The post Once a Pioneer in Cannabis, Oregon Blazes a Trail in Psychedelics appeared first on Psychedelia.
By Emma Stone
On November 3, 2020, a landmark law was passed in Oregon.
Measure 110 made Oregon the first U.S. state to decriminalize the possession of small amounts of drugs, including psychedelics. In the context of a War on Drugs that inflicted damage and division for almost 50 years, many view the measure as a watershed moment in American history. On the same day, Oregonians voted yes to Measure 109, enabling the Oregon Health Authority to create a program for licensed providers to administer psilocybin treatment.
Oregon appears to be leading the charge in adopting progressive drug policies. It was the first state to decriminalize cannabis (1973), the second to legalize medical marijuana (1998), and the third to legalize recreational marijuana (2014).
Now, Measures 109 and 110 are poised to transform the state’s social landscape, particularly with regards to psychedelic therapy.
What does decriminalization entail?
Decriminalization and legalization are not synonymous. Decriminalization means the personal possession or use of small amounts of drugs are no longer treated as a criminal offense. But that doesn’t mean that drug use and possession are legal, either — rather, they become viewed as civil violations.
“We use the word ‘decriminalized’ because drug possession penalties categorized for ‘crime’ have been reduced or removed entirely under state law, depending on the amounts,” explains Sean Clancy, an attorney at Emerge Law Group in Oregon who contributed to the drafting of Measure 109. “But there are still non-criminal, civil violations that can be imposed by the state for small, personal possession amounts — similar to a parking ticket.”
With Oregon being the first U.S. state to decriminalize, the ramifications of Measure 110 are more substantial than in cities that have taken similar measures.
“The progress in Denver, Oakland, Santa Cruz and other places is amazing, but I think many people have been confused by misuse of the word ‘decriminalization,’” says Clancy. “Those places just changed law enforcement policies and funding while state criminal penalties still exist, so they did not really decriminalize.”
Clancy notes that in Oregon, enthusiasm and optimism in response to Measure 110 abounds, but so does misinformation and misunderstanding. There’s still a certain amount of nuance to the new law.
“I hear stories of people who think it is totally legal to sell bags of shrooms or buy MDMA and that’s just not true,” he explains. “Enthusiasm is good, but I wish everyone were more careful and accurate with these issues so that people don’t rush in, do something stupid and get in trouble.”
Psychedelics Possession
Measure 110 decriminalizes small amounts of any drug for personal possession (not intended for distribution or commerce). It deescalates penalties for personal drug use and possession and also removes criminal penalty enhancements. The measure went into effect February 1, 2021.
Under the new law, the penalty for being found with a “small amount” of drugs is reduced from a Class A misdemeanor to a Class E violation, a newly created category of penalty, punishable by a $100 fine.
“In lieu of a fine, a person charged with that violation may instead complete a health assessment at an addiction recovery center,” Clancy adds.
For psychedelics, what constitutes a small amount depends on the substance in question.
In the case of LSD, for example, a small amount means the possession of fewer than 40 user units of LSD. For psilocybin and psilocin, a small amount is less than 12 grams. For MDMA, (ecstasy) the stipulated amount is less than one gram, or fewer than five pills, tablets or capsules.
So what happens if someone is found in possession of more than just “a small amount” of psychedelic substances?
“It’s still a crime in Oregon to possess more than ‘small amounts,’” Clancy says. While the possession of larger quantities of psychedelic drugs have been reduced from Class B felonies to Class A misdemeanors, they are still recognized — and punishable — as crimes. According to Clancy, Class A misdemeanors are punishable by up to 364 days of imprisonment and a fine of up to $6,250.
Engaging in activity that could be deemed a commercial drug offense is subject to even harsher repercussions — especially if it’s substantial enough to catch federal prosecutors’ attention.
The measure also makes a provision for setting aside money to create a new Drug Treatment and Recovery Services Fund. The two primary sources that will feed the fund include money taken from the Oregon Marijuana Fund and savings resulting from reductions in drug arrests, incarceration and supervision.
“Measure 110 is making leaps and strides toward progressive, enlightened, non-medieval drug policy,” says Clancy. “Forcing people behind bars and taking their money as punishment for having drugs has been causing more damage than good, at all levels of society.”
The Psilocybin Program
The decriminalization of psychedelics in Oregon, however, is only half the story. Measure 109 could be considered a companion, of sorts, to Measure 110, which allows for the manufacture and administration of a single psychedelic compound — psilocybin — at supervised, licensed facilities for individuals 21 years of age or older.
Matt Stang, co-founder and CEO of Delic Corp, a multifaceted psychedelics company, also points out that to some degree, Measure 109 works in tandem with Measure 110.
“By accepting the medical benefits of psychedelics for very common mental health issues, we can actually treat people, rather than punish them,” he says. “We expect this measure to help funnel many into treatment, prevent wasteful jail expenditures and help people live happier, more productive lives.”
Clancy is careful to point out that Measure 109 doesn’t legalize psilocybin. But the initiative is a legal nod toward peer-reviewed studies that indicate that psilocybin has shown efficacy, tolerability and safety in treating a range of mental health conditions such as addiction, depression, anxiety disorders and end-of-life psychological distress.
Measure 109 directs the Oregon Health Authority — after a two-year development period that lasts until December 31, 2022 — to issue licenses and regulate psilocybin products and the provision of psilocybin services.
Anyone involved with manufacturing, testing or facilitating the delivery of psilocybin will require training and licensing. According to Clancy, this actively regulated framework will see psilocybin only administered at licensed service centers, under the supervision of a licensed facilitator. The measure doesn’t allow for the retail sale of psilocybin, or the consumption or possession of psilocybin off-site.
Clancy, who helped draft Measure 109 alongside others at Emerge Law Group, believes the bill will do more than Measure 110’s objective of reducing harm, by opening up research and access to psychedelics for “healing and other constructive, positive societal and personal purposes.”
Oregon has one of the highest rates of mental illness in the nation, with an estimated 1 in 5 adults living with a mental health condition.
“Mental health, addiction and substance abuse still remain really big problems,” says Clancy. “You can hardly walk through downtown Portland without noticing someone having a mental health or substance-induced crisis.”
Stang, a longtime executive at High Times, notes that the use of psychedelics for mood-related disorders are more relevant than ever in the current global climate.
“Now that we are slowly coming out of a full-blown pandemic, mental health disorders are at epidemic proportions,” he says. “Mental illness has become the leading cause of disability, yet our health care system presently offers few cures for these conditions.”
Clancy also emphasizes that those who drafted the law deliberately selected language to allow for a range of options with respect to facility sites and facilitators.
“Our intent, at least, was to allow flexibility for locations — indoor or outdoor, upscale or budget-conscious options — but that could change based upon the OHA’s final regulations,” Clancy reflects. “From what I have seen, there is still room for variety, driven by science, but also driven by traditional wisdom from both the well-informed underground and the indigenous cultures who have been living with psychedelic plant medicines for generations.”
In essence, Measure 109 is about creating safe opportunities and safe spaces to take psilocybin, with the support of experienced facilitators on hand to offer support to individuals.
The Creation of a New Industry
Together, Measures 109 and 110 represent a concerted effort to reduce harm by decriminalizing psychedelic substances and harnessing the potential healing they can offer.
“In many respects, Oregon is taking a visionary approach and paving the way for the development of real psychedelic wellness,” Stang says. “We expect the psychedelic wellness industry will be particularly strong in Oregon and will serve as a model for other states in the near future. By eventually taxing and fully regulating the industry, we will be able to bring effective treatment to those who need it and serve the rest of the state’s residents through taxes and other measures.”
But Clancy also stresses that these landmark law changes do not translate into instant change. For those hoping to open a psilocybin facility, for example, there’s a lot of foundational work to do over the next two years.
“Based on my experience in the cannabis industry, I am expecting a bit of chaos and confusion for a while,” he says. “It’s like building the plane while trying to fly it, although we probably haven’t even left the hangar yet.”
Emma Stone is a science journalist specializing in cannabis and psychedelics. She has a Ph.D. in sociology and contributes regularly to platforms such as Leafly, Weedmaps, Leafreport and Psychedelic Science Review.