HomeMy WebLinkAbout19 23STATE OF WASHINGTON
COUNTY OF JEFFERSON
Resolution Requesting that the Arrest,
Investigation, and Prosecution of Individuals
Involved with Entheogen-related Activities be
Amongst the Lowest Priority in Jefferson
County and Declaring Support for Full
Decriminalization of these Activities
RESOLUTION NO.12 23
WHEREAS, "entheogen" is herein defined as the full spectrum of psychedelic plants, fungi, and
natural materials (including living, fresh, dried, or processed plant or fungal material, including
teas or powders) containing indole amines, tryptamines, or phenethylamines, including, but not
limited to, psilocybin mushrooms, ayahuasca, cacti containing mescaline, and iboga; and
WHEREAS, entheogenic plants have been considered sacred to human cultures for thousands of
years and used to inspire personal and spiritual well-being, restore psychological and physical
wellness, and enrich connection with nature. Such use has been continued within indigenous
cultures, religious/spiritual practitioners, healers, mental health professionals, and curious
individuals from around the world, many of whom have been forced underground; and
WHEREAS, chronic depression, anxiety disorders, addiction and drug overdoses, end -of -life
distress, intergenerational trauma, and other issues challenge our community; and
WHEREAS, both via scientific/clinical studies and within continuing community and personal
contexts, the use of entheogens has been shown to be beneficial in treating the above
conditions, as well as improving mental and socio-emotional health and supporting the well-
being of individuals and communities in general; and
WHEREAS, entheogens have been shown to alleviate symptoms of post -traumatic stress
disorder (PTSD) experienced by front-line workers and first responders such as healthcare
providers, paramedics, EMTs, police, firefighters, and military veterans; and
WHEREAS, entheogens have been shown to alleviate treatment resistant cases of opioid and
methamphetamine use disorders at significantly higher rates than other treatments for substance
use disorders, and to reduce prison recidivism; and
WHEREAS, entheogens are regarded as non -addictive and are not associated with violent
behavior, and their physical and psychological risks can be mitigated through screening
processes, guidance on appropriate dosages, education on safe and responsible use, and access to
support; and
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WHEREAS, the risks of engaging with entheogenic plants and fungi stem more from the effects
of them being criminalized than from any health risk of using entheogens themselves.
Criminalization limits access to accurate education, harm reduction information, and appropriate
training for first responders, and decreases the chance that those having a challenging experience
or an injury while using an entheogen will call for emergency support due to fear of criminal
repercussions; and
WHEREAS, decriminalization promotes equitable access by protecting against
commercialization and regulatory frameworks that limit access, ensuring that the benefits of
entheogens remain accessible to all adult members of the community who can thus pursue their
own chosen healing paths; and
WHEREAS, protecting the safety, welfare, health, and peace of the people of this state means
prioritizing this state's limited law enforcement resources in the most effective, consistent, and
rational way; and
WHEREAS, the so-called War on Drugs led to the unnecessary penalization, arrest, and
incarceration of vulnerable people, particularly people of color and people of limited financial
means; and
WHEREAS, the United Nations considers Entheogenic Plant and Fungi material used for ritual
purposes as excluded from Schedule 1 substances; and
WHEREAS, a variety of jurisdictions in the United States, including Oakland, CA; Denver, CO;
Ann Arbor/Washtenaw County, MI; Seattle, WA; Cambridge, MA; Washington, D.C.; and the
state of CO decriminalized entheogens, and legislators introduced similar bills in 2023 in CA,
NY, MI, and several other states; and various entheogens are legal or have been decriminalized
in several countries including Portugal, Brazil, Jamaica, and the Netherlands; and
WHEREAS, the Jefferson County Board of Health passed a resolution in July of 2021 supporting
the removal of entheogens and the psychoactive chemicals they contain from the jurisdiction of
the Controlled Substances Act and recommending that federal, state, and local law enforcement
agencies pursue a decriminalization strategy for adult use of entheogens; and
WHEREAS, Port Townsend City Council passed a resolution on December 20th, 2021
unanimously adopting a resolution declaring the use, growth, possession, and distribution of
entheogenic plants to be "among the lowest law enforcement priority for the City of Port
Townsend" and declaring that no city funds or resources should be expended towards law
enforcement activity concerning adult use of entheogens; and
WHEREAS, while recognizing that changing federal or state laws or penalties is beyond the
scope of its authority, the Board of Commissioners wishes to acknowledge the healing potentials
of entheogens for its local community and to declare its desire not to expend County resources in
any investigation, detention, arrest, or prosecution arising out of alleged violations of state and
federal law regarding entheogens.
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NOW, THEREFORE, BE IT RESOLVED by the Jefferson County Board of Commissioners,
that the Board:
Section 1. Supports decriminalization of these activities at the state and federal level and
commits to add to its agenda for the 2024 state legislative session support for full
decriminalization of entheogens, including advocating for no regulated legalization of any
entheogens without full decriminalization occurring first or within the same legislative session.
Section 2. Requests that the investigation, arrest, and prosecution of adults engaging in
entheogen-related activities, including but not limited to the cultivation, gathering, or sharing of
entheogens for use in religious, spiritual, healing, or personal growth practices when ingested out
of view of the public, should be among Jefferson County's lowest law enforcement priorities.
Section 3. Requests that no county resources are used to assist in the enforcement of laws
imposing criminal penalties for the safe planting, cultivating, purchasing, transporting,
distributing, possessing, or using entheogens by adults when no dangerous activity is present;
Section 4. Affirms that this resolution does not authorize or enable any of the following:
commercial sales of entheogens, possessing or distributing these materials in schools, driving
under the influence of these materials; or public disturbance. Further, this does not preclude
enforcing other laws when entheogens are present.
Section 5. Encourages relevant County departments to develop nuanced and adaptive responses
to the use of controlled substances to include harm reduction strategies, recognition of substance
use disorder as a public health issue, and to use the criminal justice system as a pathway to
treatment and recovery for individuals and to uphold public safety for our communities.
Section 6. Recommends that federal and state enforcement agencies move towards a
decriminalization strategy for adult use of entheogens.
Section 7. Emphasizes that this Resolution shall not be interpreted to prohibit or discourage the
filing of charges that are not covered herein.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED AND ADOPTED this
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Carolyn allaway, Oate
Clerk of the Board
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JEFFERS N COUNTY
MTY COMMISSIONERS
Greg Brotherton, Chair
Dean, Member
, Member
APPROVED AS TO FORM:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Heidi Eisenhour, Commissioner
DATE: May 1, 2023
SUBJECT: Resolution in support of decriminalizing entheogens
STATEMENT OF ISSUE: We have been asked to consider adopting a resolution requesting that the arrest,
investigation, and prosecution of individuals involved with entheogen-related activities be amongst the
lowest priority in Jefferson County and declaring support for decriminalization of these activities. We realize
that these changes need to be made at the state level to be truly effective, that our local sheriff and
prosecuting attorney are bound to uphold state law and that our communities' values indicate a desire for
change of laws regulating entheogens.
ANALYSIS: On April 24 we heard from constituents, and were joined by our Prosecuting Attorney and
Sheriff to discuss a draft resolution on the decriminalization of entheogens. Before us today is an updated
resolution which incorporates all of the changes discussed at that meeting.
Previously, all members of the BoCC have received multiple requests to support a resolution regarding
entheogens as many Jefferson County residents, especially local elders, are already working intentionally
with entheogens - often as end -of -life patients seeking support for end -of -life anxiety, people who are
seeking healing from addiction or PTSD, people seeking healing from other medical conditions, or people
simply seeking to become healthier in general. Access is limited to those who have privileged access and
connections. We agree that decriminalization creates a context where those who want to use these plants for
healing can be supported in doing so. It also reduces the harm that stems directly from criminalization,
regardless of one's intention for using entheogens.
With this resolution we will join with our colleagues at the City of Port Townsend and on the Board of
Health to support decriminalization of entheogens. And thus, this resolution is in support of changing laws at
the state and federal levels to more accurately represent our community's values.
FISCAL IMPACT: None.
RECOMMENDATION: Discuss and approve the resolution.
Mark McCa I , County Administrator Dat