Decriminalization and Legalization of Psychedelics. What does this all mean?
There is a growing movement of psychedelic exploration in the United States. Many states are debating decriminalization laws and Oregon was the first state to legalize psylocibin for therapeutic use. While decriminalization efforts and legislative efforts are beginning to emerge onto the political scene there may be some confusion about what this all means. Psychedelic plants and fungi, also known as entheogens, have been used by indigenous people for most likely thousands of years. There is a growing body of evidence that these powerful substances can be a catalyst for healing of the psyche and to help people in their battle with substance abuse addictions. More studies are showing the profound effect on the physical body such as neurogenesis of nerve tissue and the relief of physical pain. Clinical studies are finding that depression and anxiety that have not responded to other treatments can be helped dramatically with psychedelics. Use of psylocibin has been shown to reduce end of life anxiety and bring peace to those suffering a terminal illness. Psychedelics have also been used recreationally for decades and there are anecdotal stories of profound life changing moments when these substances are used under the right conditions. Heart opening expansion, connection to nature, deep understandings and awareness, and spiritual connection to the Divine are common amongst those who indulge for pure pleasure.
So what are the consequences and the pro’s and con’s of legalizing psychedelics vs decriminalizing?
A simplified explanation is that legalization seeks to create a state regulated industry while the goal of decriminalization is to limit criminal penalties for use and possession. In the legalization model, state legislators vote on a bill to enact legislation and usually sets up a board that oversees that legislation while a regulatory body enforces the legislation, creates licensure, education requirements, fees, and penalties.
The legal model aims to create safe and regulated use of psychedelics for healing purposes. It also creates a platform for the scientific study of the risks and benefits of psychedelics in a therapeutic context. Decriminalization makes possession of certain amounts of a substance a civil violation or it may carry no penalty at all depending on the laws. Possession and use becomes a low priority by law enforcement. Although other laws may come into play such as public intoxication or driving under the influence. The sale of psychedelics is still illegal under decriminalization although the use, possession, sharing, distribution, and transportation of a limited amount of the substance is not. There may be conflicting state, local, and federal laws that could confuse the issue of decriminalization further. Decriminalization allows adults to explore their own personal use of mind expanding plants and fungi without fearing legal repercussions whether in a group setting or individually. It also validates indigenous people’s right to continue to practice their own religions and sacred ceremonies which they have been doing for hundreds of years without infringing upon their customs.
Colorado has two upcoming ballot initiatives in November of 2022 that could change the way we view psychedelics or natural medicines in our communities.
The legalization ballot initiative is called the Natural Medicines Health Act of 2022. https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2021-2022/58Final.pdf The NMHA will set up a Natural Medicines Advisory Board consisting of 15 members appointed by the governor from various areas of expertise such as researchers, mycology experts, emergency responders, mental health providers, medical providers, educators, and would include individuals from traditional and indigenous communities. The board would make recommendations to the Colorado Department of Regulatory Agencies (DORA) which would be the regulatory body tasked with the regulation, licensure and operation of healing centers in the state that would provide natural medicine facilitation to clients in group and individual sessions. DORA will set up protocols for the qualification, education and training requirements for facilitators, including education on client safety, contraindications, physical and mental health, and cultural and ethical considerations. As well as suspending or revoking licenses of a healing center or individual that violates any of the regulatory requirements or practices in an unsafe or irresponsible manner. DORA can also set up standards for independent testing of the medicine for concentration and contaminants to the extent such testing is available. As well as set standards for the marketing and advertising of medicine and services.
The proposal would only allow the use of psilocybin initially, but can expand to include mescaline cactus, (excluding peyote), Ibogaine, and dimethyltryptamine (ayahuasca). Facilitators and healing centers would be able to charge for their services but not for the medicine. Healing centers would be able to cultivate, possess and store certain amounts of natural medicines in a secure location. And of course, facilitators in healing centers can distribute the medicine to clients under guided facilitation. The NMHA requires a pre-screening session and an integration session be conducted by facilitators in addition to the facilitated medicine session.
One of the benefits of the regulatory legalization model is that it takes the use of entheogens out of the perceived negative light of a schedule I “party drug” and legitimizes its therapeutic benefits for healing. People who may not feel comfortable experimenting with psychedelics may feel more at ease and safer under the guidance of a trained facilitator. It also opens doors for learning about and studying these medicines and the amazing benefits they may have in store for humanity. It would also protect the licensure of therapists and other professionals who wish to practice this type of healing modality.
NMHA would limit the operation of healing centers by a single entity to five or less. This does not mean mega corporate interests with large financial coffers cannot still dominate the market. This is the risk of legalization and regulation. Where there is money to be made, there are those who will take advantage. It would be up to the consumer to seek out qualified facilitators and healing centers. Non-profit healing centers whose mission is to serve the community over gaining profits would be a good option to offer legal, ethical, and community centered ceremonies under the legalization of psilocybin by the NMHA in Colorado.
The Decriminalization ballot initiative in Colorado is called the Legal Possession and Use of Entheogenic Plants and Fungi. https://leg.colorado.gov/sites/default/files/initiatives/2021-2022%2520%252361.pdf It would eliminate the legal investigation, search, seizure, detention, or arrest of anyone who possesses, uses, cultivates, shares, or gives away psilocybin, ibogaine, mescaline, or natural dimethyltryptamine (ayahuasca). It allows for the possession, production, storage, cultivation, and use of entheogenic plants and fungi by anyone over 21 years of age. It also allows provisions for supervision, guidance, harm reduction, spiritual, and supportive services to be protected whether there is monetary exchange or not for these services of by anyone over 21 years of age. It does not permit the selling or business promotion of natural plants and fungi.
One of the arguments that could be made for building on the decriminalization movement instead of putting legal and medical structures in place is that we may not have the foresight to see the pitfalls of legalization. Similarly to the cannabis industry whose legalization made this healing plant a commodity with mega corporate interests taking up the majority of the market share, and licensing fees for operation being outside of the realm that small businesses could afford. It is easier to build on something than to deconstruct it after it is built. Perhaps starting from a foundation of decriminalization would allow for the natural expansion of entheogens to be an exploration of the heart and mind of the participants and those who have already established as healing centers would be in a position to help others on the journey toward self-discovery. The risk is that these centers and professionals would not be completely protected under the law and no oversight would be in place to ensure safe practices.
Another argument for decriminalization is that it takes the power out of the hands of regulatory bodies and gives it back to the people. It should be a right, not a privilege to use all of the medicines provided to us by Mother Earth without risk of losing one’s freedoms. These special plants and fungi should be available to every adult who wishes to honor them in their natural state in whatever way they choose. One’s own exploration with sacred medicine should be a fundamental right of each individual. The risk of the therapeutic model of psychedelics is that it is removed from natural law and only legitimizes the benefits for a select group of people in a particular context. It also creates a business model for natural medicines. While first peoples of the world have been honoring the expansion of consciousness throughout generations and teaching these traditions to those who will carry them forward. Sacred ceremony should not be lost in our pursuit of knowledge. We have a great deal to learn from the wisdom of those who have come before us.
Whatever happens after November 2022 will decide the future of how psychedelic plants and fungi are carried forward in our western culture. It is important to come to these decisions with knowledge, wisdom, and an open curiosity for what is possible. We can no longer demonized these beautiful teachers. We have so much to learn from the medicines of the Earth. The mycelium is waking up and her fruiting bodies are emerging from the soil to awaken us to who we truly are. How will you engage?