Members of two Hawaii House Committees approved to create explicit protections for the therapeutic use of Psilocybin. Eligible patients will be able to possess the psychedelic and consume it under the care of a facilitator.
On Tuesday, the House Judiciary & Hawaiian Affairs Committee (D) and Health & Homelessness Committee (D) both passed the bill from Rep. Della Au Belatti with its amendments in separate votes of 7-1 and 100-0.
Last month, Sen. Chris Lee, sponsor of the Senate version of the measure, said that the measure was the result of a taskforce on breakthrough therapies created last year to investigate the issue.
HB 2630 does not legalize the drug psilocybin. It would instead create an affirmative defence for qualified patients and caregivers to effectively exempt them from state laws that prohibit psilocybin.
Before the bill was passed, members of the committee adopted an amendment that added a “defective date”. This is a procedure to ensure that additional discussion takes place before it becomes law. The joint panel accepted technical amendments, such as defining licensed mental health professionals.
The bill was also referred to both the Consumer Protection & Commerce Committee as well as the Finance Committee.
Hawaii Department of Law Enforcement’s (DLE) testimony acknowledged that psilocybin is “useful for mental health treatment,” yet they oppose the measure, claiming it to be “premature” and lacking “appropriate safeguards against diversion.”
The department recommended that lawmakers adopt legislative language to strengthen the proposal. This included sections on creating registration and inventory requirements for patients, as well as sections on maintaining records and inventories.
The Office of Wellness and Resilience in the Governor’s Office, which hosted a psychedelics Task Force that influenced the bill, gave testimony in support of it.
The OWR is proud to be a part of this bill and to have the opportunity to help support the program. The office stated that it would be participating in future conversations, as more dialogue is needed to ensure an effective and efficient implementation. This bill gives access to a second option for healing.
A representative of the Department of Health of the State (DOH) has been invited to comment on this measure. However, they have stated that the Department does not yet have a stance on the proposed reform.
According to legislation mental health professionals must identify patients as having one or more of the listed medical conditions and then make a recommendation on therapeutic psilocybin. Patients will be limited to five grams per session of psilocybin and must complete a pre-treatment session before the drug is administered.
Conditions that would be eligible for treatment with psilocybin include post-traumatic disorder (PTSD), treatment-resistant depression, major depressive disorders, end-of life anxiety, existential stresses and demoralization, eating disorders like anorexia, bulimia and substance abuse disorders, and obsessive-compulsive disorder. The state Department of Health could add additional qualifying conditions in response to patient or mental health professional requests.
In its findings section, the bill states that “Psilocybin shows promising potential in treating mental health disorders.” It cites research showing how the substance is effective at treating a variety of medical and mental conditions. It adds that voters in Oregon and Colorado have already passed laws licensing and regulating the substance, while other states are seeing similar legislative efforts, taskforces and proposals to expand their research.
The measure states that “the purpose of this Act” is to protect people with mental illnesses and trauma who are unable to be treated by conventional methods from being penalized for using psilocybin as a therapeutic tool when a licensed mental health professional has recommended that the health benefits of psilocybin use would outweigh any risks.
The facilitators would have to meet certain requirements, such as being at least 21 years old, possessing a high school diploma or an equivalent degree, and being residents of Hawaii. The OWR has approved a curriculum for a “psychedelic training program”.
All facilitators will need to provide support for patients at three stages of the psilocybin therapy: a preparatory session, a session on administration and a session on integration. The proposal does not require patients to attend an integration session.
Hawaii’s legislation, as drafted, does not allow for a regulated psilocybin market similar to those in Oregon and Colorado. The legislation does not directly address how patients or facilitators could obtain psilocybin. However, it defines “therapeutic” use as “the acquisition of, possession, cultivation or use of psilocybin or paraphernalia, as well as its derivatives or distribution.”
The police would have to return any therapeutic psilocybin product they seize after the defendants prove in court that it is compliant with the therapeutic system. Falsely claiming that you are protected under the law would, if it were passed, be a minor misdemeanor punishable by a $500 fine.
Hawaii legislators introduced bills and resolutions in recent sessions to encourage research into psychedelic therapies, but they were not ultimately passed.
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This session, lawmakers will also be considering a a data-google-interstitial=”false” href=”https://www.marijuanamoment.net/hawaii-ags/marijuana legalization bill formally lands in state legislature but advocates urge major revisions/” rel=”noopener” target=”_blank>300+ page marijuana legalization bill drafted by the state attorney general’s office. The state’s attorney general’s office has drafted a 300+ page marijuana legalization measure that will be considered by the legislature.
The Democrats who control the Hawaii Senate announced last month that legalizing cannabis is one of the top priorities for this legislative session. They framed the reform as a way to boost the economy of the state.
The Senate has passed a separate bill for legalization that is stalling the House. Legislators have indicated that 2024 could be the year when legalization is passed.
The AG’s Office defended a previous version of the legislation it had put forward earlier in the month, after Honolulu prosecuting attorney Steve Alm stated that law enforcement is firmly opposed to legalizing marijuana. David Day, an assistant special in the Attorney General’s Office, stated at the time that Alm’s concerns were exaggerated and that the legalization measure put forward took law enforcement perspectives into consideration.
In the two-year session of the legislature, a separate legalization measure that passed the Senate in march is still under consideration.
Under the former Democratic Governor. Dave Ige resisted the legalization of marijuana in part because, he claimed, he did not want to do anything that would conflict with federal law. Since Gov. Josh Green (D), who took office in January, has given activists more confidence. Green stated in 2022 he would sign a law to legalize marijuana for adults, and had already thought of ways tax revenue could be used.
In April of last year, the Hawaii Legislature also passed a resolution urging the Governor to create a program of clemency for those with previous marijuana convictions.
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Image by Kristie Gianpulos.
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