Maine House of Representatives narrowly approved a bill on Monday that legalized possession of up one ounce of Psilocybin for people over 21.
The measure, LD1034, from Rep. Grayson Lookner, (D), however, would not authorise or regulate the production, distribution, or commercial sale of the psychedelic substances.
Earlier this session, a House committee had moved to significantly amend the proposal to instead simply require the creation of a “Commission to Study Pathways for Creating a Psilocybin Services Program,” but at Monday’s floor session, the full chamber instead voted 70–69 to pass the bill as introduced.
After the House, it is up to Senate.
A divided committee of the Criminal Justice and Public Safety Committee in the legislature had brought the bill to the House Floor with its report. Five legislators voted for the amendment, four members voted to approve the proposal as it was and three members did not support the psilocybin legislation in any way.
In an unusual turn, one of the minority reports—that the bill pass as introduced—was taken up first at Monday’s floor session. The bill was passed and its amended form wasn’t even considered.
Lookner, before voting on the issue, called it “a question of justice and compassion.”
The law is unjust, irrational, and persists because of an outdated stigma. “We now have the opportunity to ease profound suffering in our veteran population, especially those who are still bearing invisible war wounds,” said Mr. O’Neill.
The bill decriminalizes possession for those adults who are 21 and older. This bill does NOT legalize the sale of psilocybin. “It does not establish a market for recreational use,” said the sponsor. It simply states that an adult who chooses to use this substance personally should not be arrested, sentenced to jail, or have a criminal record.
Rep. Daniel Ankeles, (D), rose and asked colleagues: “At what threshold do we bring one of our Mainers in the criminal justice system?”
He continued: “I don’t think that we should put people who are treating mental illness in the criminal justice systems.”
Many opponents to the bill said that it was too early to understand psilocybin to be able to lift penalties on possession. However, they pointed out that only a few individuals in this state have been jailed for low-level use of psychedelics.
Amy Arata, a Republican congresswoman from California said that the product “may have potential” but it must be researched. She cited isolated incidents of marijuana or psilocybin users being violent and suicidal. It’s being studied. It needs to be studied. Now, let’s determine the correct dosage and concentration of these substances. This is not what we’re ready for.”
Rep. David Boyer, (R), responded by saying that “he could tell a whole bunch of stories about stupid, terrible, and horrible things people have done while drinking alcohol but that would take much longer.” Everybody wants to leave today.”
He said there is evidence that psilocybin helps veterans who have PTSD. It can also help terminal patients nearing the end of life, “struggling to accept their own mortality,” and those with addiction problems.
He said, “That is a powerful idea. You could actually cure addiction.”
Boyer added, “I do not think we should jail someone for 364 day for a small handful of mushrooms.” Boyer worked previously for the Marijuana Policy Project. In 2016, he led Maine’s successful marijuana legalization ballot campaign. “I do not think this fits the crime. Our courts are jam-packed. Our prisons are full. Tax dollars and resources should not be wasted on people who are protecting themselves. “We own our bodies.”
Boyer told MEDCAN24 that he is “proud” of the bipartisan, good work the Maine House did today.
He said: “Adults who are using natural medicines to help them heal should not be afraid of going to jail for it.” The governor should agree and not veto the important bill.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon members who pledge at least $25/month gain access to interactive maps, charts, and hearing schedules so that they do not miss anything.
Discover more about the marijuana bills tracker. Become a patron on Patreon and you will have access.
—
If LD 1034 is passed, it will then be sent to the Maine Governor. Janet Mills is the Democratic candidate for Governor of Maine.
The proposal as originally filed had support from advocacy groups such as ACLU of Maine and the Reason Foundation, which both submitted testimony in favor of LD 1034 at an initial hearing last month.
The now-abandoned amendment by the committee to the bill required the study commission to provide a legislative report detailing its findings, recommendations and “suggested legislation” for the presentation to joint standing committees on criminal justice and public safety, veterans, legal affairs, health and human service.
House approval of the bill follows an effort made in Maine to legalize and make psychedelics available to adults at licensed facilities. But lawmakers watered down that bill—amending it to create a commission to further explore the reform instead—and it ultimately did not pass.
Maine legislators voted in February to look into possible conflicts of interests by a marijuana official.
And last year, a law took effect allowing people to apply to have records of now-legal marijuana crimes sealed.
Kyle Jaeger contributed reporting.
California’s bill to defer the increase in marijuana taxes is scheduled for a vote this week on Assembly Floor
MEDCAN24 could not exist without readers’ support. Please consider making a Patreon monthly pledge if you depend on our cannabis journalism for information.
