HomeMy WebLinkAbout042823 FW_ Clarification on legalization vs decriminalization
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From: Port Townsend Psychedelic Society
Sent: Friday, April 28, 2023 10:22:46 AM (UTC-08:00) Pacific Time (US & Canada)
To: Kate Dean; Joe Nole; Heidi Eisenhour; Greg Brotherton; James Kennedy
Subject: Clarification on legalization vs decriminalization
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Hi all,
First, I want to express deep gratitude for our conversation last Monday. We want to do everything we can to support the healing work that happening in our community, while still respecting
the various roles and systems in which we are all embedded (and at the same time, finding creative ways to transform these systems into healthier ones). Our discussion on Monday felt
like a huge step in that direction. So thank you!
Today, I just wanted to send over some clarification/resources around the legalization vs. decriminalization discussion as that topic came up several times. And Sheriff Nole, thank you
for acknowledging the complexity of this issue at the end of Monday's meeting and being curious to learn more.
These days, while decriminalization is technically a form of legalization, most legalization bills are regulatory and only legalize entheogens (usually only psilocybin) within the context
of said regulated channels, while still leaving all use outside of these channels criminalized. These regulatory bills also vary on a spectrum from only allowing access in medical contexts
for those with certain medical diagnoses to access at approved facilitation centers for anyone who does not have contraindicated conditions or medications.
In Oregon, for example, psilocybin sessions are only legal at state approved facilities, with state licensed facilitators and psilocybin from state approved growing facilities (and are
looking to cost ~3500 per session, potentially much more). Possession of all substances, meanwhile, was decriminalized in Oregon, but this does not allow people to grow, gift, gather,
partake, engage in community circles with entheogens, etc.
Colorado, meanwhile, passed an initiative that including both a regulated system for psilocybin and also decriminalization of all entheogens for personal and community use (the latter
was only added after much community advocacy), which is what we would like to see happen here. However, a CO legislator is already trying to pass a bill to limit the decriminalization
elements of the bill, going against what the people of the state voted for.
In Washington, SB5263 was introduced this year and proposed a similar system to the OR one, with regulated legalization; it passed but in the reduced form of only creating a task force
and starting a pilot program at UW using psilocybin to treat first responders and veterans. Many community advocates fought for decriminalization measures to be added to the bill, but
the legislators sponsoring the bill were not open to this idea. We hope that with more advocates such as yourselves educating them, they will become more open. That said, there is another
organization working towards getting a decriminalization of entheogens initiative on the ballot, which just published its first draft - and your feedback is welcomed!: reachwa.org/draft
<http://reachwa.org/draft>
There are organized money interests pushing for regulated legalization only and unfortunately, those interests often end up being more influential in state and federal level politics.
Hence needing all the support we can gather, including advocates within our local community to pressure state government to listen to its constituents, as well as education on the topic
so people understand what they are asking for (many people show up at our PTPS meetings thinking they support legalization, but quickly realize their values actually match decriminalization).
Without increased advocacy or an initiative passing, the direction our state is headed is hence towards only a regulated legal model, which means most of the ways people in our community
currently work with entheogens (in community circles, in nature, with peer support, via microdosing, with underground guides, and/or growing or gathering our own medicine, etc) will
continue to be criminalized. Even worse, most regulated systems designate some of the funds they raise towards enforcing the regulatory rules and prosecuting those who operate outside
their channels.
These plants/fungi have always been held in community, but like so much in our healthcare and capitalistic systems, the push is to find ways to profit from these plants and fungi and
to use rhetoric around reducing risk via regulation to justify controlling how they are used. However, these compounds are extremely safe (I would argue much safer than driving, drinking
alcohol, taking pharmaceuticals, regularly eating unhealthy processed food, mountain climbing, etc) and people will continue to use them out of regulated contexts, so decriminalizing
them only works to reduce the risks through education, more access to safe containers and community support structures, people feeling safe asking for help when needed, and so forth.
Decriminalizing entheogens empowers our community to continue healing ourselves and supporting one another, rather than once again being diverted to a for-profit regulated system.
We would love to hear from all of you regarding your ideas on how we can both advocate for decriminalization of entheogens at the state level, while also creating local protections in
case a regulated psilocybin bill passes without also including decriminalization. We would also love your feedback on how to protect equitable access to entheogenic plants and fungi
by seeking to restrict any corporate activity that would diminish accessibility, diversity, or supply of entheogens.
And to be clear, we are not against an option of regulated legal access - if someone can afford that route and feels safest in that context, we totally support that being available,
as long as full decriminalization of entheogen-related activities (not just of possession) occurs first or at the same time. We believe decriminalization empowers all people to have
the basic right to access these plants/fungi (whether for healing, growth, or exploration) and that this right must be established and maintained upon legal, regulated channels being
created.
Thank you so much for reading and we look forward to continued conversation with you all - we very much value your perspectives.
Warmly,
Erin
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