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The New Guide on ‘How to Regulate Psychedelics” Lays Out a Four-Tier Model Focused On Nonmedical Usage

November 15, 2023 by Ben Adlin

The authors of a new guidebook encourage policymakers to adopt a more thoughtful and evidence-based regulatory approach, which they say is often overlooked in the “madness’ of the global war on drugs.

Since generations, governments have been regulating risky products and behavior. Steve Rolles is a senior policy analyst with the UK’s Transform Drug Policy Foundation. The foundation published the guide on Tuesday. He noted that governments already consider the risks and benefits associated with a wide range of products, including pharmaceuticals and dangerous sports. They also weigh consumer electronics, building material, and consumer electronics.

Rolles explained that “what Transform has done with this book and much of our historical work is simply apply that regulatory logic, that regulatory scholarship, to a series of products and behavior that have historically been outside of regulatory thinking due to the madness that was the war on drugs.” It’s basically applying social policy logic and thinking to these novel drugs and psychedelics,” Rolles explained.

Rolles said that the majority of public policy discourse today on psychedelics focuses on medical uses to treat conditions like PTSD, depression, and substance abuse disorders. He said that nonmedical uses, such as for personal development, recreation, and religion, have not been given much attention.

Ester Kincova is Transform’s Public Affairs and Policy Manager. She noted that the focus on medical and therapy uses of psychedelics have driven public debates and led to significant research. However, it risks ignoring opportunities for reform in other areas.

She said: “There’s a danger that legitimate access to psychedelics could be restricted to medical use.” “People who use psychedelics to treat other conditions may be left out.”

The 1st is a decriminalised private use model, that includes small-scale home cultivation, foraging, and not-for-profit sharing – activities that, by their nature, exist largely beyond the realm of formal regulation1/ pic.twitter.com/eKUfaoFfa2

— Transform Drug Policy Foundation 14 November 2023

The 124-page “How to Regulate Psychedelics : A Practical guide” outlines four major tiers for psychedelics regulations. The document warns against treating drugs as any other consumer products, by restricting advertising and setting guidelines on who can supervise facilited use. Transform published guides similar to those on cannabis, cocaine MDMA, and amphetamines.

The proposed four-tiered psychedelics regulations begin with a noncommercial legalization that allows for home cultivation, foraging, and sharing without profit. This model is similar to the “grow gather gift” model that many local reformers of psychedelics in the U.S. advocate.

The regulators will be more involved in the process as they progress.

The second tier was modeled on membership-based social club, nonprofit organizations that provide regulated access to drugs to a small number of members.

Kincova explained that the model is based on cannabis social clubs, which were pioneered by Spain. Although this is a new model, it has been used in Spain, Uruguay and Malta.

The third model is more traditional regulated retail, providing adult sales only for personal use of a variety of quality-controlled (plant and synthetic) products from licensed specialist vendors (physical & on-line stores).

3/ pic.twitter.com/PaG8MUmkH4

— Transform Drug Policy Foundation 14 November 2023

Transform’s guidebook has four tiers that regulate the commercial drug market. The third level is regulated by licensed retail and production businesses. This would reduce the appeal of drugs to children and promote public safety. Only safety and potency would be listed on the product packaging. Infused edibles that look like candy and other tempting treats would also be prohibited.

Rolles stated that “generally we do not think there should any branding or marketing.” “Our thing was that if you put any design elements onto it, you are going to influence the people’s experience… so let’s keep it as functional and simple as possible.”

He called infused edibles “a terrible idea”, noting that they can cause confusion in certain markets when they look like everyday snacks. Rolls told the audience that if you want to eat sweets, buy some Haribo.

Rolls compared the third tier with more tightly regulated marijuana retail markets, like Quebec’s state run stores.

The fourth regulatory tier is concerned with the facilitation of psychedelics. This approach is used in certain therapeutic systems such as Oregon. Transform states that such activities need to be regulated by an institution.

Rolles stated that the use of guided experiences can lead to exploitation and vulnerability, or even health emergencies. He said that steps must also be taken to stop false or misleading claims about medical conditions.

Rolles believes that the four levels can “operate in parallel” and accommodate different cultural practices and circumstances. For example, regulators might allow home cultivation of psilocybin mushroom or foraging, while also regulating the facilitation of LSD and DMT use at commercial facilities.

The book examines the details, context, and rationale of each of these models. It also explores issues such as preventing corporate capture of emerging markets, equity, social justice, indigenous use, and challenges to international law.

5/ pic.twitter.com/66Noup3HMz

— Transform Drug Policy Foundation 14 November 2023

Transform states that regulators should not only set rules but also monitor the markets and their development, and track social indicators such as health and drug usage, before any policy changes.

The role of commercial enterprises in the psychedelic industry was a theme that the Transform authors repeatedly touched upon during their presentation on Tuesday. The proposed regulatory models include for-profit businesses, but they also suggest some important limits on branding, advertising, packaging, and market share.

Kincova stated that “a vast amount of investor capital has already flowed into the psychedelics markets.” Any policy design should be aware of this risk, and any future regulatory frameworks must ensure they are designed to avoid the creation of monopolies.

Some cannabis markets limit the number of retail or production licenses that a single entity can hold. Other steps include creating alternative noncommercial models or limiting how many licenses a single entity is allowed to control.

Transform’s guide suggests that any regulatory model must include strong provisions on equity and justice.

Kincova stated on Tuesday that “any new emerging market presents an opportunity for ambitious planning.” “We think equity programs should be offered across the spectrum of these models,” Kincova said on Tuesday.

Equity programs must include removing financial barriers, giving priority to equity applicants in the licensing process, and offering wraparound services like legal, accounting, and workforce training. Kincova stated that “all of these are very important, but they must also be supported by continuous review to ensure they are achieving the stated outcomes.”

Rolls stated that international drug treaties would not prevent countries from regulating plant-based psychedelics. However, there could be problems with synthetics like LSD.

Transform’s new Guidebook can be downloaded as a PDF or in print from the website.

Rolls said that the document was aimed at policymakers, but would be of interest to anyone who is interested in the future after the drug war.

He said, “It is not enough to just say that the war on drug is a waste of time.” You can’t simply get rid of the war on drugs. It must be replaced with something that is credible and coherent that reflects the values of policymakers and that can be sold to citizens and voters.

Transform’s advice comes less than one month after , a coalition made up of international advocates, called for the end of prohibition and to legalize and regulate drugs. This report was produced in partnership with National Coalition for Drug Legalization, Students for Sensible Drug Policy and Law Enforcement Action Partnership. It argued that a “legal and regulated market for drug consumption is likely to result in less dangerous outcomes for society as a whole and for individuals who choose drugs.”

A report published by the International Coalition on Drug Policy Reform and Environmental Justice last month attacked the global war on drugs from a completely different perspective. It argued that prohibition has destroyed critical ecosystems and undermined efforts to fight climate change.

The three documents are part of a global shift in attitudes towards substances. In a report released in September, the United Nations highlighted the human rights concerns that have been raised by war on drugs. The report urged member states to move away from punitive policies and towards a public health-based approach. It said that treating drugs as a crime is only causing more harm.

In June, UN experts and leaders reiterated these points as part of World Drug Day.

The UN Chief Executives Board (which represents 31 UN agencies, including the UN Office on Drugs and Crime, UNODC), has adopted a 2019 position that states must pursue health-oriented, science-based drug policies, “including decriminalizing drug possession for personal consumption.”

Recently, Latin American and Caribbean countries agreed to rethink their drug war. According to a joint declaration issued by 19 countries, the current punitive approach has not achieved the expected results when combating the global drug problem.

A recent report from the organization Harm Reduction International revealed that wealthy nations gave almost $1 billion to advance the global drug battle.


Massachusetts Governor Files a Bill to Create Psychedelic Treatment Working Group for Veterans as Activists Push For Legalization on Ballot

Image courtesy of Wikimedia/Madi.

The post A New Guide on ‘How to Regulate Psychedelics,’ Outlines a Four-Tier Model Focused On Nonmedical Usage first appeared on Marijuana moment.

Ben Adlin
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