PsychedeLinks is a curated selection of top news stories impacting business, research, and culture in the psychedelics ecosystem, crafted by Emerge Law Group’s groundbreaking Psychedelics Group.
Emerge’s Hot Take
Oregon Governor Signs Bill Criminalizing Drug Possession
On Monday, April 1, Gov. Kotek signed HB 4002 which take effect on September 1, 2024. While the bill increases the available funding for substance abuse treatment, it also recriminalizes possession of small amounts of Schedule I substances including psilocybin and psilocin, in effect reversing a significant portion of Oregon’s 2020 Measure 110.
Under the new law, those found in possession of less than 12 grams of psilocybin or psilocin may be charged with a “drug enforcement misdemeanor”, subject to a maximum sentence of 180-days. Harsher criminal penalties can occur depending on the possession amount and other factors. A key feature of the law allows for entry into a treatment program in lieu of incarceration for drug enforcement misdemeanors; however, each county can decide whether it wishes to offer a treatment program alternative and leaves the county responsible for enforcing its own diversion program.
Proponents of the law hope that the opportunity for diversion will connect more people with treatment services, ultimately reducing the number of overdoses and deaths. Opponents worry that giving counties discretion to adopt diversion programs will severely limit access to treatment and increases in misdemeanor drug possession charges will necessitate increases in funding to public defense and safety programs that will in turn defund much needed services such as housing and treatment programs. Additionally, supporters and adversaries alike are concerned the law will have a disproportionate impact on people of color. “We have received many inquiries recently about the possible effects of HB 4002 on Oregon’s legal psilocybin services program,” says Emerge attorney Kaci Hohmann. “While the bill does recriminalize personal possession of psilocybin, it is important to distinguish between personal possession and services provided under Oregon’s Psilocybin Services Act. The passage of HB 4002 in no way affects the legality of psilocybin services by licensed facilitators at licensed service centers.”
Other Noteworthy News
Missouri House Approves Budget Bill with $10 million to Research Psilocybin as Treatment for Opioid Addiction
MARIJUANA MOMENT – “Missouri’s House of Representatives gave final approval to a budget bill on Thursday that would spend $10 million from state opioid settlement funds to study the use of psilocybin to treat opioid use disorder. The bill for a short time would have instead put the $10 million toward grants to study ibogaine, another psychedelic, as a possible treatment […] But earlier this week on the House floor, that provision was adjusted to fund psilocybin research instead. ‘[The state Department of Mental Health] had concerns about the ibogaine research they had read, and there are concerns about the dangers involved in that research,’ [Rep. Cody Smith (R)] said. ‘However, they are interested in the psilocybin piece. And we’ve seen many other states use their opioid settlement funds to that end.’ The provision in its current form would take a one-time $10 million deduction from the state’s Opioid Addiction Treatment and Recovery Fund and use that money to award grants to research universities to study psilocybin as a treatment for substance use disorder.”
Colorado Sees First Magic Mushroom Bill of 2024
WESTWORD – “The bill wasn’t introduced until the final month of the legislative session, but Colorado lawmakers will soon consider a proposal aimed at further regulating the state’s upcoming medical mushroom program. [According] to the legislative summary, SB 21-198 would:
- Authorize the director of the Division of Professions and Occupations in the Department of Regulatory Agencies to approve facilitator education and training programs;
- Exempt facilitator education and training programs from regulation as private educational schools;
- Update rule-making by the Department of Public Health and Environment and the Department of Revenue related to laboratory testing and certification of natural medicine products;
- Prohibit individuals, rather than all persons, from having a financial interest in more than five natural medicine business licenses;
- Clarify that a person may operate a natural medicine testing facility at the same location as a regulated marijuana testing facility; [and]
- Specify which transfers and distributions of regulated natural medicine and regulated natural medicine products are authorized between persons licensed as healing centers, facilitators, natural medicine cultivation facilities, and natural medicine manufacturers.
The NMD [Natural Medicine Division] and DORA [Colorado Department of Regulatory Agencies] are still holding public rulemaking sessions regarding the business and practice of licensed natural medicine, and are expected to finalize their regulations this fall.”
LISTEN: Wisconsin Public Radio: To the Best of Our Knowledge
LUMINOUS – “In ‘Luminous,’ TTBOOK executive producer Steve Paulson explores the philosophical and cultural implications of psychedelics through conversations with scientists, healers and religious scholars.”
LISTEN: America Goes Psychedelic, Again
REVEAL – “For 50 years, the idea of making psychedelic drugs legal again was unthinkable. Now, even conservative lawmakers are supporting efforts to approve psychedelics as a treatment for veterans with PTSD.”
Subscribe
Subscribe to PsychedeLinks to receive essential biweekly articles on news, business, and culture in the psychedelics industry, delivered straight to your inbox.
