Officials in Massachusetts have confirmed that activists provided enough valid signatures to force legislative consideration of an initiative to legalize psychedelics , before the measure could be placed on the 2024 ballot.
The Secretary of Commonwealth William Galvin (D) certified that Massachusetts for Mental Health Options campaign (MMHO), collected 96.277 valid signatures for reform measure — about 20,000 more than was required to bring the issue before lawmakers.
The proposal has been sent to the legislative body.
Jennifer Manley said, in a Wednesday press release, that the committee’s spokesperson Jennifer Manley believes this brings psilocybin, and other breakthrough psychedelic treatments, one step closer to becoming available to adults who are dealing with depression, anxiety, and other mental health issues.
She said, “We look forward working with legislative leadership on the potential and promise of natural psychoedelic medicine while we continue to work to provide therapeutic accessibility to these groundbreaking therapies.” We thank the secretary, his staff and the volunteers who spent hours speaking to voters in the state for reviewing the nearly 100,000 support signatures.
The announcement was made after a review process that took longer than usual, due to the high number of ballot proposals circulated in preparation for the election cycle 2024.
The MMHO would establish a regulatory framework that would allow for lawful, supervised access to psychedelics in licensed facilities. The measure would legalize possession and gifting psychedelics like psilocybin or ayahuasca. However, it would not allow for retail commercial sales.
Sarko Gergerian said, “We’re on the brink of a major change in how we help people, who may think they’ve run out of options.” “Don’t lose hope. You and your loved one could soon have these options available to you here in Massachusetts.
After the state attorney general determined that both initiatives met the constitutional requirements for ballot placement in the following months the activists chose to pursue the version which included a home-cultivation option.
After the secretary of State has verified the number of signatures, the legislature can now choose to either enact reform, propose an alternative or refuse to act. If lawmakers do not legalize psychedelics before May 1, activists will have until July 3, 2019 to collect at least 12,429 valid signatures in order to place the proposal on the ballot for November 2024.
The key details about the Natural Psychedelic Substances Act are:
- Adults aged 21 and over can legally possess, grow, and share certain amounts psychedelics.
- These psychedelics are covered by the limits of possession: DMT (1 gram), mescaline non-peyote (18 grams), Ibogaine (30 grams), Psilocybin (1 gram), and psilocin (1 gram). These weight limits exclude any materials that contain active substances or are part of them.
- Possession of amounts up to the double limit will be punished by a civil fine of $100. Amounts above this amount are still criminalized.
- The Natural Psychedelic Substances Commission will be established to supervise the implementation of this law, and the licensing of service providers and facilitators.
- By April 1, 2026, the body, which will be modeled after the existing Cannabis Control Commission in California, must adopt rules for the regulated access to at least one psychedelic. The rest of the substances will need to have regulations in place by April 1, 2028. The application process would need to begin by September 30th 2026.
- The Natural Psychedelic Substances Advisory Board will “study and recommend” to the Commission about public health, regulation, training of facilitators, affordable access and equity, traditional use of psychedelics, and future rules including possible additions of legal substances.
- The tax on psychedelics bought at licensed centers would be 15 percent. Localities could also impose an additional 2 percent tax if the center is allowed to operate within their jurisdiction. The revenue would be used to finance the regulation of the program.
- No provisions are made for expunging previous convictions for actions that would become legal.
- Local governments can regulate the hours, locations and types of service centers in their jurisdiction, but cannot ban them outright.
- Adults can propagate psychedelics within a 12×12 foot space.
- Civil legal protections would apply to licensure of professionals, child custody, and public benefits if a psychedelic activity is legalized.
- The law will come into effect on December 15, 2024. Commission and advisory board must be established by March 1, 2020.
In November, activists hit a temporary roadblock after local officials raised concerns about a large batch of petitions which featured a union symbol in violation of state ballot rules. The campaign responded with an intensive signature-gathering effort, which more than made up for the shortfall.
Massachusetts Gov. Maura Shealey (D), recently introduced legislation which includes provisions to Create a psychedelics Working Group to Study and Make Recommendations About the Potential Therapeutic Benefits of Substances like Psilocybin or MDMA for Military Veterans.
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Bay Staters for Natural Medicine, a local psychedelics group, says it is preparing a revised version to be presented to lawmakers this spring. The group has previously supported the ballot measure version that allowed home cultivation. It now proposes to remove language about creating a regulatory panel to oversee the program.
BSNM helped implement local policies that deprioritized enforcement of laws against psychedelics. These cities include Salem, Somerville Cambridge, Easthampton Northampton Amherst Provincetown.
Separately in Massachusetts, a Republican legislator introduced three reform bills in April . These included proposals to legalize substances such as psilocybin, and reschedule MDMA while waiting for federal approval, with a price limit on therapeutic access.
Other legislators have introduced several pieces of legislation in Massachusetts to legalize entheogenic drugs for adults, as well as separate measures.
A second bill would allow the Department of Public Health (DPH) to conduct an extensive study on the therapeutic potential of synthetic psychedelics such as MDMA.
Rep. Mike Connolly, (D), also filed a 2021 bill that was heard by the Joint Judiciary Committee in . The hearing focused on the implications of legalizing substances such as psilocybin or ayahuasca.
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