Connect with us

Politics

Oregon Officials Explain How Decriminalized Drugs And Legal Psilocybin Therapy Would Impact The State

Published

on

Oregon officials finalized a series of analyses this week on separate ballot measures to legalize psilocybin mushrooms for therapeutic use and decriminalize drugs while investing in substance misuse treatment.

The Oregon Criminal Justice Commission determined that the decriminalization initiative would reduce felony and misdemeanor convictions for drug possession by 91 percent, and that reduction would be “substantial for all racial groups, ranging from 82.9% for Asian Oregonians to approximately 94% for Native American and Black Oregonians.”

Overall, the policy change would result in a 95 percent drop in racial disparities for possession arrests, the panel projects.

“The CJC estimates that IP 44 will likely lead to significant reductions in racial/ethnic disparities in both convictions and arrests.”

The conviction estimate was included in the panel’s draft analysis first released last month, but the final version was expanded to include the arrest data as well. The new document also notes that “disparities can exist at different stages of the criminal justice process, including inequities in police stops, jail bookings, bail, pretrial detention, prosecutorial decisions, and others”—a point that activists hoped the panel would include.

That said, the commission noted it “lacks sufficient or appropriate data in each of these areas and therefore cannot provide estimates for these other stages.”

The new report, published on Wednesday, cites research indicating that the resulting “drop in convictions will result in fewer collateral consequences stemming from criminal justice system involvement, which include difficulties in finding employment, loss of access to student loans for education, difficulties in obtaining housing, restrictions on professional licensing, and others.”

The decriminalization proposal was the first ballot initiative in the state’s history to receive a report on the racial justice implications of its provisions under a little-utilized procedure where lawmakers can request such an analysis.

This information will be included in a voter pamphlet as a factual statement from the secretary of state’s office.

“Our current drug laws can ruin lives based on a single mistake, sticking you with a lifelong criminal record that prevents you from getting jobs, housing and more,” Bobby Byrd, an organizer with the More Treatment, A Better Oregon campaign, said in a press release.

Both the psilocybin therapy and drug decriminalization measures also received final explanatory statements and fiscal impact statements this week.

For the therapeutic psilocybin legalization initiative, the Financial Estimate Committee said that it projects the measure will have an impact of $5.4 million from the general fund during the two-year development period. After the program is established, it will cost $3.1 million annually, “which will be covered by the fees and tax funds for the administration and enforcement of the Act.”

The explanatory statement says the measure “directs the Oregon Health Authority to regulate the manufacture, delivery, purchase, and consumption of psilocybin, a psychoactive component found in certain mushrooms, at licensed psilocybin service centers” and that a “person would be allowed to purchase, possess, consume, and experience the effects of psilocybin only at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

It also describes an initial two-year development period during which officials will research and make recommendations on “the safety and efficacy of using psilocybin to treat mental health conditions,” after which time the new law will allow “a client who is at least 21 years of age to purchase, possess, consume, and experience the effects of psilocybin at a licensed psilocybin service center during a psilocybin administration session with a licensed psilocybin service facilitator.”

Sam Chapman, campaign manager for the psilocybin initiative, told Marijuana Moment that the group is “satisfied with the explanatory statement and believe it captures the thoughtful approach we took that led to psilocybin therapy being on the ballot this November.”

“Specifically, we were happy to see the regulations and safeguards that are built into the measure highlighted in the explanatory statement,” he said. “We also believe that the fiscal committee saw and respected our approach to keep the psilocybin therapy program revenue neutral once up and running.”

The drug possession decriminalization measure is expected to cost $57 million annually, according to state officials, but it will be covered by marijuana tax revenue, which is “estimated at $61.1 million in 2019-21 and $182.4 million in 2021-23” and would therefore be “sufficient to meet this requirement.” Cannabis revenue to cities and counties would be reduced under the measure.

The reform would also save money through reduced drug enforcement. “These savings are estimated at $0.3 million in 2019-21 and $24.5 million in 2021-23,” the analysis says. “This will reduce revenue transferred from the Department of Corrections for local government community corrections by $0.3 million in 2019-21 and $24.5 million in 2021-23. The savings are expected to increase beyond the 2021-23 biennium.”

The initiative “mandates the establishment of at least one addiction recovery center in each existing coordinated care organization service area in the state,” the separate explanatory statement says, and describes how they would be funded with marijuana tax revenue.

“The measure eliminates criminal penalties for possession of specified quantities of controlled substances by adults and juveniles,” it says. “Instead, possession of these specified quantities of controlled substances becomes a non-criminal Class E violation for which the maximum punishment is a $100 fine or completion of a health assessment with an addiction treatment professional.”

Here’s a status update on other 2020 drug policy reform campaigns across the country: 

A measure to effectively decriminalize a wide range of psychedelics has officially qualified for the November ballot in Washington, D.C.

Montana activists said last month that county officials have already certified that they collected enough signatures to place two marijuana legalization measure on the state ballot, though the secretary of state’s office has yet to make that official.

In Arizona, the organizers of a legalization effort turned in 420,000 signatures to qualify for the ballot last month.

Organizers in Nebraska last month submitted 182,000 signatures in an attempt to put a medical marijuana measure on November’s ballot.

Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a recent U.S. Supreme Court ruling against the other group, hopes are dashed.

Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.

Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.

Read the full state analysis of the Oregon drug decriminalization and psilocybin therapy measures below:

Oregon Drug Decrim And Psil… by Marijuana Moment on Scribd

Texas Lawsuit Challenges State’s New Ban On Smokable Hemp

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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Marijuana Bill Up For House Vote Could ‘Reverse’ Federal-State Policy Gap, Congressional Research Service Says

Published

on

A bill to federally legalize marijuana that is scheduled for a House vote next week could “reverse” the current cannabis policy gap that exists between states and the federal government, a new Congressional Research Service (CRS) report says.

In an analysis of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act that was published on Wednesday, CRS described the various complications resulting from ongoing federal prohibition as more states opt to legalize cannabis for medical or recreational purposes. The research agency said the legislation could inadvertently create a new schism where federal policy would be more progressive than those of certain states.

That’s because the bill does not require states to stop criminalizing cannabis, and so jurisdictions with prohibition still on the books could continue to punish people over marijuana even as such activity is legalized at the federal level.

“If the MORE Act became law, it could create a new divide between federal and state law—essentially the reverse of the current marijuana policy gap, since federal marijuana law would become less strict than some state laws,” CRS wrote. “The MORE Act could also highlight the inconsistency between marijuana laws in different U.S. jurisdictions by repealing the uniform federal prohibition and leaving in place a patchwork of varying state laws.”

The MORE Act, whose lead sponsor is Judiciary Committee Chairman Jerrold Nadler (D-NY), would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

The legislation 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.

“Congress may be content to allow states to experiment with varying approaches to marijuana regulation,” CRS said. “In the alternative, Congress might prefer a more uniform approach, whether that approach is to criminalize or decriminalize marijuana, or something in between. However, while Congress can pass legislation creating a uniform federal policy, there are limits to its ability to affect state law.”

The agency said that while lawmakers lack the “constitutional authority to alter state criminal law,” they could “preempt state law through Commerce Clause legislation” or “encourage states to change their laws through the use of the spending power.”

To that end, while the MORE Act does not create a federal regulatory structure for cannabis or force states to change their own laws, it does include provisions that incentivize the adoption certain local reform policies. For example, it offers federal funding for “eligible states” that take steps to expunge prior cannabis convictions and stop penalizing people on parole for marijuana-related offenses.

“Congress could also invoke its spending power to encourage states to regulate marijuana more stringently, and has previously used the spending power to shape drug policy in targeted ways,” CRS said.

These and other considerations will likely be the subject of significant debate when the House takes up the MORE Act next week.

House Majority Leader Steny Hoyer (D-MD) announced on Friday that the bill will be taken on the floor as soon as Wednesday.

He had previously said this summer that the chamber would vote on the legislation in September, but that plan was postponed following pushback from certain centrist Democrats who worried about the optics of advancing cannabis reform before passing another coronavirus relief package.

The bill cleared Nadler’s more than a year ago and has been awaiting floor action since.

Even if the far-reaching reform does pass in the Democratic-controlled chamber, as it’s expected to with some bipartisan support, it remains unlikely that the Senate will follow suit, at least during this Congress. Majority Leader Mitch McConnell (R-KY) is a champion of the hemp industry but staunchly opposes further marijuana reform.

Even so, a symbolic vote for legalization could send a strong signal to the incoming Biden administration. Vice President-elect Kamala Harris (D-CA) is the lead Senate sponsor of the MORE Act, but she’s indicated she will not necessarily proactively push the former vice president to evolve further on cannabis reform.

Given 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.

That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”

For what it’s worth, Rep. Earl Blumenauer (D-OR) told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.

CRS, in its new report, also discussed broader drug policy reform efforts taking place at the state level and locally, such as Oregon’s recent vote to decriminalize possession of all currently illicit drugs. The agency noted moves to decriminalize psychedelics specifically in Washington, D.C., too.

These “current trends suggest that there may be a broader movement toward decriminalizing controlled substances,” CRS said. “Comprehensively addressing such changes is outside the scope of the MORE Act, but Congress may wish to monitor developments in this area when considering future legislation.”

Mexico’s President Says Legal Marijuana Is About Freedom, As Legislation Advances In Congress

Photo courtesy of Brian Shamblen.

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.
Continue Reading

Politics

Federal Marijuana Legalization Bill Will Get A Congressional Vote Next Week, Leader Announces

Published

on

A bill to federally legalize marijuana will receive a full floor vote in the U.S. House of Representatives next week, a top Democratic leader in the chamber announced on Friday.

House Majority Leader Steny Hoyer (D-MD) said the chamber will take up the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act some time between Wednesday and Friday. The floor schedule announcement comes weeks after the leader first confirmed that the House would advance the proposal before the year’s end.

Early in the week, the bill is first expected to go before the House Rules Committee, which prepares legislation for floor action and decides which amendments can be made in order for consideration by the full body.

Hoyer previously said that the chamber would vote on the legislation in September, but that plan was postponed following pushback from certain centrist Democrats who worried about the optics of advancing cannabis reform before passing another coronavirus relief package. Several moderates ended up losing their reelection races this month on the same dat that voters in several red states approved legalization measures, however, raising questions about their strategic thinking on the politics of marijuana.

“I’ve been working on this issue longer than any politician in America and can confidently say that the MORE Act is the most comprehensive federal cannabis reform legislation in U.S. history,” Rep. Earl Blumenauer (D-OR) said in a press release. “Our vote to pass it next week will come after people in five very different states reaffirmed the strong bipartisan support to reform the failed cannabis prohibition. National support for federal cannabis legalization is at an all-time high and almost 99 percent of Americans will soon live in states with some form of legal cannabis.”

“Congress must capitalize on this momentum and do our part to end the failed policy of prohibition that has resulted in a long and shameful period of selective enforcement against communities of color,” he said.

The House approving the bill during the presidential transition could also raise the pressure on President-elect Joe Biden to embrace legalization—a policy he’s declined to adopt despite supermajority support among Democratic voters.

As currently written, the MORE Act, whose lead sponsor is Judiciary Committee Chairman Jerrold Nadler (D-NY), would federally deschedule cannabis, expunge the records of those with prior marijuana convictions and impose a federal five percent tax on sales, revenue from which would be reinvested in communities most impacted by the drug war.

The legislation 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.

All of those provisions are subject to change through amendments over the coming week.

“This floor vote represents the first congressional roll call ever on the question of ending federal marijuana criminalization,” NORML Political Director Justin Strekal told Marijuana Moment. “By advancing the MORE Act, the House of Representatives sends an unmistakable signal that America is ready to close the book marijuana prohibition and end the senseless oppression and fear that this failed policy wreaks on otherwise law-abiding citizens.”

“Americans are ready to responsibly legalize and regulate marijuana, and this vote shows some lawmakers are finally listening,” he said.

The bill cleared Nadler’s more than a year ago and has been awaiting floor action since.

Even if the far-reaching reform does pass in the Democratic-controlled chamber, as it’s expected to with some bipartisan support, it remains unlikely that the Senate will follow suit, at least during this Congress. Majority Leader Mitch McConnell (R-KY) is a champion of the hemp industry but staunchly opposes further marijuana reform.

Even so, a symbolic vote for legalization could send a strong signal to the incoming Biden administration. Vice President-elect Kamala Harris (D-CA) is the lead Senate sponsor of the MORE Act, but she’s indicated she will not necessarily proactively push the former vice president to evolve further on cannabis reform.

Given 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.

That said, the president-elect has conceded that his work on punitive anti-drug legislation during his time in Congress was a “mistake.”

For what it’s worth, Rep. Earl Blumenauer (D-OR) told Marijuana Moment in August that “the Biden administration and a Biden Department of Justice would be a constructive player” in advancing legalization.

Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

Image element courtesy of Tim Evanson.

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.
Continue Reading

Politics

Two-Track Effort To Allow Psychedelic Mushrooms In Washington State Launches Amid Broader Drug Decrim Push

Published

on

Drug reform advocates won big in Oregon this year, with separate ballot measures to decriminalize possession of all drugs and legalize psychedelic mushrooms for therapeutic use passing on Election Day. Now organizers are setting their sights on similar reforms next door in Washington State with two newly announced efforts.

One seeks to utilize existing administrative mechanisms to expand access to psilocybin mushrooms for therapeutic use by patients in end-of-life care. The other, a proposed ballot initiative on track for 2022, would put Washington on par with Oregon, decriminalizing small-scale possession of all drugs and legalizing mushrooms for broader therapeutic use.

These efforts come after advocates already announced a separate plan to lobby lawmakers to pass a bill decriminalizing all drugs in 2021.

A healthcare professional is behind the first new psilocybin push via the administrative route. Dr. Sunil Aggarwal, a Seattle physician who specializes in end-of-life care, is hoping to win permission from state and federal regulators to cultivate psilocybin mushrooms and use them to treat patients.

“We know that it’s a naturally occurring substance that we can cultivate safely, we know how to dose it, and there’s really good reason to believe it can help,” Aggarwal said of psilocybin, the main active ingredient in entheogenic mushrooms.

Aggarwal and his clinic, the Advanced Integrative Medical Science Institute, hope to secure legal access to psilocybin for end-of-life patients under state and federal laws that allow patients with terminal diseases to try investigational medications that haven’t been generally approved.

In 2018, President Donald Trump signed the federal “Right to Try Act,” which would give certain patients access to drugs that have not yet been cleared by the U.S. Food and Drug Administration for broad use. Psilocybin, along with marijuana and MDMA, appears to fit the criteria for the law, including having completed a phase 1 clinical trial and being under active development. Washington State adopted a similar law in 2017.

In September, Aggarwal applied to the Washington State Department of Health’s Pharmacy Quality Assurance Commission for a license to grow psilocybin mushrooms with the eventual goal of using them to treat patients in palliative care. The state commission has yet to review the application, Kaiser Health News reported this week.

Aggarwal would also need to obtain approval from the federal government, namely the U.S. Drug Enforcement Administration (DEA). “We’re still working on formulating an application to them,” he told Marijuana Moment in a phone interview, adding that his team is consulting with lawyers for guidance.

As for a timeline on the applications? “I wish I could tell you,” Aggarwal said. “There’s really no way to know. This has never been tried before that we’re aware of.”

Meanwhile, more sweeping statewide reform could come in the form of a 2022 ballot question. A top backer of both of Oregon’s successful drug-reform initiatives recently said Washington is the next state on his list.

David Bronner, CEO of Dr. Bronner’s soap company, has long bankrolled drug reform campaigns. In Oregon last election, he gave $3.4 million to Measure 109, which legalized psilocybin for therapeutic use, and $1 million to Measure 110, which decriminalized all drugs.

Bronner recently told the Daily Beast that he’d like to see Washington voters pass both reforms—medical psilocybin and broader drug decriminalization—in a single initiative on the state’s 2022 ballot.

“It’s moving faster than I would’ve thought,” he said. “I would not have thought we’d be ready for the kind of reforms we’re seeing, and it’s gratifying. I just think we can go further in 2022 and 2024.”

Bronner added that he hopes to team up with other drug-reform funders, such as Mark Zuckerberg and George Soros, to maximize their policy impact. “If we all line up as one grand coalition, we can run twice as many ballot measures in a given cycle,” he told the Daily Beast. “We’re working hard on figuring that out.”

In the meantime, another group of activists in the state are continuing their push for drug decriminalization. Treatment First Washington hopes to see lawmakers take up a proposed decriminalization measure next year that closely resembles Oregon’s Measure 110.

The group originally planned to qualify the Washington measure for the 2020 election, but organizers stopped collecting signatures in the spring due to the COVID-19 pandemic.

As with Oregon’s recently passed decriminalization measure, Treatment First Washington’s proposal would remove criminal penalties for drug possession, expand treatment for substance misuse and pay for that treatment with tax revenue from the state’s legal cannabis industry.

Aggarwal, the Seattle doctor applying to cultivate mushrooms, said that any of the reform efforts would likely help expand access for his patients.

“This effort would definitely be a lot easier if we had decriminalization,” he said, explaining that treatment could work similarly to how the clinic currently deals with marijuana.

“We kind of do this with cannabis in our office already,” he said. “People can do cannabis-assisted therapy sessions where they bring their own, and there’s a vaporizer and they can have a session with a decriminalized drug.”

Aggarwal said he filed the application because dying patients can’t wait for broader reform through the legislature or the ballot box.

“We just don’t have time to wait for that for patients who are sick now,” he said. “These are patients that really have exhausted legally available psychedelic-assisted therapy, which is ketamine, and I think there’s still a need for more… They need help now and not in 2022.”

Marijuana Legalization Opponents Ask Courts To Overturn Voters’ Will In Several States

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.
Continue Reading
Advertisement

Marijuana News In Your Inbox

Support Marijuana Moment

Marijuana News In Your Inbox

Do NOT follow this link or you will be banned from the site!