One year ago on Thursday, activists behind a first-of-its-kind drug policy reform ballot initiative in Denver were anxiously awaiting the results of a local vote that stood to set the city apart from any other in the country. Things didn’t look promising near the end of the night when they were behind—but as the votes continued to trickle in through the next day, it became official: The city had become the first place in the U.S. to decriminalize so-called magic mushrooms.
The Decriminalize Denver campaign defied odds and expectations. Psilocybin was just entering into the mainstream lexicon, there weren’t any large and monied psychedelics advocacy groups chipping in and voter confusion about what it meant to decriminalize—rather than allow retail sales like is the case for marijuana—threatened to derail the bold initiative.
But through a combination of education, outreach and innovation—as well as the open-mindedness of the local electorate—the campaign prevailed. More remarkable than the policy change in Denver, however, is the national grassroots movement it has inspired in the year since the historic vote.
Activists in more than 100 cities across the U.S. have now expressed interest in reforming their own psychedelics policies. Two more cities—Oakland and Santa Cruz—went a step further than Denver and decriminalized a wide range of entheogenic substances such as ayahuasca and ibogaine.
Oregon advocates are close to qualifying a statewide ballot initiative to legalize psilocybin for therapeutic use for this November. Washington D.C. activists were approved to circulate a petition to decriminalize various psychedelics in the nation’s capital on Wednesday. A California campaign had hopes of putting psilocybin legalization on the ballot before the coronavirus pandemic. And psychedelics reform bills have been introduced in three state legislatures.
On the congressional level, Rep. Earl Blumenauer (D-OR) has endorsed the Oregon psilocybin initiative and Rep. Alexandria Ocasio-Cortez (D-NY) introduced an amendment to encourage research into the medical potential of psychedelics. That was defeated on the House floor, but she plans to file more legislation on the issue.
In other words, a lot has happened in a year. And it is difficult to believe that the movement for drug policy reform beyond cannabis would have organized and spread this quickly were it not for what happened in Denver. Kevin Matthews, who led that campaign and has since launched a national advocacy group called SPORE, told Marijuana Moment that he “always looked at Decriminalize Denver and the Denver Psilocybin Initiative as an experiment for how to change laws around psychedelics.”
“Denver was the first step and we still have a lot of work to do,” he said. “What I didn’t necessarily expect was how quickly the landscape would evolve and how it would be this massive, national—perhaps even global—conversation now.”
The success of the campaign “just shocked people,” he said. “I think it really showed that you have a committed, passionate group of people who are brave enough to step into this space and really put their blood, sweat and tears, energy and, in some ways, livelihoods on the line to progress something. We were another example of that, right?”
More and more examples have formed in the past year, with activists working overtime to convince local legislators and residents that criminalizing people for using entheogenic substances is the wrong path. Instead, the plants and fungi should be viewed through the lens of civil liberties and public health, they say, citing research indicating that these currently illicit drugs hold significant therapeutic potential for the treatment of conditions such as severe depression and post-traumatic stress disorder.
One of the main reform groups that has emerged in the space since Denver is called Decriminalize Nature (DN)—a national hub for campaigns to lean on as they pursue local and state policy changes. Chapters across the country are raising awareness, exploring the ballot process for reform and communicating with lawmakers about the need to take a new approach to psychedelics.
Larry Norris, who cofounded Decriminalize Nature, told Marijuana Moment that “Denver’s success cast light on a space beyond the veil of possibilities.”
“They were the first to bring the important conversation about decriminalization to the table, and in the end, the power of the people prevailed. Even the victory was a great underdog story,” he said. “To come back from behind, after almost every news organization reported the initiative had failed the previous evening, provided great media attention for the larger policy conversation. Their success also gave a boost of confidence to Decriminalize Nature, who was able to share Denver’s victory with the Oakland City Council-Members shortly before the public hearings began in Oakland.”
Oakland activists aren’t stopping at decriminalization, either, with plans now in the works to propose a local regulatory model for a limited retail system for entheogenic substances.
David Bronner, CEO of the activist soap company Dr. Bronner’s, which is funding several psychedelics reform campaigns across the country, told Marijuana Moment that the vote in Denver last year “showed that it’s now politically possible to win our right to life-saving psychedelic medicine at this moment of the cultural psychedelic renaissance, and directly paved the way for Decrim Oakland to make magic happen there, and the birth of now national and international Decrim Nature movement.”
“It set a good precedent of talking about psychedelic medicine in the healing therapeutic frame, with a strong educational component about proper preparation, set and setting, and integration after,” he said.
There have been some reform supporters who have questioned whether decriminalization campaigns could detract from the rigorous, federally authorized studies into the therapeutic benefits of psychedelics that are in the works. Author Michael Pollan, for example argued in a New York Times op-ed shortly after the Denver vote that “ballot initiatives may not be the smartest way” to change laws around the substances. He later seemed to walk back that stance somewhat after pushback from advocates, however.
Natalie Ginsberg, director of policy and advocacy at the Multidisciplinary Association for Psychedelic Studies (MAPS), which is funding and gaining approval for clinical trials into several substances, told Marijuana Moment that for decades, “psychedelic research has been paving the way for psychedelic medicine, but medical access is not enough—decriminalization must go hand-in-hand with medicalization for a healthful society.”
Bronner also contended in a blog post last year that bringing the underground psychedelics world aboveground through a state-licensed treatment model in advance of federal approval “provides an example outside of the traditional pharma model for responsible regulated adult access to psilocybin therapy.”
“It’s also important to understand that the state ballot measure process is the only political mechanism that exists for providing this kind of broad responsible adult access,” whereas psychedelic-based pharmaceuticals could be less accessible, he said.
Advancements are being made in the traditional research realm as well, with Johns Hopkins University announcing last year that it is launching the nation’s first center devoted exclusively to studying psychedelic drugs.
What’s to come in the year ahead? The current pandemic might have created challenges for political campaigns of late, but assuming society returns to some level of normalcy, advocates anticipate an even bigger wave of reform—another year of progress that challenges the status quo of prohibition and demonstrates the need for a psychedelics renaissance.
Bronner predicted that “we’re going to see most large urban cities in America decriminalize mushrooms and plant medicines in the next few years,” adding that he believes Food and Drug Administration approval of psychedelic therapies will happen and Oregon will legalize psilocybin for therapeutic use. That will “pave the way to mainstream acceptance and widespread psychedelic healing of the people of the world by the end of the decade,” he said.
Norris conceded that it’s “uncertain how quickly things will reopen post COVID-19 shutdown and when city councils will be able to address these policies again” and the pandemic “obviously had a great impact on those with ballot initiatives who need to gather signatures.”
“However, many DN teams are working hard behind the scenes to prepare for the eventual reopening. Taking our cue from nature, DN is currently in a phase of nourishing our roots, rather than fruiting and blossoming,” he said, adding that the organization has been holding virtual meetings with activists across the country and globe. “Assuming things resume in a timely manner, we project at least five to seven more cities will Decriminalize Nature by the end of 2020.”
Among some drug policy reform advocates, there’s a lingering question about focusing decriminalization efforts on a singular class of substances, rather than ending the drug war altogether by removing criminal penalties for all currently illicit drugs.
Matthews said he agrees that reform shouldn’t end with psychedelics. “I absolutely support the broader decriminalization of all drugs,” he said. “Our campaign in many ways opened the door for us to have a direct conversation with the city—a very direct conversation with the city—about how it enforces their drug policy. We need alternatives to the current drug policy paradigm.”
“All substances absolutely need to be decriminalized because they’re mostly non-violent and victimless crimes, and we need to focus more on treatment where it’s necessary,” he said. “The psychedelics drug policy movement can very much inform and help galvanize the broader drug policy decriminalization movement. Denver is a good example of that based on the messaging we’ve got from the city.”
Ginsberg at MAPS said that “Denver’s move to deprioritize psilocybin arrests ignited communities across the country to mobilize to deprioritize all entheogenic plants, cacti and fungi, or ‘decriminalize nature’,” adding that she’s “hopeful that these psychedelic movements will join forces with broader coalitions to end the war on drugs and fully decriminalize all drugs.”
“In times of pandemic it’s clearer than ever that mass incarceration, and mass criminalization, are fundamentally incompatible with public health,” she said.
Broader decriminalization campaigns might not yet be taking off at the speed of the psychedelics reform movement, but there are proposed statewide initiatives in Oregon and Washington state to fully end the criminalization of drug possession while expanding treatment services.
In the meantime, Matthews had this to say to activists in the early stages of exploring psychedelics reform:
“Be committed, and that takes discipline. Folks definitely need to explore—both internally, to have experience with these substances to really understand it, and then find the others. That takes bravery because you’re stepping out as a psychedelics user in a sense. Then start broadcasting. Start sharing information. Social media, email your network—broadcast, broadcast, broadcast, and do it with integrity. Be very open about both the therapeutic and medical potential and the risks. That’s very important.”
“If you’re committed, a part of that involves faith and trust in the process,” he said. “This movement certainly has a mind of its own. If anyone out there wants to dedicate their livelihood to this, then they will be supported by the microverse.”
Decriminalization might be on the books now as Denver’s official policy thanks to the vote one year ago, but Matthews and other advocates are still at work educating city officials and ensuring that the change is implemented effectively, with an eye toward justice. A panel comprised of city officials, law enforcement and advocates, which was mandated by the ballot measure, held its third meeting on Wednesday—two months after the group established tracking and reporting criteria for police activity related to psilocybin post-decriminalization.
Now, thanks to Denver voters’ decision last May, the city is home to the nation’s first government psychedelics decriminalization body, but it is not likely to be the last.
Photo courtesy of Wikimedia/Mushroom Observer.
Connecticut Governor Says He’s Open To Smoking Marijuana After He Signs Legalization Bill
The governor of Connecticut said on Friday that he isn’t ruling out smoking marijuana after he formally signs a legalization bill into law next week.
While most top politicians might still demure when asked if they’d partake in cannabis given ongoing stigma and federal prohibition, Gov. Ned Lamont (D) said matter-of-factly that “time will tell” when asked by a reporter if people can “expect to see the governor smoking a joint” after legalization goes into effect in the state.
News 12’s John Craven replied incredulously, “Really? You’re open to it?”
LIGHT IT UP?: Will we see @GovNedLamont partake in newly legal marijuana?
Check out his answer: pic.twitter.com/XVP3d5fDNi
— John Craven (@johncraven1) June 18, 2021
The governor first shrugged, then nodded his head yes.
“Not right now, but we’ll see” Lamont said.
Other governors in legal states have been playful about cannabis culture and their own relationship to the plant. But while a growing number of lawmakers are comfortable discussing their past marijuana use, this is a fairly remarkable exchange for the sitting top executive officer of a state.
It’s also a sign of the times, as congressional lawmakers step up the push to end federal prohibition and legalization bills move through numerous state legislatures.
Connecticut lawmakers sent Lamont an adult-use legalization bill on Thursday, and he’s confirmed his intent to sign it into law. It would make the state the 19th to have enacted the policy change and the fourth this year alone.
And while the governor has consistently emphasized the important of social equity in legalization legislation—at one point threatening to veto the bill because of a provision he felt could undermine its intent to effectively stand up disparately impacted communities—he also seems to see the personal benefits of the reform.
Similar to Lamont’s new comments, Washington Gov. Jay Inslee (D) raised some eyebrows in 2018 when he said in an interview that he grows cannabis himself. But then a spokesperson for his office denied that he actually personally cultivates marijuana.
Minnesota Marijuana Reform Could ‘Move Forward’ In Special Session That Just Launched, Top Lawmaker Says
Even though a Minnesota House-passed marijuana legalization bill died in the Senate without action by the end of this year’s regular session, a top lawmaker says there’s still a “possibility to move forward” on cannabis reform as part of a special session that began this week.
“Nobody really expected the medical program to be so successfully changed this year,” House Majority Leader Ryan Winkler (D) said at a rally with cannabis reform advocates on Wednesday, referencing a separate measure Gov. Tim Walz (D) signed last month that will allow patients to access smokable cannabis products.
According to The Star Tribune, Winkler added that “surprising things can happen” during a special session. “When you see Republican support and Democratic support in the House and Senate, there is a possibility to move forward.”
Photos from today’s emergency rally at the Capitol 📸
Thank you to House Majority Leader @_RyanWinkler, Sen. @ScottDibble, Rep. @jeremymunson, and Sen. @jimabeler for speaking and advocating for the decriminalization of cannabis in Minnesota. #mnisready for change! pic.twitter.com/c5T1ffqSuy
— Minnesotans for Responsible Marijuana Regulation (@mnisready) June 16, 2021
Advocates with Minnesota NORML are pushing for several specific policies to be incorporated into legislation that is set to be taken up by the legislature during the special session. The first is to expand the state’s decriminalization policy, and the second is to have the state petition for a federal exemption for Minnesota’s medical cannabis program.
Part of the motivation behind that latter proposal is to ensure that registered patients are able to lawfully purchase and possess firearms in spite of federal restrictions.
At the rally, which was organized by NORML, Republicans Against Marijuana Prohibition (RAMP) and other groups, Winkler and several other lawmakers spoke in favor of modest policy changes such as decriminalizing cannabis.
“Decriminalizing small amounts is important,” Rep. Jeremy Munson (R), one of only a handful of Republicans who voted for Winkler’s broad adult-use legalization bill, said at the rally. “If someone in Minnesota gets caught with two gummy bears, it’s a felony and they’ll lose their gun rights forever.”
The coalition proposed several key reforms that they say should be integrated into public safety and health legislation that’s currently moving through committee during the special session:
-Further reduce penalties for simple possession of marijuana.
-Allow people convicted of possession up to eight grams of cannabis to petition the courts for expungement.
-Require the Minnesota health commissioner to petition the Drug Enforcement Administration (DEA) for an exemption for its medical marijuana program.
”Reducing or eliminating the criminal penalties we’re seeing around marijuana is where we have consensus,” Thomas Gallagher of RAMP said in a press release. “Let’s focus on the people who have small quantities. There is injustice in a trivial amount of marijuana resulting in life-changing punishments like imprisonment, criminal records, and lost jobs and kids.”
Rally for Our Special Session Agenda:
1. Decrim law reform: reduce penalties for concentrates & ensure a petty is not a crime in fed court.
2. Medical reform: Require Minn to petition for a fed exemption fr Schedule 1 for Minn's Med Cannabis patients.https://t.co/9S8Vwz4yoB
— Minnesota NORML (@MNNORML) June 15, 2021
Similar to the Minnesota activists’ call, Iowa officials have requested that federal agencies guarantee some level of protection for people participating in the state’s medical marijuana program.
The Hawaii legislature adopted a resolution in April seeking an exemption from DEA stipulating that the state is permitted to run its medical cannabis program without federal interference.
Back in Minnesota, the House approved a bill last month to legalize marijuana for recreational use following 12 committee assignments. That legislation stalled in the GOP-controlled Senate, however.
Advocates are hopeful about the possibility that further cannabis reforms could be accomplished in the special session, but they see an obstacle in Senate Majority Leader Paul Gazelka (R), who has been relatively silent on the issue since the end of the regular session.
He did previously say, however, that “we’re always said we were open to lowering the criminal penalties [for marijuana].”
The decriminalization legislation that advocates are rallying behind would make possession of up to eight grams of cannabis a petty misdemeanor. It would also make people with prior convictions for that level of possession eligible for expungements.
Under the separate medical cannabis expansion bill that the governor has signed, adults 21 and older will be able to access smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state’s cannabis commissioner authorizes it.
Dispensaries could also provide a curbside pickup option for patients under the new law. It further removes restrictions for designated caregivers and allows them to tend to six registered patients at once, rather than just one.
Walz, who hadn’t been especially vocal about legalization as the broader legislation advanced during the regulator session, said, “I’ve thought for a long time about that,” adding that “we know that adults can make their own decisions on things, we know that criminalization and prohibition has not worked.”
“I’ve always thought that it makes sense to control how you’re doing this and to make sure that adults know what they’re getting into, and use it wisely,” he said. “I also think there’s a lot of inequity about how folks have spent time in jail or been arrested around this, especially in communities of color.”
The majority leader’s legalization legislation as introduced was identical to a proposal he filed last year, with some minor technical changes. Winkler, who led a statewide listening to gather public input ahead of the measure’s introduction, called it the “best legalization bill in the country” at the time. It did not advance in that session, however.
Under the measure, social equity would be prioritized, in part by ensuring diverse licensing and preventing the market from being monopolized by corporate players. Prior marijuana records would also be automatically expunged.
Walz in January he called on lawmakers to pursue the reform as a means to boost the economy and promote racial justice. He did not include a request to legalize through his budget proposal, however.
The governor did say in 2019 that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.
Winkler, meanwhile, said in December that if Senate Republicans don’t go along with the policy change legislatively, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.
Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.
In December, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.
Photo courtesy of Mike Latimer.
Maine Lawmakers Approve Bill To Decriminalize All Drugs On 50th Anniversary Of Nixon’s ‘War On Drugs’
The Maine House of Representatives on Thursday approved a bill to decriminalize possession of all currently illicit drugs, delivering a victory to reform advocates on the 50th anniversary of President Richard Nixon’s declaration of the war on drugs.
The Senate also began consideration of the legislation on Thursday, but has not yet taken a vote.
The proposal, LD 967, was approved in 77-62 vote in the House. It would make possession of controlled substances for personal use punishable by a $100 fine, without the threat of incarceration. That fine could also be waived if a person completes a substance misuse assessment within 45 days of being cited.
“We are continually trying to criminalize a symptom of a disease. It hasn’t worked. It won’t work,” Rep. Charlotte Warren (D), who serves as the House chair of the legislature’s Criminal Justice and Public Safety Committee, said before the vote. “We have tried criminalizing this disease for decades, and 11 Mainers a week are dying.”
Rep. Anne Perry (D), sponsor of the bill, said that incarcerating people who are suffering from addiction “only proves to them that they are as bad as they think they are” and perpetuates the cycle of substance misuse. “Law enforcement is not the gateway to treatment and recovery. It’s a gateway to isolation and suicide.”
The measure’s passage flies in the face of Gov. Janet Mills (D), whose administration opposes the reform, as does the state attorney general. Coupled with opposition from Republican legislators, the bill faces an uphill battle to final passage.
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The Senate also began consideration of the legislation on Thursday night, adopting a different committee report than the House approved, but setting it aside as unfinished business before taking a final vote on the bill. The version moving forward in that chamber would similarly impose a $100 fine for possession, but only for the first two offenses. Subsequent offenses would be considered Class E crimes that could carry jail time.
These actions come one month after a joint House and Senate committee advanced the decriminalization bill with several conflicting recommendations, as well as another measure to reform the state’s drug trafficking laws.
Supporters of the legislation include the American Academy of Pediatrics’s Maine Chapter, Maine Medical Association, Alliance for Addiction and Mental Health Services in Maine and Maine Council of Churches.
Thursday’s decriminalization vote represents a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.
For the first time ever, a congressional bill to federally decriminalize possession of controlled substances—and incentivize states to do the same—was formally introduced on Thursday.
Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.
Vermont lawmakers also introduced a bill in March that would end criminal penalties for possessing small amounts of drugs in the state.
Also that month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.
Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.