Vermont Lawmakers File Bills to Legalize Psychedelics and Decriminalize All Drugs

Four major drug reform bills were introduced by Vermont legislators this month. Two would make it easier to possess drugs and provide more harm reduction services. Another would eliminate criminal penalties for selling or using psilocybin. A fourth would decriminalize certain psychoactive plants and fungi.

Even if the bills are approved by the legislature, they will face a hurdle in Gov. Phil Scott (R), who lastyear vetoed two bills that contained more restricted drug policy reforms.

H.423 is the new all-drug legislation. It was introduced by Reps. Logan Nicoll and Taylor Small (P/D). This bill has 47 co-sponsors. That’s nearly one-third of the 150-member House. Sen. Tanya Vyhovsky, (P/D), and ten other senators sponsored a companion bill to the Senate side, S.119.

H. 423 would make significant progress in building a better system for Vermonters with substance use disorders and to protect our neighbors from accidental overdose.

Learn more about the bill here: https://t.co/XUXdxAiWrd

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— Decriminalize Vermont (@DecrimVermont February 28, 2023

The proposed legislation would replace Vermont’s current misdemeanor or low level felony charges for simple drugs possession. Possession of “a personal supply of drug” would be a civil offense and subject to a $50 fine. By agreeing to take part in a screening for substance abuse disorder, people could avoid paying the penalty.

A $50 fine would also be imposed on anyone found to have “dispense” amounts below the personal usage thresholds. Supporters claimed that this was intended to allow small amounts of drug sharing.

This legislation would also lock criminal history records for past convictions for possessing less than the current personal use amounts. The proposal would be recommended to a new Drug Use Standards Advisory Board by Jan 2025.

According to the bill, another provision would create a pilot program that allows people to test their drugs for “determining the chemical composition of the substance” and identifying chemical contaminants. It adds that access to drug-checking services without fear of arrest or trial “would reduce the risk for accidental death and hospitalizations as well as allow real-time tracking and analysis of drug trends.”

The bill states that despite thousands of arrests for drug possession over the past decade, fatal overdoses have continued their rise. The criminalization of drug usage has had adverse effects on families, communities, and individuals. People of color have suffered the most, with studies showing that blacks were 14 times more likely to be charged in Vermont felony drug cases.

Decriminalize Vermont supports H.423. It stated that the measure would make significant progress in building a better system for care for Vermonters who might need services to treat substance abuse disorder and protect our neighbors from accidental overdose.

Dave Silberman (high bailiff for Addison County), told Marijuana Moment the proposal faces “serious” obstacles to becoming law in this session. However, there is growing support in the state to end the criminal drug war.

Silberman stated in an email that “Vermonters should be encouraged by the fact that 47 Representatives (and 11 Senators), including multiple committee chairmen and other senior legislators from both chambers, have signed as co-sponsors.” While there are still serious obstacles, including a governor who appears to believe that overdose death is acceptable to reduce drug use, we are closer than ever to ending this terrible War on Drugs. We can now usher in a new era of drug policy that is informed by compassion and evidence and which seeks to save lives and not souls.

He said, “We are here for the long-term, and we will triumph.”

Scott opposed any loosening of restrictions on psychedelics, despite widespread support from voters for criminalizing drug use. Two related drug reform bills were vetoed by Scott last year. One would have established a working group to prevent overdose and safe-consumption sites, and one would have allowed individuals to use drugs. This proposal would have also removed the distinction between crack cocaine and powder cocaine in sentencing, which critics claim unfairly punishes people of color.

Advocates last year conducted a survey and found that more than 4 of 5 Vermont voters (84%) were in favor of eliminating criminal penalties for simple drug possession. They also supported imposing a civil penalty in lieu of imprisonment and allocating resources to treatment and harm reduction. This support was reflected in the majorities of Democrats (91%), Republicans (68%), and independents (87%).

The bill allocates $300,000. However, it does not appear that additional funds are required for treatment or recovery.

Nicoll introduced similar legislation in last year , and for 2021. However, both attempts failed to move the measure forward.

Two Vermont bills were introduced this month that would focus on psychedelics and take a narrower approach to decriminalization.

One, HTML439 would remove mescaline, psilocybin and peyote as hallucinogenic substances from Vermont’s state-controlled definitions. Rep. Brian Cina (P/D) sponsored the measure. He has introduced similar legislation previously.

The other proposal, S.114 from Sen. Martine Gulick, would only remove psilocybin’s name from the state’s list of hallucinogens. It would also establish a state working committee to examine the substance’s mental and physical health benefits, and make recommendations for establishing a therapeutic program with psilocybin.

The Senate Health and Welfare Committee has referred the psilocybin bill as an individual bill, and the other bills will be referred to their respective judiciary committees.