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Connecticut Lawmakers consider psilocybin decriminalization bill in joint committee hearing

March 6, 2024 by Kyle Jaeger

Connecticut lawmakers debated a bill Wednesday in committee that would criminalize low-level psilocybin possession, despite recent comments from the Governor’s Office that they have concerns over the reform.

The Joint Judiciary Committee of the legislature considered the proposal. It would punish possession of up half an ounce or psilocybin with a fine of $150, but not jail time.

A second or subsequent offense would be subject to a minimum fine of $200, but no more than $500. If a person pleads no contest or guilty on two occasions, they will be sent to a drug-education program.

Under the measure HB 5297, police would have to seize any amount of psychedelics they found and destroy them. Possession of more that a half ounce of psilocybin will be a Class A misdemeanor.

Jess Zaccagnino of the ACLU of Connecticut told the committee the organization was “opposed to criminal prohibition of drugs including psilocybin.”

She said: “Prohibition is not only a failed drug control strategy but it also subjects law-abiding people to arrests, prosecutions, and imprisonment for what they do privately.” In trying to enforce its War on Drugs policy, the government violates fundamental rights such as privacy and autonomy that are guaranteed under our Constitution.

Last Prisoner Project Executive Director Sarah Gersten said that it was “imperative” that criminal penalties be eliminated and retroactive aid provided to those who suffered from the negative consequences of the failed drug war in the United States.

She said that while LPP “strongly” supports the measure, it also urges the legislature to include provisions “to ensure that individuals with criminal histories for offenses which this bill seeks decriminalize can be eligible for record clearing under the same program as cannabis erasure.”

Rep. Tracy Marra, (R), testified against the legislation. She said that Connecticut “lacks resources to assess and control psilocybin in an effective manner” and that the FDA would be a better agency to handle such regulations.

She said that by letting the regulatory process run its course, she could ensure that, if it is deemed safe and effective, psilocybin would offer promising results under controlled measures. “Premature criminalization could inadvertently send the message to our citizens that casual use of psilocybin would be safe, which is false based on what we know today.”

The state’s Judicial Branch has said that it “takes no stance on the policy furthered by this bill,” but is asking legislators to clarify certain provisions. This includes the referral of people who are repeatedly caught with psilocybin to drug education programs.

Victor Constanza of Connecticut for Accessible Psychedelic Medicine testified in the hearing on Wednesday, describing how he managed post-traumatic disorder (PTSD), borderline personality disorder, and alcohol use disorder using psilocybin.

He also argued for the decriminalization of home cultivation of psilocybin , noting that spores from the mushrooms are federally illegal, according to a memo issued by the Drug Enforcement Administration (DEA).

The Senate did not pass the version of the bill decriminalizing psilocybin that passed the House in 2010.

In January, legislators and activists met to discuss potential pathways for regulated access to substances like psilocybin as well as the therapeutic potential.

While the bill is under consideration, the Governor’s office has been notified. Ned Lamont, a Democrat, has indicated that the legislation may be faced with a major obstacle to its enactment.

In January, David Bednarz, a spokesperson for the governor, said that he was concerned about a decriminalization bill in 2024. He noted that it was still “too early” to speculate at the time because no legislation had been filed.

Lamont reportedly threatened a veto when the previous version of decriminalizing possession of psilocybin was advanced last year. This is despite his having championed, and signed into law, legislation to legalize marijuana in 2021.

Lamont signed in 2022 a budget bill that included provisions to allow certain patients to access psychedelic assisted treatment, using substances such as MDMA and Psilocybin.

He also signed a separate law in 2021, which required that the Department of Mental Health and Addiction Services of the state establish a taskforce to study the therapeutic potency of psilocybin mushroom.

From his perspective, however, a decriminalization that is broad and includes so-called “magic mushroom” may be too much.

Separately, a Connecticut lawmaker also introduced different legislation last session that would have appropriated an unspecified amount of state funds to the Department of Mental Health and Addiction Services for the current fiscal year to establish a “psychedelic-assisted therapy pilot program.”

In this session, a growing number of state legislatures are working on psychedelics legislation reform, with an emphasis on research and therapeutic accessibility.

On Tuesday, a Missouri House Committee unanimously approved a bill that would legalize the use of psilocybin for medical purposes by veterans as well as fund studies to explore the therapeutic potential.

Last week, a Vermont legislature panel continued to examine a bill which would legallyize psilocybin and create a working group for how to regulate psychedelics further for therapeutic use.

Last week, the Arizona Senate also passed a bipartisan measure that would allow psychedelic to be administered in medically-supervised settings.

Recently, the governor of New Mexico endorsed a newly passed resolution that requested state officials to research the therapeutic potential psilocybin as well as explore the creation a regulatory framework for providing access to psychedelics.

A senator from Illinois introduced a bill to legalize and regulate access to psilocybin at service centers within the state, where adults can use the psychedelic under supervision. The program will eventually include mescaline and ibogaine.

Alaska House and Senate Committees are considering legislation to create a taskforce to examine how to license, and regulate, psychedelic assisted therapy. This is in anticipation of a federal legalization at some point of substances such as MDMA and Psilocybin.

Hawaii lawmakers are also advancing a bill that would provide some legal protections for patients who engage in psilocybin assisted therapy after obtaining a doctor’s approval.

New York legislators also stated that a bill that would legalize psilocybin assisted therapy in the state had a “real shot” at passing this year.

A Republican-led Indiana House committee has approved a bill that funds clinical research trials on psilocybin. The full Senate has already passed the bill.

Recently, bipartisan California legislators introduced a bill that would legalize psychedelic services centers, where adults aged 21 and over could have access to psilocybin MDMA mescaline DMT and other psychedelics in a supervised environment , with trained facilitators.

In January, a joint Nevada legislative committee heard expert testimony and public testimony about the therapeutic potential for substances such as psilocybin. In January, law enforcement officials also expressed their concerns about legalization. However, there was a notable acknowledgment that reforms could be implemented including rescheduling.

The Governor of Massachusetts recently promoted the testimony from activists who spoke out in support of her veterans’ bill. This bill would, among other things, create a work group for psychedelics to investigate the therapeutic potentials of substances like psilocybin.


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The post Connecticut Lawmakers Discuss Psilocybin decriminalization bill in Joint Committee Hearing first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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