On Monday, a legislative committee in Maine considered a bill that effectively legalized low-level possession of psilocybin among adults aged 21 or older.
Grayson Lookner, a Democratic Representative, introduced LD1034 to change state laws on possession. This would allow people older than 21 years old to possess up one ounce psilocybin. This bill does not allow or regulate the production, distribution, or commercial sale of psilocybin.
Lookner said that the bill was “a change in common sense to how we see plant medicine in Maine” before an hearing by the Criminal Justice and Public Safety Committee of the Maine Legislature.
What we’re talking about today is straightforward,” said the host. Should adults in Maine be punished for possesing natural substances that are helpful to their health? No, the answer should not be “no.”
He continued that the end of the state’s ban on psilocybin was not meant to promote drug use. Instead, it is to “recognize that adults should be able to choose what goes into their bodies and that includes natural remedies that are grown right in Maine.” The goal is to move away from punishing people and towards healing.
The psilocybin fungi grow in our fields and forests naturally, as they’ve done for thousands years. These are not dangerous synthetic drugs. These are natural organisms which have been used as medicine by cultures all over the world since millennia.”
Lookner cited two groups that the reform can help: military veterans suffering from PTSD, and those in hospice care.
He told his colleagues that “they’re people have tried all other options and have found this natural medicine works where pharmaceuticals failed to work.” He said, “When a person is nearing death or if a vet is plagued by trauma and suffering, shouldn’t he have access to all the options available for his relief?”
After Lookner introduced the bill, lawmakers briefly debated the legislation, asking about its current status, the way the drug is used, and the typical effects.
Rep. Donald Ardell, (R), quoted a National Institutes of Health website regarding psilocybin’s microdosing. He said that the side effects include insomnia, depression and anxiety, as well as changes in mood, energy and physical discomfort.
Ardell stated that the article goes on to state that people who suffer from psychotic disorders, such as schizophrenia, bipolar disorder, borderline personality disorder, or severe forms, are not advised to take psilocybin.
How does this proposed law jibe with the National Institute of Health’s view of psilocybin? [and] What can make it so dangerous? He asked Lookner.
The bill’s sponsor responded, “I believe that everything you said there could also be applied to alcohol, and we do not treat its possession as a crime.” The primary and secondary goal is to allow adults to take responsibility for their decisions.
The man also said that “there’s a number of people who are in very high-ranking positions and do regular microdosing.”
Lookner described it as “decriminalization” during Monday’s hearing. He told colleagues that the bill “doesn’t legitimize anything.”
It does not permit recreational markets, he said. It simply says that if a person has only a little bit of the compound in their possession, then they won’t be charged with committing felony.
When asked why one ounce was the limit, he gave experts credit but added that he is “not married” to this number and would consider changing it.
Microdosing is usually done by taking fractions of grams at a given time.
The bill, as it is currently drafted, would eliminate penalties for possession of up one ounce of the substance itself, and not just the mushrooms which produce it.
In its fiscal note, the state says that reforming the system will not cost the government any money. Instead, it may lead to a “minor reduction in workload due to the small number of cases no longer filed with the courts.”
ACLU of Maine as well as the Reason Foundation have both testified in favor of LD1034.
Michael Kebede is the policy director of ACLU of Maine. He wrote: “One of many harmful consequences of the War on Drugs was government interference in the exploration of alternatives drug therapies, which could help many people suffering from debilitating disorders like depression, substance abuse disorder, and anxiety.”
Kebede continued, “Decriminalizing behaviors that are recommended by an increasing number of physicians will help Maine deal with its drug overdose crisis and mental illness and reduce the amount it spends on resources.”
Madison Carlino of the Reason Foundation, an analyst on drug policy, testified that, “the bill represents a modest advance in reforming drug policy.”
She told legislators that “Psilocybin was safe and that adults shouldn’t face criminal penalties for seeking therapeutic effects.” The bill, she said, “creates a future for robust, regulated mental health care”.
Carlino said that future legislation could explore the use of a model similar to a “license” which would allow facilitators trained in psilocybin experience guidance within supervised settings. They promote safe, informed, equitable use and access, while exploring alternative treatment options.
The reform is generally not supported by law enforcement agencies.
The Maine Chiefs of Police Association stated in written testimony that “we do not have any opinion on the therapeutic and clinical benefits of psilocybin, but we don’t think there is sufficient information to allow people to safely consume it without the guidance of a doctor.”
Maine’s Center for Disease Control and Prevention offered its comments to legislators, but did not take a position “neither for or against LD 1034.”
Maine CDC’s director Puthiery VA expressed concern about enacting legislation decriminalizing possession and usage of a hallucinogenic substance without a framework that safeguards health and safety.
“By allowing possession of a limited amount of psilocybin, Maine will be assuming a ‘therapeutic amount’ with no therapeutic framework,” Va added, “and will become one of the few states in the US to deprioritize or decriminalize psilocybin ahead of changes at the federal level.”
The hearing Monday on LD1034 comes after a separate attempt last year, which was to allow adults access to psychedelics in state-licensed establishments. But lawmakers watered down that bill—amending it to create a commission to further explore the reform instead—and it ultimately did not pass.
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