The City Council has taken steps calling on law enforcement authorities to put enforcement of prohibitions against possession and use of entheogenic plants on low priority, pending official decriminalization.

By Jim Clark

A resolution was put forward at the latest meeting of the Somerville City Council supporting the decriminalization of entheogenic plants.

Defined as plants and natural sources such as psilocybin mushrooms, cacti, iboga and combinations of plants similar to ayahuasca, their use as a psychedelic drug of choice for many since the 60’s brought about criminalization as part of the larger “war on drugs” on a national scale.

Many religious traditions and practices throughout the world utilize the psychoactive properties of these substances, and are largely accepted by most modern societies.

A number of municipalities throughout the United States have recently moved towards decriminalization as further evidence of their beneficial effects in the treatment of opioid abuse, depression, and suicide have been demonstrated and promoted by the medical community and others.

Speaking in favor of the City Council resolution, Ward 4 Councilor Jesse Clingan, the resolution’s co-sponsor, said at the meeting, “I’m proud to bring forth this resolution this evening. As a city I think it’s important that we take a stand to protect indigenous rituals and religious rights, as well as decreasing the harms caused in the name of this so-called war on drugs. The criminalization of any substances chosen by adults for responsible personal consumption should be done away with, and funding for education and treatment increased.”

Clingan went on to say, “With specific focus on substances known as entheogenics, I say that by decriminalizing these plants we’re expanding the harm reduction tools at our disposal. These plants are known to promote healing of depression, anxiety, addiction, and end-of-life trauma, as well as many other benefits as yet to be discovered. I just hope my colleagues will join me this evening in asking our law enforcement officers to make these plants the lowest priority possible.”

In addition, Clingan sponsored Sarah Hinzmanand and Alex Karazik to speak at the virtual meeting. Hinzmanand spoke of her experiences taking pain medicines and her improved health after switching to entheogenic plants. Karazik shared his experiences with psilocybin mushrooms and credited them with playing a big role in his mental health recovery.

Ward 2 Councilor J.T. Scott expressed pride that Somerville is leading the way on the decriminalization of these natural substances.

Ward 3 Councilor Ben Ewen-Campen pointed out that many of these substances are already legal and he believes that this resolution represents an exciting first step.

Councilor At-Large Wilfred N. Mbah commented that when these substances are controlled and regulated they can be beneficial.

An attachment submitted to the City Council by Somerville Members of Bay Staters & Decriminalize Nature Massachusetts stated, “We must take action to prevent opioid deaths. In the month of May alone, nearly 170 of our friends, family members, and neighbors in Massachusetts lost their lives to opioid overdoses as these deaths continue to spike nationwide. A 2017 study of 44,000 Americans by researchers at Johns Hopkins Medical School found that psychedelic use is associated with a 40% reduced risk of opioid abuse. Ibogaine treatments, derived from a West African plant, helped people with opioid addiction substantially reduce ‘withdrawal symptoms and drug use in subjects for whom other treatments had been unsuccessful’ and achieve ‘sustained reduced use in dependent individuals’ over 12 months.

In addition, the attachment added, “Depression and suicide are also ravaging Massachusetts communities. Our state’s millennials have the highest rates of depression for their age group in the nation, and nearly one in five residents suffer from depression. A 2020 meta-analysis of randomized clinical trials dating back two decades found that psychedelic-assisted therapy is highly effective in treating PTSD, depression, anxiety linked to terminal illness, and anxiety linked to autism. A November 2020 study in the Journal of the American Medical Association found one in two patients put major depression in remission after only two psilocybin therapy sessions – four times more effective than convention medication. Other studies show entheogen treatment can substantially reduce distress, suicidal planning, and suicidal ideation. For patients with a terminal illness, double-blind trials show a single dose of psilocybin mushrooms can substantially reduce long-term anxiety and depression with a nearly 80% clinical response rate.”

The resolution in full reads as follows:

WHEREAS: “Entheogenic plants,” a term originally classified by anthropologists and ethnobotanists in 1979, are herein defined as the full spectrum of psychedelic plants, fungi, and natural materials containing indole amines, tryptamines, phenethylamines, including psilocybin mushrooms, ayahuasca, cacti, and iboga; and

WHEREAS: Substance abuse, addiction, post-traumatic stress disorder (PTSD), chronic depression, end-of-life anxiety, grief, cluster headaches, tendencies toward recidivism, and other conditions are plaguing our community and the use of entheogenic plants has been shown to be beneficial for treating these ailments via scientific and clinical studies and within continuing traditional and religious practices that catalyze profound experiences of personal and spiritual growth; and

WHEREAS: The COVID-19 pandemic has led to a resurgence of heroin and opioid overdose deaths and severe depression in Massachusetts communities, two ailments that entheogenic plants have been shown to have particularly strong utility in treating according to published, peer-reviewed medical research; and

WHEREAS: The so-called War on Drugs has led to the unnecessary penalization, arrest, and incarceration of vulnerable people, particularly people of color and people of limited financial means, rather than prioritizing harm-reduction policies to treat drug abuse as an issue of public health; and

WHEREAS: That American cities have long possessed an inferred constitutional right to regulate commerce and public safety within their jurisdictions, a principle acknowledged by the U.S. Department of Justice Cole Memorandum that permitted states and localities to deprioritize law enforcement of cannabis charges; and

WHEREAS: Many elected representatives of the Somerville City Council have previously maintained that city resources should not expended in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use and personal possession of controlled substances; NOW, THEREFORE, BE IT

RESOLVED: That the City Council hereby maintains that no City of Somerville department, agency, board, commission, officer or employee of the city, including without limitation, Somerville Police Department personnel, should use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults; AND BE IT FURTHER

RESOLVED: That the City Council hereby maintains that the use and possession of all controlled substances should be understood first and primarily as an issue of public health by city departments, agencies, boards, commissions, and all employees of the city; AND BE IT FURTHER

RESOLVED: That the City Council hereby maintains it should be the policy of the City of Somerville that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants listed in Classes A-E of Chapter 94C § 31 of Massachusetts law or Schedules I-V of 21 U.S.C. § 812 of the Controlled Substances Act shall be amongst the lowest law enforcement priority for the City of Somerville; AND BE IT FURTHER

RESOLVED: That the City Council hereby maintains that it should be the policy of the City of Somerville that the arrest of adult persons for using or possessing controlled substances shall be amongst the lowest law enforcement priority for the City of Somerville; AND BE IT FURTHER

RESOLVED: That this resolution does not authorize or enable any of the following activities: commercial sale of entheogenic plants and fungi, possessing or distributing these materials near schools, driving while under the influence of these materials; or public disturbance; AND BE IT FURTHER

RESOLVED: That the Somerville City Council calls upon the city’s officials to work in support of decriminalizing entheogenic plants and approaching all controlled substances first and primarily through the lens of public health when representing the city in conversations with state and federal agencies as well as state and federal lawmakers; AND BE IT FURTHER

RESOLVED: That the City Council calls upon the Middlesex County District Attorney to cease prosecution of persons involved in the use, possession, or distribution of entheogenic plants and the use or possession without the intent to distribute of any controlled substance.

Following additional Councilor comments, the item was laid on the table for approval.