, carrying their own Dr. Ganja dolls.

Prayut argued in favor of the therapeutic use of cannabis, stating that it represents a potential treatment option for low-income people in particular. According to The Nation Thailand, he also demonstrated marijuana products, inhaling an oil and applying some to the back of his ears. The prime minister also said he plans to purchase some oils himself.

The government’s education site features information about where to find cannabis clinics, what kinds of products are available and infographics laying out basic research into marijuana.

Via MedCannabis.

Thai lawmakers have made clear their excitement about medical cannabis, with several filmed participating in a ritual dance in August to celebrate the first batch of marijuana oil.

Months after Thailand opted to legalize medical marijuana, the ruling party unveiled draft legislation in September that allows individuals to cultivate up to six cannabis plants for personal use.

GOP Senator Shares Photo Of His Dad Harvesting Hemp Decades Ago

Photo courtesy of Bhumjaithai Party.

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