Denver will become the first US city to effectively decriminalize mushrooms containing the psychedelic psilocybin, also known as “magic mushrooms.” Initiative 301 makes the personal use and possession of psilocybin mushrooms among people 21 and older the lowest possible law enforcement priority in Denver. It also prohibits the city from spending resources to pursue criminal penalties related to the use or possession of psilocybin mushrooms among people 21 and older. And the initiative sets up “the psilocybin mushroom policy review panel to assess and report on the effects of the ordinance.” The initiative doesn’t legalize magic mushrooms; they remain illegal under state and federal law. And it doesn’t decriminalize or deprioritize enforcement against the distribution and sales of psilocybin mushrooms — all of that could still be pursued by police. According to the Washington Post, Denver police arrested about 50 people a year over the past three years for possession or sale of psilocybin, and prosecutors acted on just 11 of the cases. That’s out of thousands of arrests overall in the city each year. Voting began in Colorado, which does mail-in voting, last month and mostly concluded Tuesday (although a very small number of overseas and military votes can still come in). Things looked bad for the initiative late Tuesday, as it trailed behind in the results. But on Wednesday, the final tally came in — and showed Initiative 301 narrowly won with nearly 51 percent of the vote, according to the Denver Post and New York Times. The results will be certified on May 16. Advocates for the measure argue that decriminalization would shift law enforcement resources away from pursuing nonviolent offenses. They claim that psilocybin is safe, nonaddictive or close to nonaddictive, and that a growing body of evidence suggests the drug has therapeutic benefits for illnesses ranging from depression to end-of-life anxiety to addiction. Opponents worry that decriminalization could lead to more drug use. Especially in Denver, they’re concerned that decriminalization could perpetuate the city’s reputation as “a drug-friendly city,” Jackson Barnett reported for the Denver Post. Critics also point out psilocybin does have some risks — particularly, experts say, the possibility of accidents and traumatic experiences that can be psychologically damaging (especially among people predisposed to mental illness). One potential source of real-world evidence on this: Portugal. After the country decriminalized all drugs, it saw a decrease in drug-related deaths and drops in reported past-year and past-month drug use, according to a 2014 report from the Transform Drug Policy Foundation. But it also saw an increase in lifetime prevalence of drug use, as well as an uptick in reported use among teens after 2007. But Portugal also simultaneously adopted special commissions that attempt to link people with drug addictions to treatment. Although the success of the commissions has yet to be thoroughly evaluated, it’s possible that even as decriminalization increased drug use, the commissions and more access to treatment got so many people off drugs that drug use still fell overall. Still, decriminalization alone may have its benefits. A 2009 report from the libertarian Cato Institute, written by Glenn Greenwald, concluded that decriminalization freed people from the “fear of arrest” when they sought help for their addiction and “freed up resources that could be channeled into treatment and other harm reduction programs.” What effects psilocybin decriminalization will have in the US, Colorado, or Denver, however, remain to be seen. Even more so than marijuana legalization, this is an area of policy that’s largely untested in modern America. This kind of pioneering vote isn’t new for Denver or Colorado as a whole. In 2012, Colorado and Washington state became the first two states to legalize marijuana for recreational use. Other places, particularly Oregon and California, are considering measures to change their laws regarding psilocybin as well. But Denver has broken ahead of the pack, becoming the first US city to effectively decriminalize magic mushrooms. Watch: How LSD and shrooms could help treat anxiety, addiction, and depression Sign up for the Future Perfect newsletter. Twice a week, you’ll get a roundup of ideas and solutions for tackling our biggest challenges: improving public health, decreasing human and animal suffering, easing catastrophic risks, and — to put it simply — getting better at doing good.<doc-sep>Not long after the polls closed in Denver on Tuesday night, news outlets were reporting that the nation’s first citywide initiative to decriminalize psilocybin mushrooms had failed. Disappointment washed over the psychonaut community on social media — the initiative, reports were saying, had lost by 3%. Meanwhile, at least 25% of the votes were still untallied and Decriminalize Denver Field Coordinator Travis Tyler Fluck announced he was “viciously optimistic.” It wasn’t for nothing. As the final ballots were tallied, the initiative narrowly won on Wednesday, by less than 2,000 votes. The passage of Initiative 301 makes the possession, use and cultivation of psilocybin mushrooms among people aged 21 and over the lowest priority crime for law enforcement in the city. It does not legalize mushrooms, but it does prohibit Denver from spending any resources to prosecute people with them. It’s a historic victory, but Decriminalize Denver’s work, says Fluck, has only just begun. “Not much changes today other than the feeling of being one step closer to true freedom,” says Fluck. “We have to start doing education, outreach and harm reduction very quickly.” Decriminalize Denver, which qualified the initiative for the ballot, plans to become a resource for people who are curious about psilocybin. They already have a list of allies in Denver where they can do outreach, says Fluck, including the International Church of Cannabis — a church which considers cannabis a sacrament — music venues and local businesses. He’s imagining literature that pulls together vetted information about psilocybin, from the latest research into its therapeutic potential to tips on how to process, or “integrate,” a trip once it’s over. Fluck, who recently took a seminar with famed fungi expert Paul Stamets, also intends to start giving mushroom-growing lessons in the city. Fluck says he’s confident that, with the passage of the initiative, there’s going to be more people interested in growing. It’s not that hard, he says. There are only four states that prohibit psilocybin mushroom spores — Colorado isn’t one of them — so they can be ordered online and a low tech set-up (a pressure cooker and some plastic bins) only costs around $100. Rick Doblin, founder of the Multidisciplinary Association for Psychedelic Studies, wonders if Denver is poised to become a place where people start running seminars and experiences around psilocybin, like those in Amsterdam. He also said, though, that he doesn’t think the passage of the measure says as much about the sentiment towards psilocybin as it does about the sentiment towards decriminalization at-large. “I think if it was [a bill to decriminalize all drugs] they would’ve gotten more support,” said Doblin. “People are generally disenchanted with mass incarceration and the criminal justice system.” From a criminal justice perspective, drug policy experts agree that the initiative doesn’t go far enough. Art Way, Colorado state director of the Drug Policy Alliance, says that he’s waiting to see whether the measure does anything to shift attitudes on “hard drugs.” Natalie Ginsberg, policy and advocacy director for the Multidisciplinary Association of Psychedelic Studies, points out that MDMA more urgently needs to be decriminalized and regulated than psilocybin as it’s much more popular and runs a high risk of being impure. Richard Vogel/AP/REX/Shutterstock There’s a consensus among these experts that the Denver initiative — as well as psilocybin initiatives, in general — will make a small difference in the grand scheme of the War on Drugs. Only 11 arrests went to trial last year in Denver for psilocybin. Additionally, says Way, Denver District Attorney Beth McCann could choose, if she wanted, to simply ignore the initiative and prosecute because psilocybin remains a Schedule I substance in the state of Colorado and federally. (Way says he has faith in McCann and doesn’t think she’ll do that, but that it could happen.) Regardless, this question of what will happen to psilocybin arrests seems to be fairly irrelevant, at least among psychedelic users in the Denver area. “[The initiative] really doesn’t change anything ’cause I never felt like I was going to get in trouble if I got caught with mushrooms anyway,” one enthusiast, who asked to remain anonymous, said. He’s a part of a community of 15 to 20 friends, all in their twenties, who trip on mushrooms and acid regularly in Denver. He recently received his 10th shipment of half a pound of mushrooms from a friend in California, who gets them from a longtime grower in Oregon. They get sent via USPS priority mail in two vacuum-sealed container bags, so they don’t smell, and are packed with peanuts, so they don’t rattle in the box. He’s not worried he’ll get caught and none of his friends have ever had a problem either. He’s also not more likely to grow his own mushrooms, he said, now that the initiative has passed. It’s just too much of a hassle. Whether or not the initiative changes the culture around mushrooms in Denver, it seems the symbolism of it is already fueling similar efforts in other cities and states. In the next couple months, Oakland’s City Council will be voting on whether to decriminalize all Schedule I “plant-based medicines” (ayahuasca, san pedro, peyote, ibogaine and psilocybin mushrooms). According to Carlos Plazola, co-founder of Decriminalize Nature Oakland, the measure already has six out of eight votes, enough to pass. The Denver news yesterday, he said, gave their campaign “positive momentum” and is making councilmembers “more excited about the topic” of decriminalization. A separate initiative in California is seeking to decriminalize psilocybin statewide. The Oregon Psilocybin Society is also aiming to get the medical legalization of psilocybin in front of voters in 2020. And Fluck says, while preliminary, he’s heard “whispers of decrim efforts” in Vermont and Pittsburgh. Meanwhile, federally-approved clinical trials investigating psilocybin for conditions from addiction to end-of-life distress are moving ahead at prominent institutions. Psilocybin — which was put on the fast-track to being approved for treatment-resistant depression by the Food and Drug Administration last year — could be legal for therapy as soon as 202 The Denver measure is an indication of a shift in attitudes. It shows, Doblin says, “that people are having a more rational view about the actual risks” of psychedelics. It also proves, said Fluck, that there are “early adopters” of psilocybin decriminalization. And — Denver’s critical role in launching the legalization of cannabis has shown —“early adopters” are an essential component to any movement. Shelby Hartman is Editor-in-Chief of DoubleBlind, a soon-to-launch magazine on psychedelics.<doc-sep>Denver is poised to become the first city in the nation to effectively decriminalize psychedelic mushrooms. After closing an early vote deficit Tuesday night and early Wednesday, final unofficial results posted late in the afternoon showed a reversal of fortune — with Initiative 301 set to pass narrowly with 50.6 percent of the vote. The total stands at 89,320 votes in favor and 87,341 against, a margin of 1,979. The Denver Elections Division will continue accepting military and overseas ballots, but typically those numbers are small. Results will be certified May 16. “It’s been one hell of a 21 and a half hours,” Initiative 301 campaign manager Kevin Matthews said. “If these results hold, this is an example of the absurd comedy of the great metaphor. Against all odds, we prevailed. This is what happens when a small team of dedicated and passionate people unite under a single idea to create change.” RELATED: Questions about Denver’s decriminalization of magic mushrooms? We have your answers Denver’s vote has attracted national attention. While efforts are afoot to get psilocybin-related measures on the ballot in Oregon and California in 2020, Denver hosted the first-ever U.S. popular vote on the matter, according to organizers. An earlier effort in California last year failed to qualify for the ballot. Though Initiative 301 attracted no organized opposition, critics of Colorado’s legalization of marijuana lamented the prospect of Denver blazing yet another trail they see as misguided and potentially harmful. The measure essentially tells police to look the other way on adult psilocybin use. “We’ll see what the final numbers are, but we’re a little stunned to see a 7,000-vote flip overnight on that,” said Jeff Hunt, director of the Centennial Institute at Colorado Christian University, who initially questioned on Twitter whether vote-tampering was involved. “We’ll continue to fight the growing drug culture. Denver’s becoming the illicit drug capital of the world. The larger issue here is not good for our city.” He added: “Marijuana has brought more problems than it’s solved to our city and our state, and if we continue to go down this track, we’re going to continue to see Colorado get in worse and worse shape.” Supporters extolled emerging research showing potential health benefits with psychedelic mushrooms. The measure likely was put over the top by younger voters, who tend to cast their ballots closer to or on Election Day, even though all registered voters receive their ballots in the mail about three weeks earlier. Last fall, the U.S. Food and Drug Administration granted psilocybin “breakthrough therapy” designation for its potential to help with treatment-resistant depression, a status that speeds up the development and review process for a medicine containing the substance. What Initiative 301 tells police to do As written, I-301 directs police via ordinance to treat enforcement of laws against possession of psilocybin mushrooms as their lowest priority. It also bars the use of city resources or money to impose criminal penalties. It’s similar to decriminalization measures approved by Denver voters for marijuana years before Colorado’s Amendment 64 won statewide approval. “Our victory here is a clear signal to the rest of the country that we’re ready for a broader conversation around psilocybin and its potential benefits,” said Matthews, a 33-year-old stay-at-home dad. Psychedelic mushrooms still would remain illegal to buy, sell or possess, with the latter crime a felony that carries a potential punishment of up to a year in prison and a fine. But Initiative 301 backers hope to lower the risk users face of getting caught with mushrooms. Past marijuana efforts are instructive, though. Denver voters signed off on decriminalization measures in 2005 and 2007, but that didn’t stop police from enforcing the law — though drug law-liberalization advocates say the public discussion prompted by the ballot initiatives helped pave the way for statewide legalization in 2012. “I’ll say this: We’re looking forward to creating a positive relationship with city officials,” Matthews said. “We have the resources ready to make sure the Justice Department, the (district attorney’s) office and the Denver Police Department have the education they need to implement this in a way that’s fair.” Initiative 301 requires the city to create a panel to monitor the effects and implementation of the ordinance. Tide turned Wednesday Some national media outlets as well as the Centennial Institute wrongly called I-301 a bust late Tuesday, based on the early results. But the gap tightened throughout the night. By 1 a.m. Wednesday, when Denver Elections put out its last release before pausing counting for the night, the measure still was losing by 3.4 percentage points. It overcame that margin in the next — and final — round of results shortly after 4 p.m.<doc-sep>
The decision by Denver voters last week to decriminalize psychedelic mushrooms marked a significant shift in the debate over legalizing illegal drugs—which up to this point revolved entirely around marijuana. Denver becomes the first major American city to decriminalize another controlled substance, after 21 states, including Colorado, either decriminalized, legalized, or allowed small amounts of marijuana, according to the National Conference of State Legislatures. Drug policy experts disagree on whether the results of the Denver referendum on psychedelic mushrooms mark a domino for more legalization efforts, however. “The movement was never about marijuana; it was always about legalizing all drugs,” said Kevin Sabet, a senior adviser in the White House Office of National Drug Control Policy under Presidents Bill Clinton, George W. Bush, and Barack Obama. “I don’t want to put people in prison for pot, but I don’t want to commercialize marijuana.” Psychedelic or psilocybin mushrooms, sometimes called “magic mushrooms,” are hallucinogens that can cause panic attacks and psychosis, according the the Drug Enforcement Administration. Other side effects include nausea and vomiting, muscle weakness, and lack of coordination, and an overdose may result in death. Psilocybin, a naturally occurring psychedelic compound, is produced by more than 200 species of mushrooms. Sabet, president of a group called Smart Approaches to Marijuana, is also director of the Drug Policy Institute at the University of Florida, where he is an assistant professor in the College of Medicine’s Department of Psychiatry. “Big tobacco is already involved in marijuana. I’m not surprised to see efforts to decriminalized other drugs,” Sabet told The Daily Signal. “Mushrooms are the next easiest argument. It’s low-hanging fruit. They’re not going to call for legalizing crack cocaine now. But they are not going to stop with mushrooms in Denver.” Denver’s Initiative 301 passed by a narrow 50.6% of the vote last Tuesday, after it initially appeared headed for defeat on election night. Advocates are pushing similar psilocybin-related measures for the statewide 2020 ballot in Oregon and California. The Denver Elections Division is set to certify results Thursday after officials count military and overseas ballots. Unofficial results last week had 89,320 votes in favor of legalizing magic mushrooms and 87,341 against, according to The Denver Post. As with most drug laws, restrictions on psychedelic mushrooms are at the federal level, Initiative 301 prohibits money from the city treasury to be used to impose penalties on mushroom users. It also creates a city ordinance directing police to make enforcement of laws against possession of psilocybin mushrooms the lowest priority. Supporters in Denver cite federal research that 22.8 million Americans used psilocybin at least once. “As research dissolves the taboo around it, more people are considering psilocybin as a tool for their own personal healing and wellness,” the website Decriminalize Denver says. “It stands to reason that decriminalizing psilocybin mushrooms will not only open up the door for more researching and more appropriate regulation. It will also lessen the potential risks that come from a mindset that’s fearful of criminal consequences, from uneducated usages, and from pushing use underground.” The U.S. Food and Drug Administration last year approved additional research for psilocybin, asserting that it offered potential “breakthrough therapy” for depression. The Denver vote is most likely an aberration, as most of the decriminalization effort remains focused on marijuana, said Jeffrey Miron, senior economics lecturer at Harvard University and director of economic studies at Cato Institute, who supports legalizing all drugs. “I suspect this doesn’t lead to anything beyond Denver. The movement is about marijuana and, to some degree, opioids. Mushrooms are a one-off,” Miron told The Daily Signal. “Personally, I think it would be a great thing if this was another domino and all drugs were legalized, full stop. But the pattern across the country and at the state level evolving is the scaling back or leveling off of enforcing laws against marijuana,” he said. “I’m not aware of a place that is seriously entertaining legalizing cocaine or heroin.” Miron said that restricting a substance promotes an underground market. However, he noted that jurisdictions that legalize marijuana are imposing too many taxes and regulations. “Legalizers need to be careful not to restrict marijuana through tax and regulation so much that they only recreate a black market,” Miron said.