Mass. Signals Potential Changes in Laws
Written by: ERIN WEIST
Last week Massachusetts became the latest state to introduce a law that would loosen the grip of control over psychedelics. Currently Oregon and Colorado are the only states to have decriminalized psychedelics, although several states have introduced measures in recent years. Massachusetts currently has 6 communities that have decriminalized psilocybin, but now the group Mass. for Mental Health Options has quietly filed paperwork to both decriminalize AND legalize psychedelic mushrooms for the entire state. Let’s talk about what that means.
First, what is the difference between legalization and decriminalization? According to Cornell Law, “Decriminalization is the process through which the legislature removes criminal sanctions against an act… decriminalization means it would remain illegal, but the legal system would not prosecute a person for the act. The penalties would range from no penalties at all to a civil fine. This can be contrasted with legalization which is the process of removing all legal prohibitions against the act… A decriminalized drug is still illegal; but the punishment would not be a criminal sanction, like arrest or incarceration… drug possession that is decriminalized by a state still allows the drug to remain federally controlled and regulated.” (https://www.law.cornell.edu/wex/decriminalization)
Decriminalization is only the first step to creating change. Controlled substances like Cannabis and Psilocybin are considered Schedule I drugs, which includes the classification that they have a high potential for abuse. But they don’t. Medical professionals of all kinds know they don’t have a high potential for abuse because they’re not addictive. So the laws have a long way to go. But decriminalization allows some pursuit of these drugs, even though they are still controlled.
What would legalization look like? It would establish a framework to license, regulate, and tax businesses offering therapeutic psilocybin services. This abstract from an opinion published on the Dept. of Justice website ventures some insights: “Government at all levels spends about $100 billion a year on law enforcement and criminal justice programs to combat the drug problem, and about $35 billion is directly related to drug law enforcement. About $50 billion a year could be saved if drugs were legalized, and this figure could go as high as $150 billion a year if one considers the resources spent on ineffective drug suppression activities. Drug legalization could increase property values in cities but would not solve the problem of inner city decay and disintegration. If the illicit drug business no longer existed in cities, streets and schools would become safer. About one-third of inmates would not be in prison if it were no longer a crime to possess or traffic in illicit drugs. Further, if drugs were legalized, dangers to public health from using heroin, cocaine, and marijuana would be greatly reduced since legalizing drugs would probably reduce the use of harmful drugs. The main risk of drug legalization concerns the potential for increased drug consumption. Because the drug market is already saturated with a combination of legal and illegal drugs, however, virtually everyone who wants to get "high" already does so. The authors conclude that, considering all benefits and costs, the case for drug legalization is overwhelming.” (https://www.ojp.gov/ncjrs/virtual-library/abstracts/legalizing-drugs-would-benefit-united-states-legalizing-drugs-p-32)
While the concerns for legalizing psychedelics exist in the public mind the benefits seem to far outweigh any potential harm. We allow people to drink alcohol and exist in society, the same should be done for mind-altering substances that are paving the way for mental health. As the above abstract suggests, people are going to consume substances whether legal or not. The best thing we can do is create a safer, healthier environment for people to thrive and allow for public acceptance that will further discussions, rather than driving these habits into the shadows, creating a toxic, secretive environment where abuse and trauma thrive. This coming legislative year will be fascinating to watch as more states follow these examples. Will your state be next?
https://www.wgbh.org/lifestyle/2023-06-05/as-mass-cities-decriminalize-psychedelic-mushrooms-advocates-praise-their-health-potential
https://www.marijuanamoment.net/massachusetts-campaign-quietly-takes-first-step-to-put-psychedelics-reform-on-the-2024-ballot/
https://www.wbur.org/news/2023/07/12/massachusetts-psychedelics-psilocybin-ballot-question-newsletter
