{"id":76795,"date":"2024-07-09T10:42:54","date_gmt":"2024-07-09T18:42:54","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/07\/09\/new-washington-ballot-measure-would-legalize-psychedelic-plants-and-fungi\/"},"modified":"2024-07-10T19:46:37","modified_gmt":"2024-07-11T03:46:37","slug":"new-washington-ballot-measure-would-legalize-psychedelic-plants-and-fungi","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2024\/07\/09\/new-washington-ballot-measure-would-legalize-psychedelic-plants-and-fungi\/","title":{"rendered":"New Washington Ballot Measure Would Legalize Psychedelic Plants And Fungi"},"content":{"rendered":"<\/p>\n

Organizers in Washington State are working to put a measure on the state\u2019s ballot that would legalize a number of plant- and fungi-based psychedelics for personal use, including psilocybin mushrooms, mescaline and DMT.<\/p>\n

While the proposal wouldn\u2019t allow commercial sales of the substances, it would permit paid \u201csupportive services\u201d under which people could receive compensation for facilitating psychedelic experiences, somewhat like services already legal in Oregon and Colorado. Individual adults could also freely grow psychedelic plants and fungi and share them with other adults without remuneration.<\/p>\n

The initiative campaign, the Responsible Entheogen Access and Community Healing Coalition (REACH WA), submitted the measure to the secretary of state about a month ago, and the office granted it a formal ballot title and summary on June 27.<\/p>\n

With the latest step, organizers can now begin gathering signatures for the would-be proposition, dubbed Initiative Measure No. 2076. It\u2019s not likely to make the ballot this year, however, given that the July 5 deadline to submit signatures for a vote this November has now passed.<\/p>\n

In a statement to Marijuana Moment, REACH WA said the group\u2019s \u201csubmission for this legislative season was largely symbolic and to generate awareness for our campaign.\u201d<\/p>\n

\u201cWe are still working diligently to finalize our strategy, mobilize our supporters, and find financial backers,\u201d the campaign said. \u201cWe are committed to refining and improving the language of our initiative, whether it\u2019s for a ballot initiative in 2026 or in hopes of finding a legislative sponsor. Ongoing input remains invaluable to us, particularly on key issues such as the advisory council, penalties for minors, and public use regulations.\u201d<\/p>\n

If Initiative 2076 were to appear on the ballot and be passed by voters in its current form, it would legalize the \u201cnoncommercial cultivation and transfer of natural psychedelics and the provision of supportive services for adults aged 21 and older,\u201d according to the submitted measure.<\/p>\n

Among its stated goals are to \u201ccreate a legal, equitable, responsible, and cost-effective pathway to accessing the potential benefits of naturally occurring psychedelics for adults 21 years of age and older\u201d as well as to reduce harm by promoting responsible use, reduce negative bias and stigma, use law enforcement resources \u201cin more effective and rational ways,\u201d prevent distribution to minors and \u201cencourage the development of a mission-driven, community-based psychedelic ecosystem in which the service providers who work with natural psychedelics are not motivated primarily by monetary interests.\u201d<\/p>\n

The campaign told Marijuana Moment that the initiative \u201cis centered on a grow, gather, and gift model, alongside regulated services.\u201d<\/p>\n

\u201cWe advocate for responsible use and equitable access to natural psychedelics, emphasizing education and harm reduction,\u201d the statement said. \u201cOur approach is designed to respect individual autonomy while promoting public health and safety.\u201d<\/p>\n

REACH WA said on social media last week that the\u00a026-page proposal \u201cis not the final draft\u201d of the initiative.<\/p>\n

\u201cWe are committed to refining and improving the language of our initiative,\u201d organizers<\/a> said, \u201cwhether it\u2019s for the next ballot or in hopes of finding a legislative sponsor.\u201d<\/p>\n

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A post shared by REACH Washington (@reach.wa)<\/a><\/p>\n<\/div>\n<\/blockquote>\n

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In its current form, the initiative would apply to the substances psilocybin, psilocin, DMT, 5-MeO-DMT and mescaline, provided they\u2019re derived from a plant or fungal source. Commercial sales of those substances would generally be a misdemeanor, although they could be provided as part of \u201cbona fide supportive services\u2026provided that the transfer includes no more natural psychedelics than are actually consumed by the participant or participants receiving supportive services during that session.\u201d<\/p>\n

Consumption and transfer of psychedelics could not be done within view of the public, and the administration of supportive services could not be done at a public place. Nor could legal psilocybin activity be done in a way that creates a public or private nuisance.<\/p>\n

Supportive services would also need to be provided at a location where reasonable steps have been taken to prevent people under 21 from being permitted entry. Negligently allowing in minors would be a class 1 civil infraction, with a fine up to $7,500, while willfully allowing in minors would be a gross misdemeanor.<\/p>\n

The proposal would not create any defense to driving-related laws, and operating a vehicle under the influence of psychedelics would remain a crime.<\/p>\n

The measure also lays out some requirements for those providing supportive services, establishing a duty to use a reasonable standard of care and transfer only psychedelics \u201cthat are void of any adulterant or contaminant\u201d that pose health risks. It would also bar any romantic or sexual relationships between a provider and a client regardless of whether consent is given by a participant for a period of one year.<\/p>\n

In general, informed consent would need to be granted before providing services, and in cases where \u201csupportive touch\u201d is offered, \u201cconsent to the scope of permissible touch must be established\u201d before consumption of psychedelics, \u201cand the participant has the right to revoke such consent at any time.<\/p>\n

Providers could also not describe services as \u201ctherapy\u201d unless provided as part of a licensed therapeutic practice, in which case the governing body of that practice would have to be in accordance with the rules and standards of that profession. Nor could providers make claims about curative or therapeutic effects of psychedelics unless there\u2019s broad scientific agreement backing those claims.<\/p>\n

Services could also not make use the likeness of any Indigenous tribe, person, culture or religion \u201cthat would otherwise lead a reasonable person to believe that the supportive services provider is part of or connected with\u201d if they\u2019re in fact not.<\/p>\n

An advisory council would be established under the measure to draft nonbinding guidance, create evidence-based harm reduction and educational materials and, optionally, establish an investigatory process to look into complaints. The body would consist of members representing government health departments, law enforcement, veterans, the law, harm reduction, Indigenous groups, the recovery community, people with lived experience using psychedelics and more. It would receive $800,000 in annual funding.<\/p>\n

Advertising would also be limited to prevent images of minors, cartoons, toys and other content \u201cassociated with minors or marketed to minors.\u201d Further, services could be advertised \u201conly to participants or prospective participants who have requested or consented to receive direct advertising communications\u2026such as registering to be on an email list or subscribing to receive social media updates.\u201d<\/p>\n

Companies providing services would also need to be organized as nonprofits in Washington or another state, unless they\u2019re sole proprietorships that are single-member LLCs.<\/p>\n

\u201cOur language is intended to complement legislative efforts by incorporating critical elements such as decriminalization for non-commercial personal and communal use and expungement for past convictions, which we feel are imperative to responsible and equitable policy reform in this area,\u201d the campaign told Marijuana Moment. \u201cUnlike current legislative frameworks, our initiative ensures these components are addressed directly, and promotes safety by allowing the existing community-based underground services to move aboveground within a lightweight framework that doesn\u2019t require licensing.\u201d<\/p>\n

Local governments could impose reasonable regulations on service providers, but they couldn\u2019t prevent lawful psychedelics activity completely. Nor could they forbid harm reduction services or impose any tax or fee on psychedelics activity outside of typical \u201csales taxes, business licensing fees, and similar charges\u201d assessed on all businesses.<\/p>\n

Here\u2019s the Secretary of State\u2019s ballot title for Initiative 2076<\/a>:<\/strong><\/p>\n

Initiative Measure No. 2076 concerns the regulation of hallucinogenic substances.<\/p>\n

This measure would authorize individuals over 21 to possess, use, cultivate, or transfer certain hallucinogenic substances under state law, subject to restrictions; regulate the provision of related services; and set penalties for violations.<\/p>\n

Should this measure be enacted into law? Yes [ ] No [ ]<\/p>\n

And here\u2019s the ballot measure summary:<\/strong><\/p>\n

This measure would define certain hallucinogenic substances as \u201cnatural psychedelics\u201d and authorize individuals over 21 to possess, use, cultivate, or transfer such substances under state law, subject to restrictions. It would authorize, define, and regulate \u201csupportive services\u201d; impose duties and restrictions on providers; create a cause of action for noncompliance; and create an advisory council requiring legislative appropriation. It would set penalties for violations and state an intent to supersede inconsistent state and local laws.<\/p>\n

As for the group backing the reform, REACH WA \u201cwas born out of recognizing the need to decriminalize psychedelics and expunge prior convictions, before or at the same time as implementing state-regulated wellness models and training programs,\u201d the campaign said. \u201cOur coalition includes leaders who have played significant roles in past campaigns, bringing valuable insights and lessons learned to this new initiative.\u201d<\/p>\n

Forward progress on REACH WA\u2019s proposal comes as Washington\u2019s capital city of Olympia considers its own psychedelics reform measure. Specifically, a resolution currently being considered by the City Council would direct law enforcement to make the prohibition of psilocybin and other psychedelic substances a low enforcement priority<\/a>. A public hearing is expected in coming weeks.<\/p>\n

That resolution, brought before the council last month, further states that \u201cno city funds or resources should be for investigation, prosecution, and arrest of individuals solely for entheogenic plants and fungi.\u201d And it expresses the city\u2019s \u201csupport for the full decriminalization of these activities at the state and federal level.\u201d<\/p>\n

Olympia is one of at least six municipalities across the state where activists set out late last year to pass psychedelics reform at the local level<\/a>. Organizers told Marijuana Moment at the time that the grassroots strategy was inspired in part by municipal psychedelics reform in cities across Massachusetts\u2014a movement that now aims to put\u00a0a statewide psychedelics legalization initiative<\/a> on the 2024 ballot in that state.<\/p>\n

In Washington, Seattle<\/a>,\u00a0Port Townsend<\/a>\u00a0and\u00a0Jefferson County<\/a> have also decriminalized psilocybin through local policies.<\/p>\n

The proposal comes as more governmental and public health organizations acknowledge the negative impacts of the drug war and encourage an approach based more on harm reduction.<\/p>\n

For example, the\u00a0American Medical Association (AMA) has now formally endorsed drug decriminalization<\/a>, adopting the policy position last month at its annual meeting. The body is calling for the \u201celimination of criminal penalties for drug possession for personal use as part of a larger set of related public health and legal reforms designed to improve carefully selected outcomes.\u201d<\/p>\n

AMA also recommended adopting a policy supporting \u201cfederal and state efforts to expunge, at no cost to the individual, criminal records for drug possession for personal use upon completion of a sentence or penalty.\u201d<\/p>\n

Dozens of\u00a0United Nations (UN) human rights experts have also called for a less-punitive approach to global drug policies<\/a>, urging member nations last month to focus less on punishment and criminalization and more on harm reduction and public health while specifically calling for \u201cdecriminalisation of drug use and related activities, and the responsible regulation of all drugs to eliminate profits from illegal trafficking, criminality and violence.\u201d<\/p>\n

And a recent report from the RAND Corporation urged that\u00a0\u201cnow is the time\u201d for federal policymakers to decide how to regulate psilocybin and other substances<\/a>.<\/p>\n

Both the RAND report and a separate study published by the Journal of the American Medical Association (JAMA), meanwhile, also indicate\u00a0growing interest in microdosing psychedelics<\/a>.<\/p>\n

While researchers in the JAMA study noted that federal prohibition means unsanctioned use of the psychedelic could pose risks to consumers,\u00a0another federal agency recently acknowledged the potential benefits the substance might provide<\/a>\u2014including for treatment of alcohol use disorder, anxiety and depression. It also noted psilocybin research being funded by the federal government into the drug\u2019s effects on pain, migraines, psychiatric disorders and various other conditions.<\/p>\n

This story has been updated with comments from REACH WA.<\/em><\/p>\n

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German Officials Approve Country\u2019s First Marijuana Social Club Since Legalization Took Effect<\/a><\/p>\n<\/blockquote>\n

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Photo courtesy of Wikimedia\/M\u00e4di<\/a>.<\/em><\/p>\n

The post New Washington Ballot Measure Would Legalize Psychedelic Plants And Fungi<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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Organizers in Washington State are working to put a measure on the state\u2019s ballot that would legalize a number of plant- and fungi-based psychedelics for personal use, including psilocybin mushrooms, mescaline and DMT. While the proposal wouldn\u2019t allow commercial sales of the substances, it would permit paid \u201csupportive services\u201d underContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":24,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76795"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=76795"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76795\/revisions"}],"predecessor-version":[{"id":76796,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/76795\/revisions\/76796"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=76795"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=76795"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=76795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}