Hawaii’s lawmakers are pushing a bill to provide protections for patients who engage in psilocybin assisted therapy after a doctor has approved it.
HB 2630, introduced by Rep. Della Au Belatti(D), does not legalize psilocybin. It would instead create a positive legal defense in cases of doctor-approved psilocybin possession and use, under the guidance of an experienced facilitator.
Hawaii’s House Consumer Protection and Commerce Committee voted on Wednesday 7-0 in favor of the proposal. One member who voted no expressed reservations about the bill, and five others were absent.
The bill has been approved by two other House panels before it reaches the House Finance Committee.
The measure was altered by a few amendments made before the committee’s latest vote. The lawmakers also added a definition of “primary caregiver”, and stipulated that the use of therapeutic psilocybin must be recommended only by licensed medicalprofessionals, rather than licensed professionals in mental health, as was provided in an earlier version.
The amended bill states that a primary caregiver is a person older than 18 years old who has agreed to take responsibility for the well-being and health of a qualifying patient.
Richard Onishi, (D), a member of the panel initially intended to vote against the measure. He expressed reservations because nothing in the bill seemed to require that psilocybin must be taken under supervision by a facilitator.
Onishi expressed his concern before the vote: “I am very concerned that a patient will be able take it without supervision, as the bill is written.” “Without a requirement that they be supervised, this bill is not something I can support.”
Onishi agreed to support the bill, but with reservations, after Committee Chair Rep. Mark Nakashima’s (D) offer to include a note in the committee report.
Some state agencies have supported the proposal, including the Disability and Communications Access Board and Governor’s Office of Wellness and Resilience. Other reform advocates include the Drug Policy Forum of Hawaii and the Hawaii Health and Harm Reduction Center, as well as the Clarity Project.
In a testimony submitted on the Bill, Nikos Leverenz wrote: “While this bill may not be as far-reaching than policies enacted in other states or being considered in those states, we hope that this calibrated method will facilitate therapeutic usage until the federal government removes psilocybin (psilocybin) from the Controlled Substances Act.
Some medical groups are opposed, such as the Hawaii Medical Association, Hawaii Academy of Family Physicians and the Hawaii Medical Association, who claim that there is still insufficient information on the safety and effectiveness of psilocybin. Both groups cited studies from 2016 and 2017 to support their positions.
Hawaii Medical Association wrote in a written statement that the doctors of the state “continued to support cautious, scholarly research into psychedelic therapies and encouraged the state to ensure psilocybin undergoes the same review as any other pharmacologic intervention.”
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.
Before the bill was passed through the two committees it had previously been before, the members adopted an amendment to add a defect date. This is a procedure to ensure that the legislation gets additional discussion before it’s enacted. The joint panels accepted technical amendments as well.
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 position regarding the reform proposal.
According to the law, medical professionals must first identify that a patient has at least one condition listed as eligible, and then make a recommendation on therapeutic psilocybin. Patients will be limited to five grams per session of psilocybin and must complete a session to prepare for the drug.
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 that shows 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 practitioner has recommended that the health benefits of therapeutic 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 administered and a session that follows. The proposal does not require patients to attend an integration session.
Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.
Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.
—
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 of, cultivation, use, transportation, or distribution of psilocybin.”
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.
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 a top priority for this legislative session. They framed the reform as an economic boost to the state.
The Senate has passed a separate bill for legalization that is stalling the House. Legislators have indicated that legalization could be passed in 2024.
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, who was against legalization because he did not want to do something 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 that, if elected to office, he would sign a law legalizing cannabis for adults. He also had some ideas on how the tax revenue might be used.
In April of last year, the Hawaii Legislature also passed a resolution urging the Governor to create a program for those with previous marijuana convictions.
Virginia’s competing marijuana sales bills differ on licensing, equity, taxes and more
Image courtesy of Workman.
The article Hawaii Panel Advances Therapeutic psilocybin bill that would protect patients from penalties first appeared on Marijuana Moment.
