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Illinois Lawmaker Introduces Psychedelics Legalization Bill
An Illinois state lawmaker has introduced legislation to legalize natural psychedelics including psilocybin for therapeutic use.
An Illinois state lawmaker has introduced a bill that would legalize psychedelics including psilocybin, the primary psychoactive compound in magic mushrooms, for therapeutic use. The bill, dubbed The Compassionate Use and Research of Entheogens (CURE) Act, was introduced by Democratic state Representative La Shawn Ford on Wednesday.
The bill, which Ford unveiled on the opening day of the new legislative session in Illinois, would create a regulated psychedelic therapy program that would be overseen by an advisory committee. The measure, which has been designated as House Bill 1 (HB1), also removes the criminal penalties for the personal use of psilocybin, a provision Ford said in a statement was needed to protect patients and providers. Ford noted that while existing criminal prohibitions on the drugs are rarely enforced, “formally removing them ensures that patients won’t be turned into criminals simply for seeking health, healing and wellness.”
“I’ve been seeing more and more legitimate scientific evidence, including information coming from the FDA, showing that psychedelic therapy is not only safe, but also very effective, particularly for the toughest patients for whom other treatments have not worked,” Ford said in a press release about the legislation. “At the same time, I am also hearing from patients and from their medical providers, that Illinoisans should have access to these exciting new treatment options.”
HB 1 Legalizes Psychedelic Therapies in Illinois
Under the legislation, adults aged 18 and up will be permitted to seek supervised psychedelic therapy from trained facilitators. Psychedelic compounds used under the program must be produced and tested at licensed facilities. Ford stressed that while the measure legalizes possession of psychedelics, it does not authorize any type of commercial sales of entheogenic compounds.
“I want to be clear that this is a health measure. My proposal does not allow retail sales of psilocybin outside of a regulated therapeutic setting and ensures that medicines purchased for therapeutic use at a service center must be used under medical supervision, and cannot be taken home,” said Ford. “Only licensed facilitators will be allowed to provide treatment at closely regulated and licensed healing centers, approved health care facilities, in hospice, or at a pre-approved patient residence.”
Ford noted in his statement that a growing body of research into entheogenic plants and fungi such as psilocybin is showing that the drugs have the potential to treat a wide range of mental health conditions, including depression, post-traumatic stress disorder, and anxiety. Psychedelics may also be effective treatments for neurological conditions such as cluster headaches, migraines, cancer, and phantom limbs. Psychedelic-assisted therapy is so promising that psilocybin has been given “breakthrough treatment” status designation by the FDA.
Bill Marks A New Step In Psychedelics Policy Reform Efforts
Although the bill is focused on naturally occurring psychedelic compounds, Joshua Kappel, founding partner of the cannabis and psychedelic law firm Vicente Sederberg LLP, notes that the bill’s provisions are not limited to traditionally cultivated or foraged entheogens. The difference marks a significant evolution of psychedelics policy reform efforts, which so far have resulted in two states legalizing psilocybin for therapeutic use.
“It builds off Colorado and Oregon in a very thoughtful and progressive way, including permitting synthetic varieties of the natural medicines permitted in Colorado,” Kappel writes in an email to High Times, “which is key development from a sustainability perspective.”
House Bill 1 has already gained the support of a broad coalition of medical and mental health professionals, researchers, patients, and grassroots psychedelic reform activists. Many have joined forces to form Entheo IL to lead the psychedelics policy reform efforts in Illinois.
“The push for legal access to entheogenic medicines is broad at the state level, such as in Oregon and Colorado, as well as at the federal level,” Jean Lacy, the executive director of the new group, said in a statement. “This legislation will ensure Illinois is a leader in developing the infrastructure needed for this work.”
Source: https://hightimes.com/psychedelics/illinois-lawmaker-introduces-psychedelics-legalization-bill/
New Mexico regulators fined a cannabis operator nearly $300,000 and revoked its license after the company allegedly created fake reports in the state’s traceability software.
The New Mexico Cannabis Control Division (CCD) accused marijuana manufacturer and retailer Golden Roots of 11 violations, according to Albuquerque Business First.
Golden Roots operates the The Cannabis Revolution Dispensary.
The majority of the violations are related to the Albuquerque company’s improper use of BioTrack, which has been New Mexico’s track-and-trace vendor since 2015.
The CCD alleges Golden Roots reported marijuana production only two months after it had received its vertically integrated license, according to Albuquerque Business First.
Because cannabis takes longer than two months to be cultivated, the CCD was suspicious of the report.
After inspecting the company’s premises, the CCD alleged Golden Roots reported cultivation, transportation and sales in BioTrack but wasn’t able to provide officers who inspected the site evidence that the operator was cultivating cannabis.
In April, the CCD revoked Golden Roots’ license and issued a $10,000 fine, according to the news outlet.
The company requested a hearing, which the regulator scheduled for Sept. 1.
At the hearing, the CCD testified that the company’s dried-cannabis weights in BioTrack were suspicious because they didn’t seem to accurately reflect how much weight marijuana loses as it dries.
Company employees also poorly accounted for why they were making adjustments in the system of up to 24 pounds of cannabis, making comments such as “bad” or “mistake” in the software, Albuquerque Business First reported.
Golden Roots was fined $298,972.05 – the amount regulators allege the company made selling products that weren’t properly accounted for in BioTrack.
The CCD has been cracking down on cannabis operators accused of selling products procured from out-of-state or not grown legally:
- Regulators alleged in August that Albuquerque dispensary Sawmill Sweet Leaf sold out-of-state products and didn’t have a license for extraction.
- Paradise Exotics Distro lost its license in July after regulators alleged the company sold products made in California.
Golden Roots was the first alleged rulebreaker in New Mexico to be asked to pay a large fine.
Source: https://mjbizdaily.com/new-mexico-cannabis-operator-fined-loses-license-for-alleged-biotrack-fraud/
Four marijuana companies, including a multistate operator, have filed a lawsuit against U.S. Attorney General Merrick Garland in which they allege the federal MJ prohibition under the Controlled Substances Act is no longer constitutional.
According to the complaint, filed Thursday in U.S. District Court in Massachusetts, retailer Canna Provisions, Treevit delivery service CEO Gyasi Sellers, cultivator Wiseacre Farm and MSO Verano Holdings Corp. are all harmed by “the federal government’s unconstitutional ban on cultivating, manufacturing, distributing, or possessing intrastate marijuana.”
Verano is headquartered in Chicago but has operations in Massachusetts; the other three operators are based in Massachusetts.
The lawsuit seeks a ruling that the “Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana pursuant to state law.”
The companies want the case to go before the U.S. Supreme Court.
They hired prominent law firm Boies Schiller Flexner to represent them.
The New York-based firm’s principal is David Boies, whose former clients include Microsoft, former presidential candidate Al Gore and Elizabeth Holmes’ disgraced startup Theranos.
Similar challenges to the federal Controlled Substances Act (CSA) have failed.
One such challenge led to a landmark Supreme Court decision in 2005.
In Gonzalez vs. Raich, the highest court in the United States ruled in a 6-3 decision that the commerce clause of the U.S. Constitution gave Congress the power to outlaw marijuana federally, even though state laws allow the cultivation and sale of cannabis.
In the 18 years since that ruling, 23 states and the District of Columbia have legalized adult-use marijuana and the federal government has allowed a multibillion-dollar cannabis industry to thrive.
Since both Congress and the U.S. Department of Justice, currently headed by Garland, have declined to intervene in state-licensed marijuana markets, the key facts that led to the Supreme Court’s 2005 ruling “no longer apply,” Boies said in a statement Thursday.
“The Supreme Court has since made clear that the federal government lacks the authority to regulate purely intrastate commerce,” Boies said.
“Moreover, the facts on which those precedents are based are no longer true.”
Verano President Darren Weiss said in a statement the company is “prepared to bring this case all the way to the Supreme Court in order to align federal law with how Congress has acted for years.”
While the Biden administration’s push to reschedule marijuana would help solve marijuana operators’ federal tax woes, neither rescheduling nor modest Congressional reforms such as the SAFER Banking Act “solve the fundamental issue,” Weiss added.
“The application of the CSA to lawful state-run cannabis business is an unconstitutional overreach on state sovereignty that has led to decades of harm, failed businesses, lost jobs, and unsafe working conditions.”
Alabama regulators are targeting Dec. 1 to award the first batch of medical cannabis business licenses after the agency’s first two attempts were scrapped because of scoring errors and litigation.
The first licenses will be awarded to individual cultivators, delivery providers, processors, dispensaries and state testing labs, according to the Alabama Medical Cannabis Commission (AMCC).
Then, on Dec. 12, the AMCC will award licenses for vertically integrated operations, a designation set primarily for multistate operators.
Licenses are expected to be handed out 28 days after they have been awarded, so MMJ production could begin in early January, according to the Alabama Daily News.
That means MMJ products could be available for patients around early March, an AMCC spokesperson told the media outlet.
Regulators initially awarded 21 business licenses in June, only to void them after applicants alleged inconsistencies with how the applications were scored.
Then, in August, the state awarded 24 different licenses – 19 went to June recipients – only to reverse themselves again and scratch those licenses after spurned applicants filed lawsuits.
A state judge dismissed a lawsuit filed by Chicago-based MSO Verano Holdings Corp., but another lawsuit is pending.
Source: https://mjbizdaily.com/alabama-plans-to-award-medical-cannabis-licenses-dec-1/
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