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Berkeley, California City Council Approves Psychedelics Reform Resolution

July 12, 2023 by Kyle Jaeger

The Berkeley City Council in California has passed a resolution to deprioritize enforcement of laws that prohibit psychedelics.

The measure was adopted by the members on Tuesday night as part of the consent calendar. This came just hours after the state Assembly passed a bill to legalize possession and facilitate use of certain psychedelics such as psilocybin or ayahuasca.

The Health, Life Enrichment, Equity & Community Committee of the Council had previously approved the local resolution, which was sponsored by Councilmember Sophie Hahn.

Hahn, speaking before the vote, said that Berkeley has been a pioneer in progressive legislation for criminal justice reform and cannabis reform. “Today’s resolution builds upon that legacy.”

The proposal asks police to reduce the enforcement of the laws against all entheogenic drugs, except for mescaline derived from peyote.

In the whereas section, it is noted that a number of Californian municipalities — such as Oakland or Santa Cruz — have already taken steps to reform local psychedelics.

It adds that “there are criminal justice concerns associated with investigating, arresting, and incarcerating people for personal use of entheogens/psychedelics, and it is important to balance criminal justice concerns with public health concerns when crafting just and responsible policy.”

Further, the resolution makes it the official policy of the city for local law enforcement to “de-emphasize the use of City funds and resources to assist in the enforcement of laws imposing criminal penalties for the possession of plant- or fungus biosynthesized psychedelic drugs for personal use and for the cultivation, processing, and preparation of psychedelic-drug-containing plants and fungi for personal use.”

The proposal prohibits the gifting, distribution, sale or administration of psychedelics.

The measure was modified before the voting in order to incorporate the input of the City Attorney’s Office. The reform was amended to include a clarification that it does not allow people to administer or share entheogenic fungi and plants with groups and organizations. Originally, it said that people were not allowed to give away psychedelics.

The resolution states that “The City of Berkeley declares support for a comprehensive, transparent public discussion about how to make psychedelics more accessible in a way that is safe, ethical, and fair, and urges California State Legislatures to participate in this discussion and consider passing legislation to address the relevant issues.”

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The measure approved by the Council on Tuesday is a modification of an proposal for psychedelic reform that was approved previously by the Berkeley Community Health Commission.

The resolution does not explicitly refer to SB 58. This is a bill by Sen. Scott Wiener, (D), that has passed through the state Senate and is making its way up the Assembly committee levels.

Last month, Wiener stated that the proposal was facing a “challenging path” towards passage due to its unexpected referral to Assembly Health Committee. However, the bill has overcome this obstacle after the panel voted on Tuesday to send it to the next Committee.

SB 58 legalizes the “possession or preparation of, obtaining or transporting” specified amounts of DMT, mescaline, DMT-ibogaine, and psilocybin for personal use or facilited use. A recent amendment, however, makes it so that communal use can only be authorized once the state has developed a regulatory framework.


Massachusetts Marijuana sales hit a new record high of $152 million in June, with the state nearing $5 billion in recreational purchases since market launch

Image courtesy of Workman.

The article Berkeley City Council approves Psychedelics Reform Resolution first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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