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InvisibleveggieM

Registered: 07/25/04
Posts: 17,538
[CA] Berkeley to vote on major psychedelic drug reform law * 1
    #28387849 - 07/07/23 01:34 AM (10 months, 7 days ago)

Berkeley is close to becoming the latest city to reform psychedelic drug laws
July 6, 2023 - SFGATE

The Berkeley City Council plans to vote on a major piece of psychedelic criminal reform next week that instructs local law enforcement to no longer arrest people for personal use of some psychedelic drugs.

The proposed legislation instructs the Berkeley Police Department to no longer enforce criminal laws against the possession or use of natural psychedelic drugs like psilocybin mushrooms and ayahuasca. The proposed law would not apply to synthetic psychedelics like MDMA or LSD, and the law would not apply to any gifting or sales of psychedelics.

The council plans to vote on the measure at their Tuesday meeting next week, according to a council agenda released Thursday.

Berkeley has been considering psychedelic reform since at least 2019, but the measure stalled during the COVID-19 pandemic because of disagreements over how to handle synthetic psychedelics.

This time around, there are indications the measure may very well pass. Last month, the measure received a recommendation for approval from Berkeley’s Health, Life Enrichment, Equity & Community Committee. Council Member Sophie Hahn, the committee’s chair, is sponsoring the legislation.

Dahlbacka said she expects the measure to succeed. “I would be surprised if it doesn't pass,” Dahlbacka said. “I am a little surprised that Berkeley didn’t follow on Oakland’s heels quicker with the deprioritization ordinance.”

Cities across the country have moved to reduce criminal penalties for using and distributing psychedelic drugs in recent years, as advocates argue that criminalization of drugs is not an effective way to regulate these substances. The Bay Area has been a leader in the psychedelic reform movement, with Oakland, San Francisco and Santa Cruz passing similar measures that make possession of psychedelics a lower priority for law enforcement.

There’s also increasing evidence that psychedelics can be effective medicines for various mental and physical disorders. Both psilocybin and MDMA are expected to gain FDA approval in the coming years as treatments for depression and other mental health disorders.

In an attempt to discourage the sale of drugs like psilocybin mushrooms, the Berkeley measure instructs law enforcement to continue enforcing laws that prohibit the transfer of all psychedelics. That separates Berkeley’s proposed law from Oakland’s law, which specifically deprioritized “planting, cultivating, purchasing, transporting, [and] distributing” psychedelics. Oakland has seen a growth in the commercial sale of psychedelics following the passage of their law, with some convenience stores openly selling magic mushroom chocolate bars in the city.

Synthetic psychedelics like LSD and MDMA — as well as peyote, a cactus that contains a psychedelic substance called mescaline — are also excluded from Berkeley’s resolution. Peyote is used as a spiritual sacrament by some Native Americans who have asked that its use not be decriminalized because of concern over the unsustainable harvest of the cactus.

Measures like the one proposed in Berkeley are often described as “decriminalization” laws, but that is not accurate, according to Ariel Clark, a California attorney who specializes in psychedelics.

“Berkeley’s resolution is as close to decriminalization as a local government can go, but it is squarely not a decriminalization law. Local governments (cities and counties) don’t have the authority to decriminalize psychedelic substances that are currently scheduled within criminal laws, but they do have the authority to decide how resources are spent,” Clark said in an email. 

Dahlbacka said that Berkeley’s measure is still an important step forward and could signal to the state legislature that psychedelics should be decriminalized at the state level.

“I think every city and county that takes a step towards as much decriminalization as they can is an indication to the state that we are ready to move forward, and that may be a signal when we have got a really important [psychedelic decriminalization] bill up at the state that is facing intense opposition,” Dahlbacka said.

State Sen. Scott Wiener, a Democrat representing San Francisco, proposed a law last year that would fully decriminalize some psychedelic drugs. A hearing on the state bill is scheduled for July 11.

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