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.
USDA Approves Hemp Plans For Texas, Nebraska And Delaware
The U.S. Department of Agriculture (USDA) announced on Monday that it has approved hemp regulatory plans for three more states and four additional Indian tribes.
This is the latest in a series of approvals that USDA has doled out since the crop and its derivatives were federally legalized under the 2018 Farm Bill. Texas, Nebraska and Delaware—in addition to the Colorado River Indian Tribes, the Fort Belknap Indian Community, the Iowa Tribe of Kansas and Nebraska and the Yurok Tribe—each had their regulatory plans cleared.
“USDA continues to receive and review hemp production plans from states and Indian tribes on an ongoing basis,” the department said in a notice. “Plans previously approved include those for the states of Louisiana, New Jersey, and Ohio, and the Flandreau Santee Sioux, Santa Rosa Cahuilla, and La Jolla Band of Luiseno Indian Tribes.”
While hemp is no longer a federally controlled substance, farmers interested in cultivating and selling the crop must live in a jurisdiction where USDA has approved a proposed regulatory scheme. The process was outlined in an interim final rule USDA published late last year. If a state or tribe does not have, or plan to propose, regulations for hemp, cultivators can apply for a USDA license instead.
“This is a victory for Texas farmers,” Texas Agriculture Commissioner Sid Miller said in a statement. “We are one step closer to giving our ag producers access to this exciting new crop opportunity.”
“We’ve got to get our rules approved and get our licensing program up and running, but the dominoes are dropping pretty quick,” he said. “We’re almost there.”
Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment that “Texas has the potential to be the largest supplier of hemp in the U.S., providing farmers with an unprecedented opportunity.”
“With approval from the USDA and the Texas Department of Agriculture already moving forward with establishing licensing standards, it’s refreshing to see our government paving the way for legal cannabis cultivation in Texas,” Fazio said.
While lawmakers and industry stakeholders have widely celebrated USDA’s commitment to implementing hemp legalization, it has also received a significant amount of pushback over proposed rules such as THC limits and laboratory testing requirements. A public comment period for the department’s interim rule ends on Wednesday.
USDA maintains a website that tracks the status of state and tribal hemp plans.
Monday’s announcement sends another signal to the hemp industry that the federal government is committed to supporting the market and ensuring that farmers have the resources they need to see their businesses thrive since the crop was legalized.
That said, one of the most lucrative market opportunities that hemp farmers are hoping to take advantage of is the widespread interest in hemp-derived CBD products. The Food and Drug Administration (FDA) has jurisdiction over rules for marketing CBD, and the agency has made clear that the process may take several years without congressional action.
Earlier this month, a bipartisan coalition of lawmakers set out to do just that, filing a bill that would require FDA to allow CBD products to be sold as dietary supplements.
Photo courtesy of Brendan Cleak.
Mexico’s President Says A New Marijuana Panel Will Make Legalization Recommendations
The president of Mexico said on Monday that a government panel is being formed in order to make recommendations for a legal marijuana system in the country.
While he didn’t offer many details about the commission, President Andrés Manuel López Obrador said it will be focused on studying public health aspects of legalization.
“A group is going to be formed to decide what will happen about that with a public health approach. We are about to comply with the recommendation of the Supreme Court,” the president said during a press conference, according to a translation of his remarks, referencing a 2018 ruling that deemed the prohibition of cannabis for personal use unconstitutional.
Watch López Obrador’s marijuana comments, around 1:43:45 into the video below:
Asked to weigh in on the argument that regulating drugs like cannabis could combat cartels, the president said “we are analyzing this possibility” and went on to describe the state of play on legislation to legalize marijuana.
Since the court ruling, legislators have spent months discussing and drafting marijuana reform legislation to create a commercial cannabis market. Several Senate committees produced a comprehensive legalization bill last year, which advocates hoped would get a vote before the court’s October 2019 deadline to change the country’s marijuana policy, but that didn’t pan out.
The court granted lawmakers a deadline extension to end prohibition by April 30 of this year.
“We are about to fulfill this recommendation of the [Supreme Court] so that it becomes law,” he said. “We are going to process it, we are working on that—I think it will move forward. A group will be formed to decide what to do about this, basically.”
An amended reform bill, jointly submitted by the Justice and Health Committees, started circulating earlier this month. It would legalize possession of up to 28 grams, or 200 grams for those who obtain a certain license. Individuals would also be able to cultivate up to six plants.
“We have to review it well, of course, all with the public health approach, always with that approach, and taking into account the changes that are taking place,” the president said. “This is being analyzed.”
Sen. Ricardo Monreal Ávila of the ruling MORENA party stressed that the legislation isn’t final, but it’s a step in the right direction. He said he’ll be meeting with Interior Secretary Olga Sánchez Cordero and Julio Scherer, a legal advisor to the president, this week to discuss cannabis reform legislation.
Monreal, who included marijuana legalization in a list of legislative priorities this month, said he expects lawmakers to pass reform legislation ahead of the April deadline.
Advocates Push Back On Secretly Recorded Trump Claim That Marijuana Use Lowers IQ
Marijuana reform advocates are hitting back at President Trump’s suggestion that cannabis use makes people lose IQ points.
“In Colorado they have more accidents,” the president said of the first state to legalize cannabis for adult use. “It does cause an IQ problem.”
The comments were revealed over the weekend in a surreptitiously recorded video captured in April 2018 by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is involved in the Ukraine scandal that led to the president’s impeachment.
But when it comes to cannabis’s impact on intelligence, Trump has it wrong, according to the National Institute on Drug Abuse, which determined based on longitudinal twin studies that there is not “a causal relationship between marijuana use and IQ loss.”
In interviews with Marijuana Moment on Monday, legalization advocates expressed frustration that the president perpetuated the prohibitionist talking point.
“Trump’s remarks simply reveal that he is out of touch, given that the majority of Americans support marijuana legalization for both medical and adult use,” Sheila Vakharia of the Drug Policy Alliance said. “This type of rhetoric is fear-mongering and inflammatory.”
“The evidence is clear from the dozens of states that have legalized medical and adult use—the sky isn’t falling and the kids are alright,” she said.
Erik Altieri, executive director of NORML, said that “what truly causes a decline in an individual’s intelligence is adhering to false Reefer Madness rhetoric that flies in the face of available science.”
“If President Trump truly believes that responsible marijuana use by adults leads to a loss of IQ points, we suggest he immediately consults his physician to see if he is suffering from this affliction or at the very least consults the wide body of available research that debunks this old talking point,” he told Marijuana Moment.
Listen to Trump talk about marijuana, about 45:30 into the video below:
But while the president’s IQ claim came as a disappointment, there were other aspects of the secretly recorded dinner conversation concerning that cannabis reform advocates see as positive.
For example, Trump seemed surprised to hear that state-legal marijuana businesses don’t have access to traditional financial services, which Parnas described as “the biggest problem” in the industry.
“Cannabis, look, you’re talking about marijuana, right? You can’t do banking there?” the president said, adding that the issue is “all working out. That whole thing is working out.”
“I don’t know if that’s a good thing or a bad thing,” he said.
Trump, who has previously voiced support for allowing states to set their own marijuana policies, also asked others at the dinner table whether they believe “the whole marijuana thing is a good thing” and whether the plant is “actually good for opioids.”
One person said cannabis is a “better alternative” to prescription opioids, and Donald Trump Jr. noted that “alcohol does much more damage” than marijuana and that “you don’t see people beating their wives on marijuana. It’s just different.”
Morgan Fox, media relations director for the National Cannabis Industry Association, told Marijuana Moment that it’s “pretty frustrating that the president, like many others, has been misled by ‘Just Say No’ propaganda into believing the disproven idea that cannabis consumption decreases intelligence.”
“However, this clip suggests that he is in a fairly good position or at least heading towards one on the issue overall,” he said. “I think it is pretty clear that he understands that prohibition is a failure from an economic standpoint, that states should be free from federal interference, and that reform could help with the opioid epidemic.”
“His statements regarding access to banking suggest that he would be willing to sign cannabis banking reform legislation that crosses his desk. Generally, it is very heartening to see that the administration is having substantive conversations about it, and we welcome the opportunity to continue this discussion with the president to make sure he recognizes the urgency of reform and has the facts.”
Later in the recording, Parnas made the case that Trump should embrace marijuana reform ahead of the 2018 midterm elections to attract young voters and get “ahead of” the issue.
“It’s so far out you’re not going to stop it,” he said. “I think you need to be ahead of it.”
Parnas pitched the idea of establishing a “bipartisan committee” with “no politicians” to independently explore possible policy changes and make recommendations to the administration. The president didn’t directly reply.
While Trump didn’t take up the suggestion to take the lead on cannabis prior to the 2018 election in which Republicans lost control of the House of Representatives, Don Murphy, director of federal policies at the Marijuana Policy Project, said it’s not too late for him to act.
The president “has an opportunity to make the history books undoing a war he inherited, waged against Americans—African Americans in particular—literally for generations,” he said.
“Even his predecessor continued that same failed policy, throwing even more people in prison. Not only that, he has a chance to out flank every Democratic candidate in the field,” Murphy told Marijuana Moment, referring to the Obama administration’s rejection of petitions to reclassify cannabis under federal law. “He would be remembered as our greatest criminal justice reformer in history.”
Photo courtesy of Wikimedia.