Wednesday, 6 February 2019

In Historic First, Denver Will Vote on Decriminalizing Magic Mushrooms [FEATURE]

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Its official: Voters in Denver will go to the polls in May to decide whether to allow residents to use and possess magic mushrooms and psilocybin, the hallucinogenic substance that makes those mushrooms so magic, without fear of criminal penalty. The city's Election Division confirmed last Friday that an initiative petition to decriminalize the mushrooms had received enough signatures to qualify for the May 7 municipal ballot.

[image:1 align:left caption:true]That will mark the first time any jurisdiction in the United States has taken up the issue. A California statewide initiative campaign last year failed to achieve any traction and never made it to the ballot. An Oregon statewide initiative is aiming at the 2020 ballot, but if it makes it, that vote will take place a year and a half after the Denver vote.

Denver is building a reputation as a leader in progressive drug policy. Colorado and Washington were the first states to legalize marijuana in 2012, and in 2016 Denver became the first city in the country to allow for the consumption of marijuana at retail establishments, including bars.

The group behind the initiative, Decriminalize Denver, wants to make the use and possession of psilocybin mushrooms by people 21 and over the city's "lowest law enforcement priority." The initiative would also prevent the city from using its resources to punish adults who are caught using or possessing the mushrooms.

What the proposed ordinance would not do is legalize the sale of the drug in retail shops. One step at a time is the apparent plan.

"We're a pretty progressive city when it comes to drug policy," Decriminalize Denver director Kevin Matthews told NBC News. Still, he said he didn't foresee magic mushroom retail stores similar to pot shops "in the near future."

The initiative has won the approval of the Drug Policy Alliance, which is pushing more broadly for drug decriminalization.

"Under current Colorado law, with the exception of marijuana, simple drug possession can carry felony charges leading to devastating consequences including incarceration and a lifelong criminal record. People across the state want to do things differently," said Art Way, the group's Colorado state director. "While psilocybin is behind a relatively small portion of these arrests, it's terrific that Denver voters will have the opportunity to chip away at the drug war through this initiative."

Even if the initiative were to pass, magic mushrooms would remain illegal under both state and federal law, which considers them a Schedule I controlled substance -- the most dangerous, with no approved medical use and high potential for abuse--a designation shared with heroin, ecstasy, and, bizarrely enough, marijuana.

But are magic mushrooms really so dangerous? The Global Drug Survey, with more than 120,000 participants in more than 50 countries, doesn't think so. Of the more than 12,000 people who reported taking the drug in the 2016 survey, only 0.2 percent required emergency medical treatment, a rate dramatically lower than for ecstasy, LSD, or cocaine.

"Magic mushrooms are one of the safest drugs in the world," addiction psychiatrist and Global Drug Survey founder Adam Winstock told The Guardian, adding that the biggest risk was that people could pick and eat the wrong mushrooms. "Death from toxicity is almost unheard of with poisoning with more dangerous fungi being a much greater risk in terms of serious harms."

Still, magic mushrooms aren't completely harmless, Winstock said. "Combined use with alcohol and use within risky or unfamiliar settings increase the risks of harm most commonly accidental injury, panic and short-lived confusion, disorientation and fears of losing one's mind." In some cases, people can experience panic attacks, he added, advising people who are thinking about using them to "plan your trip carefully with trusted company in a safe place and always know what mushrooms you're using."

Come May, we will see whether voters in Denver are ready to take the next step in progressive drug reform.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Drug Policy Alliance is a financial supporter of Drug War Chronicle.


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Medical Marijuana Update

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The Florida medical marijuana mess continues, a Nebraska medical marijuana initiative has submitted proposed language, and more.

[image:1 align:right]Florida

Second Florida Bill to End Ban on Smoking Medical Marijuana Filed. State Sen. Jeff Brandes (R-St. Petersburg) has filed SB 182, which would end the state's ban on smoking medical marijuana. A similar bill, SB 372, was filed earlier this month by Sen. Gary Farmer (D-Fort Lauderdale). The ban has also been challenged in the courts, and GOP Gov. Ron De Santis has said that he will drop the state's appeal in the case if lawmakers don't eliminate the ban.

Florida Bill to End Ban on Smoking Gets Twisted. A bill from Jeff Brandes (R-St. Petersburg) that would end the ban on smoking medical marijuana, SB 182, was so altered in the Senate Health Policy Committee Monday that Brandes now says it would be worse for patients that doing nothing at all. At the behest of Chairwoman Gayle Harrell (R-Port St. Lucie), the committee voted to require that patients seeking to use smokable marijuana get a second opinion from a physician and to mandate that doctors would only be able to order smokable marijuana if it were the only route of administration that would benefit the patient. Brandes says the bill “will have to be significantly amended” before he would send it to the Senate floor for a full vote.

Florida Judge Again Strikes Down Cap on Dispensaries. For the second time in a month, Leon County Circuit Court Judge Karen Gievers has struck down a state law capping the number of dispensaries a medical marijuana business can operate. The limit on the number of storefronts was not contained in the state’s successful medical marijuana amendment but imposed by the legislature in 2017. In her opinion, Gievers harshly criticized the legislature and state health officials for failing to comply with the amendment. "The evidence clearly and conclusively establishes beyond any doubt that conveniently located medical marijuana dispensaries (as opposed to vehicle delivery, the only allowed alternative means of dispensing) promote authorized users’ improved access to medical marijuana products and related information and services, at lower cost, and promote public safety (the stated goals for regulation in the amendment)," Gievers wrote in Friday’s ruling.

Nebraska

Nebraska Medical Marijuana Initiative Backers File Proposed Language. A group calling itself Nebraskans for Sensible Marijuana Laws submitted its proposed language for a medical marijuana ballot initiative Tuesday. If approved for signature gathering, the initiative will need about 130,000 valid voter signatures to qualify for the 2020 ballot. The move comes after the state legislature has refused for years to pass legislation, but initiative organizers say they would prefer to achieve their goals by passing Legislative Bill 110, which is pending this session.

Wyoming

Wyoming Medical Marijuana Bill Filed. Republican House Majority Leader Eric Barlow has filed a bill to legalize medical marijuana, HB 278. The bill would create a strictly regulated system for the use and distribution of medical marijuana in the state.


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Chronicle AM: Feds Move Against Philly Safe Injection Site, MA Heroin OD Death Case, More.... (2/6/19)

Monday, 4 February 2019

Chronicle AM: Denver Psilocbyin Init Will Go to Voters, White House Issues Drug Strategy, More... (2/4/19)

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The White House belatedly released the National Drug Control Strategy, a Denver magic mushroom initiative has qualified for the May ballot, Northeastern pot legalizers are busy, and more. 

[image:1 align:right caption:true]Marijuana Policy

World Health Organization Urges Removal of Marijuana from Drug Treaties. The World Health Organization (WHO) last Friday published a letter to the United Nations advising that marijuana and cannabis resin should no longer be considered controlled substances under international drug treaties. WHO specifically asked that the substances be moved out of Schedule IV of the Single Convention on Narcotic Drugs, which includes drugs thought to have no therapeutic value.

Cory Booker Enters Presidential Race With Call for Marijuana Legalization, Criminal Justice Reform. Sen. Cory Booker (D-NJ) formally entered the race for the Democratic presidential nomination last Friday and called for marijuana legalization and broader criminal justice reforms. There is a need for “changing our drug laws,” including “ending the prohibition against marijuana,” he said. "We do not have equal justice under the law," Booker said of the disproportionate rate at which black people are incarcerated under the country's drug laws. I believe in redemption."

New York Governor Wants Marijuana Legalized by April 1. Gov. Andrew Cuomo (D) said last Friday he wanted to see marijuana legalized by the state budget deadline of April 1. His remarks came after Assembly Speaker Carl Heastie said that lawmakers might have to wait until after the budget to take up legalization. But Cuomo said Friday he isn't giving up on his timetable and that a lot can happen in the legislature in six weeks.

Pennsylvania Legalization Bill Coming. Rep. Jake Wheatley (D-Allegheny County) will file a legalization bill that expunges criminal records for past pot convictions, releases inmates currently serving time for such offenses, and allows people 21 and over to use, buy, and grow marijuana.

Vermont Attorney General Supports Legalizing Pot Sales. Vermont became the first state to legalize marijuana legislatively last year but did not legalize marijuana commerce. Now, there's an effort underway to do so with SB 54, and Attorney General TJ Donovan supports it. “We have to have a regulated market,” he said last Thursday. “This is common sense.” The bill is currently before the Senate Judiciary Committee.

Medical Marijuana

Wyoming Medical Marijuana Bill Filed. Republican House Majority Leader Eric Barlow has filed a bill to legalize medical marijuana, HB 278. The bill would create a strictly regulated system for the use and distribution of medical marijuana in the state.

Psychedelics

Denver Will Vote on Magic Mushroom Initiative in May. City officials announced last Friday that the Decriminalize Denver initiative to make adult use and possession the lowest law enforcement priority and bar the city from using its resources to arrest and prosecute people for the hallucinogenic fungi has qualified for the ballot and will go before voters in the May municipal election. This marks the first time any jurisdiction in the US will have voted on decriminalizing psychedelics.

Drug Policy

Trump Administration Unveils National Drug Control Strategy. The White House last Thursday released its long-awaited National Drug Control Strategy, which typically is released annually, but which the Trump administration failed to do last year. The document contains little new policy but instead emphasizes existing Trump priorities: reducing drug supply through stricter law enforcement, lowering first-time opioid prescription rates, and expanding access to addiction treatment. Despite its emphasis on supply reduction, it acknowledges the risk of reducing access for chronic pain patients. Although it talks about drugs coming across the Mexican border, the strategy does not contain the words “border wall.”

Drug Testing

North Dakota School Board and Employee Drug Testing Bills Die. A pair of bills that would have mandated random, suspicionless drug tests for school employees and school board members have been killed in the Senate. SB 2310 was aimed at school employees, while SB 2337 was aimed at board members.

Sentencing

Mississippi Bill Targets People Who Provide Drugs in Fatal Overdoses. After a conviction for “depraved heart” murder in the case of a fatal overdose was overturned on appeal, state legislators have filed HB 867, which would allow sentences of 20 years to life without parole for people charged with selling drugs that result in the deaths of others. The bill would also increase penalties for the sale of heroin or fentanyl. The bill passed out of the House Judiciary Committee last week and is now headed for the House floor.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)


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