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Oregon will not be the solely jurisdiction with psilocybin (and different managed psychedelic plant substances) on the poll this fall. For our protection of Oregon’s Measure 109, see:

On the different aspect of the nation our nation’s capital has its personal poll initiative on psychedelics, Initiative 81, formally referred to as the Entheogenic Plant and Fungus Policy Act of 2020. Some information organizations have labeled Initiative 81 as a “decriminalization” measure, nevertheless it’s necessary to acknowledge that even when Initiative 81 passes, psychedelics gained’t be “legal” in D.C. Initiative 81 does the following:

  • It makes the “investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing, and/or engaging in practices with entheogenic plants and fungi among the Metropolitan Police Department’s lowest law enforcement priorities”; and
  • Codifies that “the people of the District of Columbia call upon the Attorney General for the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for these activities.”

So Initiative 81 doesn’t imply that individuals will not be prosecuted for the possession, cultivation and so forth of psilocybin and it doesn’t make psilocybin “legal” in any sense.  Psilocybin stays a Schedule 1 drug, which means the DEA says it has a excessive probability of abuse and no accepted medical use – identical to marijuana. (Though simply final 12 months the FDA granted psilocybin “breakthrough” standing for its potential in treating melancholy.)

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Rather than “legalizing” psilocybin in any respect, Initiative 81 merely declares that the War on Drugs because it pertains to psilocybin ought to be a low precedence for D.C. legislation enforcement.  In that respect, Initiative 81 is just like Measure 301, which handed in Denver, Colorado in 2019 and different measures handed in Santa Cruz and Oakland, California and Ann Arbor, Michigan.

Among the findings in Initiative 81 is that “practices with entheogenic plants and fungi have long existed, have been considered sacred to a number of cultures and religions for millennia, and continue to be enhanced and improve.” For extra on the use of psychedelics for spiritual functions, on that subject, see this wonderful article by my colleague, Griffen Thorne, and this one.

We at the Canna Law Blog assist Initiative 81, as we do Measure 109, and encourage our D.C.-based readers to vote Yes!  For extra studying on psilocybin see:

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