Politics
Psychedelics Activists Unveil Measure To Legalize Plant Medicine Healing Ceremonies In Oakland
Psychedelics activists have released a proposed measure to allow Oakland, California residents to use a variety of entheogenic substances in plant medicine healing ceremonies.
Decriminalize Nature (DN), the group behind the ordinance, submitted it last week to Councilmember Noel Gallo (D), who previously sponsored the organization’s now-enacted measure to deprioritize enforcement of laws against certain plants and fungi such as psilocybin mushrooms and ayahuasca.
Reform advocates began discussing creating a regulatory scheme for the psychedelics shortly after the City Council’s passage of the decriminalization ordinance. At first there was talk of allowing sales, but that is not included in the new proposal.
Instead, it would establish a pilot program to provide legal protections for residents and facilitators to participate in plant-based healing ceremonies.
The group emphasized that it’s concerned about the potential for commercial exploitation of psychedelics, and so this measure was designed to promote community-based treatment from facilitators who would be screened by local leaders with experience providing services to vulnerable populations such as the formerly incarcerated and victims of violence.
âMembers of these vulnerable communities are not receiving adequate mental health services in our country, and now with a global pandemic and increasing economic disparities, the situation is worsening,” Carlos Plazola, chair of DN, said in a press release.
“People have been healing from plant-based group ceremonies for centuries,” he said. “The solution weâre offering the city is to bring the ancient wisdom and practices that have enabled communities to heal for centuries, together with modern science and harm reduction techniques that are showing high rates of success of mental health healing in scientific studies, and will cost participants next to nothing.”
Text of the ordinance addresses the growing psychedelics reform movement and the therapeutic potential of entheogenic substances in the treatment of mental health conditions.
It also raises concerns about the way “for-profit corporations are becoming increasingly dominant in the plant based healing and psychedelic medicine spaces.”
That, the measure says, is causing “increasing concern among the compassionate-care community that there is very limited time to protect citizensâ rights to establish their own direct relationship to naturally occurring plant medicines, without corporate intermediaries or obstruction.”
“The purpose of this Chapter is to recognize and protect the unalienable human right to develop a relationship with nature and to safely and responsibly seek to improve community health and well-being through use of Entheogenic Plants without fear of arrest and prosecution, to recognize the importance of community support structures in supporting those with the highest levels of trauma and vulnerability, and to offer legal protections to Facilitators and Participants registered with the Oakland Community Healing Initiative Pilot Program and in compliance with the City of Oaklandâs Safe Practice Guidelines and Principles created by this Chapter.”
In addition to creating the community-centered regulatory framework, the ordinance also calls for the establishment of a task force to “evaluate and design…community-serving micro-economic models for engaging in Entheogenic Plant Practices that create opportunities for self-sufficiency in Oaklandâs most vulnerable communities and are specific to the Cityâs unique needs” within a year of the measure’s enactment.
Within two years of enactment, the City Council would be tasked with studying the impact of the pilot program and reporting back on its findings.
In order to become a facilitator for the ceremonies, a person must be 21 or older, live in the city, be recommended by a participating community-based organization and have at least five years of facilitator experience. To participate in the program, a person must be a resident and be recommended by a participating organization.
“Facilitators and Participants shall receive legal defense by the City Attorneyâs office upon arrest or commencement of prosecution by any other government agency that arises from, or directly relates to, his or her participation in the OCHI, subject to confirmation by the City that the Facilitator or Participant, as applicable,” the draft ordinance says.
“The requirement to provide legal defense shall not encompass an act or occurrence by a Facilitator or Participant which is outside the scope of, or out of compliance with, the Cityâs Entheogen Safe Practice Guidelines and Principles. Intentional misconduct during participation in OCHI, such as assault, battery, infliction of distress, and any act which constitutes a crime under City law or is inconsistent with the Cityâs Safe Practice Guidelines and Principles shall not be considered within the scope of the Cityâs requirement to provide legal defense to Facilitators and Participants.”
Additionally, the measure contains a section stating that the city “shall encourage research on the safety, therapeutic potential, and healing powers of Entheogenic Plants so long as the research is done in collaboration with, or led by, leadership from within Community-Based Organizations.”
Courtney Barnes, an associate attorney at Vicente Sederberg LLP who is working with DN on the measure, told Marijuana Moment that there’s “never been a more critical period in our lifetime for creating community, expanding human consciousness, and reconnecting and deepening our relationship with nature.”
“This initiative embodies my and Decriminalize Natureâs core belief that humans should have the right to safely and responsibly seek to improve community health and personal well-being through use of entheogenic plants without fear of arrest and prosecution,” she said.
In other psychedelics reform news, activists in Washington, D.C. recently submitted what they believe to be enough signatures to qualify an initiative to decriminalize entheogenic substances for the November ballot.
Oregon officials confirmed this month that voters will see a first-of-its-kind measure to legalize psilocybin mushrooms for therapeutic purposes on the state ballot.
Oakland Psychedelics Ordinance by Marijuana Moment on Scribd
FDA Submits New CBD Enforcement Guidance To White House For Review
Photo elements courtesy of carlosemmaskype and Apollo.
Hotels, Airbnbs and other lodging facilities in Missouri would be allowed to let medical marijuana patients consume cannabis on their properties under a recently filed bill.
The legislation, titled the “Reduction of Illegal Public Consumption by Allowing for Compassionate Access to Medical Marijuana Act,” would require the state Department of Health and Senior Services to create a new “medical marijuana lodging establishment” license for the facilities. They would have to submit an application and a $50 fee to the agency in order to obtain the new approval.
Once licensed, lodging facilities would have to follow certain rules such as confirming that guests are registered medical cannabis patients, posting signage that says marijuana can be consumed on the property and ensuring that consumption areas are at least 25 feet away from sections where its prohibited.
Places that knowingly permit cannabis to be used without a license would be subject to a $1,000 fine for a first offense, $2,000 for a second, $5,000 for a third and the suspension of their business license for a fourth.
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Theoretically, if this bill is approved, it could promote tourism in the state, as it specifically allows hotels and other facilities to accept out-of-state medical cannabis certifications for guests.
There’s a similar policy on the books in Colorado, where a bill providing for social consumption site licenses was signed last year.
In a new related study, researchers took a look at the prevalence of Airbnbs allowing marijuana consumptions in Denver and found that it’s surprisingly commonâmuch more so than for tobacco use.
“A substantial number of Airbnb listings in Denver, Colorado permit cannabis use and venues permitting cannabis use may be more likely to also permit tobacco smoking,” the abstract says.
About one-in-four facilities included details about their marijuana policy in the listing, and 76 percent of those permitted cannabis use while 31 percent let guests use tobacco.
The focus of the study, published this month in the Journal of Psychoactive Drugs, was to analyze indoor clear air issues related to marijuana at Airbnbs. It concluded that the facilities should “consider including cannabis use in house rules in jurisdictions that have legalized cannabis to help guests identify spaces with clean air.”
Missouri’s marijuana laws might not be as progressive as Colorado’s, but a Republican lawmaker did file a joint resolution last month that calls for adult-use legalization to be placed before voters on the 2022 ballot.
Washington Lawmakers Approve Marijuana Homegrow Bill In Committee
Photo courtesy of Martin Alonso.
A bill to allow marijuana homegrow in Washington State cleared its first legislative hurdle Friday morning, passing out of the House Commerce and Gaming Committee on a 7â2 vote with a âdo passâ recommendation.
Washington voters approved a cannabis legalization initiative in 2012, and retail sales have been ongoing since mid-2014. Cultivating the plant for personal use, however, remains a felony.
âWashington was one of the first states to legalize, with understandable trepidation,â Rep. Shelley Kloba (D), the lead sponsor of HB 1019 and the chair of the House committee, said at Fridayâs meeting. Homegrow, she said, âis one area where weâve taken a more cautious approach and let other states test the waters.â
Of all other states that have begun legal cannabis sales in the years since Washington legalized, only oneâIllinoisâhas outlawed homegrow. But in Illinois, advocates in Washington have pointed out, the offense is a civil infraction rather than felony crime.
Washingtonâs homegrow bill would allow adults to cultivate up to six cannabis plants at home and keep the marijuana those plants produce. Plants and containers of more than one ounce of cannabis would need to be labeled with the adultâs name, birthdate and address. Households with multiple adults could grow no more than 15 total plants.
While adults could give small amounts of homegrown cannabis to one another, unlicensed sales would remain illegal.
Plants would also need to be out of public view and unable to be âreadily smelledâ outside of the property. Growers who violate those limits would be subject to a civil infraction that carries a maximum $50 fine. Landlords, meanwhile, could decide whether or not to allow rental tenants to grow cannabis on the property.
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Marijuana Moment is already tracking more than 400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.
Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.
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The limits on plants being seen or readily smelled by the public, Kloba said, âprotects both the grower and the neighborsâ by avoiding both possible theft of plantsâa concern some have raised about homegrowâas well as nuisance odor from nearby properties.
Opponents of the bill, including the Washington Association of Police Chiefs and Sheriffs, have complained the homegrow limits would be difficult to enforce. A representative of the group noted at a hearing last week that the bill would prevent police from entering a property unless they first obtained a warrant.
Rep. Eric Robertson (R), one of two lawmakers who voted against the bill Friday, said he was concerned that HB 1019 leaves enforcement to police agencies rather than the state Liquor and Cannabis Board (LCB), which regulates licensed cannabis businesses in the state. He described that provision as a âfatal flaw in the bill because there wonât be any reasonable or informed way to investigate this stuff without a huge impact to our cities.â
Kloba replied that LCB has authority over the stateâs commercial cannabis system, âand this is clearly outside of it.â
The bill has support from numerous advocacy groups, including state and local drug reform advocates and the Washington Build Back Black Alliance (WBBBA), a group of nonprofit and business leaders lobbying on behalf of the stateâs Black communities.
In a letter to lawmakers sent this week, Paula Sardinas of WBBBA noted that 97 percent of the stateâs legal cannabis industry remains white-owned. âAssuming an expansion into homegrown would produce more [illicit] activity represents both systematic prejudice and implicit bias,â Sardinas wrote. âThis very good bill meets the basic tests of both equity and equality.â
Lawmakers made a single amendment to HB 1019 on Friday before advancing the bill, adding changes meant to harmonize the stateâs existing civil forfeiture law with the billâs proposed homegrow limits. Existing law, for example, allows forfeitures when someone engaged in illegal commercial cannabis activity possesses five or more marijuana plants. The amendment raises that cap to 16 plants and slightly increases the amount of harvested cannabis a person can possess.
Kloba said the amendment, which the committee adopted Friday without objection, is meant âso that we donât inadvertently allow people to do homegrow and then they get in trouble for doing so.â
Homegrow also won a small victory in Virginia on Friday as a state Senate committee voted to advance a bill to legalize marijuana in that state. Before approving the bill, lawmakers defeated a proposed amendment that would have outlawed home cultivation.
Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment the group âis pleased that cooler heads prevailed, defeating an absurd motion to remove personal cultivation from the bill.â
Meanwhile, in Washington, the House Commerce and Gaming committee also heard testimony Friday on a separate bill, HB 1210, that would update state law to replace references to âmarijuanaâ with the word âcannabis.â
âThe word âmarijuanaâ is a reminder of the history of racism and persecution,â argued the billâs lead sponsor, Rep. Melanie Morgan (D), while âcannabisâ comes from the plantâs scientific name. âI ask for this committeeâs support in removing the racist stigma from communities of color.â
Chris Thompson, director of legislative relations for LCB, said the regulatory agency supports the legislation but would like to see a âfriendly amendmentâ that would direct regulators to make the change on their side, too. Such direction would allow LCB to expedite agency rulemaking.
âIf you were to make a very long bill just maybe one paragraph longer and direct our agency to do that with our rules,” Thompson told lawmakers, “then that would help us make this change across the board in one fell swoop.â
Illinois Awards $31.5 Million In Marijuana-Funded Grants To Repair Communities Harmed By Drug War
Arizona marijuana sales for the adult-use market officially began on Friday after state officials began notifying retail business license applicants that they’d been approved.
The launch comes just weeks after voters in the state overwhelmingly passed a cannabis legalization initiative during November’s election. This marks the fastest transition from voter-approval to sales implementation of any state that has legalized marijuana to date.
Under the measure, regulators were required to quickly develop rules for the market. Industry stakeholders say they’ve had productive conversations with the Department of Health Services to create those guidelines over the past few weeks.
The department released two draft versions of its proposed regulations and then, earlier this month, began accepting applications for recreational business licenses. This first round of approvals is for existing medical cannabis dispensaries that have already gone through the state’s prior licensing process.
“ADHS has received 79 applications since the application period began early Wednesday,” the department said in a press release on Friday. “Six of those applications remain under review,” meaning that 73 facilities can now begin adult-use cannabis sales. The full list of those stores is at the bottom of this story.
NOW: Line goes around the building at @HarvestHOC in Scottsdale, one of 73 facilities in AZ w/ recreational marijuana sales license. #fox10phoenix pic.twitter.com/ym9waon5Oc
— Justin Lum (@jlumfox10) January 22, 2021
Those who aren’t currently operating a medical marijuana shops can still apply for an adult-use license during this first round if they plan to operate in a county with two or fewer existing dispensaries. Applications for those who aren’t eligible in this phase will be open soon and are expected to be approved starting in the spring.
Samuel Richard, executive director of the Arizona Dispensaries Association, told Marijuana Moment that the “dedicated focus and professionalism of our regulators have really played out here in an incredible way.”
“We had overwhelming support in Novemberâa three to two margin, 60-40 percent. We got over the finish line,” he said. “It’s great to see that our regulators responded to that overwhelming support by working as fast as they can to get the infrastructure in place to allow the two million Arizonans that voted ‘yes’ for Prop 207 to start to enjoy the benefits of legal, adult-use cannabis.”
Recreational marijuana sales are now legal in Arizona. Here is the scene at Harvest in Scottsdale that started selling recreational at around noon today. pic.twitter.com/20RW76nzij
— David Wallace (@DavidWallce) January 22, 2021
Legalization advocates are cheering the state for its expediency in getting the recreational marijuana market off the ground.
Matthew Schweich, deputy director at the Marijuana Policy Project, told Marijuana Moment that it is “encouraging to see Arizona move forward with implementation of the legalization policy approved by voters in November.”
“By avoiding unnecessary delays, Arizona will accelerate the timeline for job creation, business investment, and new tax revenue,” he said.
“I commend state officials for prioritizing the implementation of Prop. 207 and ensuring that Arizona adults have safe and convenient access to affordable marijuana in a timely manner,” NORML State Policies Coordinator Carly Wolf, told Marijuana Moment. “Voters were crystal clear on their mandate at the ballot box: end the failed policy of criminalization and replace it with a legal pragmatic regulatory framework as soon as possible.”
“Itâs time to stop ceding control and revenue of the marijuana market to unregulated and untaxed enterprises in order to eliminate the risks associated with an illicit market,” she said.
The rules for the adult-use market took effect on January 15. They cover licensing fees, the timeline for approvals, the structure of the regulatory body, product labeling, public safety protocols and more. Many of the changes from prior draft regulations were technical, but there was one notable change concerning credentialing for cannabis workers.
Rather than being credentialed for one specific facility, the worker registration was expanded so that they could be certified to be employed at any cannabis operation in the industry.
While these rules are in place for the newly approved retailers, Richard said regulators have made clear their intent to continue to work with stakeholders and continue to build upon their rules to ensure the market’s success.
RECREATIONAL MARIJUANA-
A line for has already formed here at @HarvestHOC on Grant. They were approved for a recreational license today by AZDHS and have already started selling. @KOLDNews pic.twitter.com/jZMuGiP1Jg— Karly Tinsley (@ktinsleynews) January 22, 2021
Under the stateâs new legalization law, adults will be able to possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
The measure also contains several provisions aimed at addressing the harms of prohibition such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program.
Cannabis sales will be taxed at 16 percent. Tax revenue will cover implementation costs and then be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.
That revenue could also help the Arizona’s economic recovery amid the coronavirus pandemic, Richard said.
“At the time where folks are still struggling to recover across the country in terms of state budgets, we look forward to being a critical piece” of that recovery, he said.
Arizona’s quick response to voter approval of the reform initiative stands in stark contrast to New Jersey, where voters also approved a legalization referendum in November.
While regulations have been developed and retail sales are launching in Arizona, enabling legislation has faced numerous delays in New Jersey as lawmakers and the governor continue to hash out differences in their preferred regulatory approach.
That said, New Jersey Gov. Phil Murphy (D) said during his State of the State address last week that âwe are on the verge of passing an innovative and groundbreaking set of laws to reform our historically unjust approach to marijuana and cannabis.â But the exact timeline to pass an implementation bill is yet to be determined.
See the full list of medical cannabis dispensaries authorized to sell recreational marijuana below:
| Facility Legal Name | County | City |
| Natural Relief Clinic Inc | Cochise | Bisbee |
| Desertview Wellness & Healing Solutions, LLC | Coconino | Flagstaff |
| Arizona Natures Wellness | Coconino | Sedona |
| Desert Medical Campus | Gila | Payson |
| High Desert Healing Llc | Maricopa | Avondale |
| Non Profit Patient Center Inc | Maricopa | Cave Creek |
| Azgm 3, Inc | Maricopa | Chandler |
| Border Health, Inc | Maricopa | Chandler |
| Total Health & Wellness Inc | Maricopa | Chandler |
| Total Health & Wellness Inc | Maricopa | Chandler |
| Arizona Cannabis Society Inc. | Maricopa | El Mirage |
| Fort Mountain Consulting, Llc | Maricopa | El Mirage |
| Absolute Health Care Inc | Maricopa | Gilbert |
| Ocotillo Vista, Inc. | Maricopa | Glendale |
| Pahana, Inc. | Maricopa | Glendale |
| Pp Wellness Center | Maricopa | Glendale |
| Whoa Qc Inc | Maricopa | Glendale |
| G.T.L. Llc | Maricopa | Guadalupe |
| Nature Med Inc | Maricopa | Guadalupe |
| 4245 Investments Llc | Maricopa | Mesa |
| Arizona Wellness Collective 3, Inc | Maricopa | Mesa |
| Buds & Roses, Inc | Maricopa | Mesa |
| Jamestown Center | Maricopa | Mesa |
| Sea Of Green Llc | Maricopa | Mesa |
| The Giving Tree Wellness Center Of Mesa Inc | Maricopa | Mesa |
| The Healing Center Farmacy Llc | Maricopa | Mesa |
| Valley Healing Group Inc | Maricopa | Mesa |
| Vending Logistics Llc | Maricopa | Mesa |
| Pinal County Wellness Center | Maricopa | Peoria |
| Ad, Llc | Maricopa | Phoenix |
| Az Compassionate Care Inc | Maricopa | Phoenix |
| Catalina Hills Botanical Care Inc | Maricopa | Phoenix |
| Devine Desert Healing Inc | Maricopa | Phoenix |
| Fort Consulting, Llc | Maricopa | Phoenix |
| Greens Goddess Products, Inc | Maricopa | Phoenix |
| Healing Healthcare 3 Inc | Maricopa | Phoenix |
| Herbal Wellness Center Inc | Maricopa | Phoenix |
| Kwerles Inc | Maricopa | Phoenix |
| Mohave Valley Consulting, Llc | Maricopa | Phoenix |
| Natural Herbal Remedies Inc | Maricopa | Phoenix |
| Natural Relief Clinic Inc | Maricopa | Phoenix |
| Nature’s Healing Center Inc | Maricopa | Phoenix |
| Nature’s Healing Center Inc | Maricopa | Phoenix |
| Organica Patient Group Inc | Maricopa | Phoenix |
| Phytotherapeutics Of Tucson | Maricopa | Phoenix |
| Rjk Ventures, Inc. | Maricopa | Phoenix |
| The Giving Tree Wellness Center Of North Phoenix Inc | Maricopa | Phoenix |
| Zonacare | Maricopa | Phoenix |
| The Kind Relief Inc | Maricopa | Queen Creek |
| Byers Dispensary | Maricopa | Scottsdale |
| Csi Solutions Llc | Maricopa | Scottsdale |
| Eba Holdings Inc. | Maricopa | Scottsdale |
| All Greens Inc | Maricopa | Sun City |
| East Valley Patient Wellness Group Inc | Maricopa | Sun City |
| Holistic Patient Wellness Group | Maricopa | Tempe |
| Salubrious Wellness Clinic Inc | Maricopa | Tempe |
| Svaccha, Llc | Maricopa | Tempe |
| Kannaboost Technology Inc | Maricopa | Tempe |
| K Group Partners Llc | Maricopa | Youngtown |
| Sweet 5, Llc | Maricopa | Youngtown |
| Verde Dispensary Inc | Mohave | Kingman |
| Abedon Saiz Llc | Mohave | Lake Havasu City |
| Fwa Inc | Mohave | Lake Havasu City |
| Arizona Golden Leaf Wellness, Llc | Pima | Marana |
| Medmar Tanque Verde Llc | Pima | Tucson |
| Patient Care Center 301, Inc. | Pima | Tucson |
| Rainbow Collective Inc | Pima | Tucson |
| Nature’s Wonder Inc | Pinal | Apache Junction |
| Svaccha, Llc | Pinal | Apache Junction |
| Medical Pain Relief Inc | Pinal | Casa Grande |
| Sherri Dunn, Llc | Yavapai | Cottonwood |
| 203 Organix, Llc | Yavapai | Prescott |
| Jamestown Center | Yuma | Yuma |
Congressman Files First Federal Marijuana Reform Bill Of 2021
