News & Politics

Oregon initiative would decriminalize psilocybin

Signature gathering for 2020 is about to get underway.

psilocybin cubenis
Photo Credit: A.HASAN. / Flickr

An initiative that would decriminalize most psilocybin offenses and open the door to regulated production and therapeutic use of the psychedelic substance in Oregon is moving forward.

Late last month, the secretary of state approved ballot title language for the Oregon Psilocybin Service Initiative. The next step is a signature-gathering drive to qualify the measure for the 2020 ballot. Some 117,578 valid voter signatures are required, and petitioners have until next July to obtain them.

Under the initiative, anyone possessing up to 50 grams of dried magic mushrooms or 10 doses of psilocybin would not be charged with a crime, but with a violation similar to a speeding ticket. The only punishment would be a fine. Similarly, distribution of up to 50 grams or 10 doses without a license would be a violation—unless that person has two or more prior felony convictions, in which case, he would be hit with a misdemeanor.

As quantities possessed increase, so do the potential penalties. Possession of more than 50 but less than 100 grams would still be a violation, except for the two-prior-felonies folks, who would then face a misdemeanor. Possession of more than 100 grams but less than 500 would still be a violation, except for people with one or more previous felonies, who again would face a misdemeanor. Possession of more than 500 grams but less than a kilogram would be a misdemeanor for all. It would take possessing more than two kilograms to earn a felony charge for all.

Similarly, unlicensed sales of up to 50 grams or 10 doses would not be a crime but a violation punishable only by a fine—unless that person has two or more prior felony convictions, in which case, he would be hit with a misdemeanor. Penalties gradually stiffen, but under the initiative, it would take the sale of more than 15 kilograms to trigger felony charges for anyone regardless of prior criminal history.

Under federal law, possession of any amount of psilocybin is a felony. Under Oregon state law, though, possession of small amounts is only a misdemeanor, although possession of “substantial amounts” (more than 60 grams) is a felony, as is distribution.

But while the changes in the state’s criminal code would be significant, the primary goal of the petitioners is to clear the way for the therapeutic use of psilocybin via licensed and regulated producers, processors, and therapists.

“The intent of the 2020 Psilocybin Service Initiative of Oregon is to advance a breakthrough therapeutic model currently being perfected in research settings at top universities around the world,” chief petitioners Tom and Sheri Eckert wrote on the campaign website. “The service model involves a sequence of facilitated sessions, including assessment and preparation, psilocybin administration, and integration afterward. We envision a community-based framework where licensed providers, along with licensed producers of psilocybin mushrooms, blaze trails in Oregon in accordance with evolving practice standards.”

The move comes as both the public and the scientific community are shifting their opinions on marijuana and psychedelics. Recent studies have demonstrated the beneficial effects of therapeutic use, including reducing anxiety in people with cancer and as a treatment for depression and alcoholism. There is also new evidence that magic mushrooms are among the safest recreational drugs.

Oregon was a leader in marijuana decriminalization in the 1970s, medical marijuana legalization in the 1990s, marijuana legalization in 2014, and drug defelonization last year. Now, it’s poised to lead the way on psychedelics.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

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Phillip Smith has been a drug policy journalist for the past two decades. Smith is currently a senior writing fellow at the Independent Media Institute