Exploring the Decriminalization of Psilocybin and Psychedelics in U.S. Cities and States: Opportunities for Mental Health and Safety Considerations

- Steve Elfrink

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Over the last few years, the movement to decriminalize psilocybin and other entheogenic plant medicines has gained significant momentum across both cities and states in the United States. This shift reflects a growing recognition of the potential therapeutic benefits of psychedelics in treating mental health conditions like depression, PTSD, anxiety, and addiction.

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As more areas move toward decriminalization, it opens doors to greater access for mental health treatments while also emphasizing the need for safety and responsible use. In this article, we explore the cities and states leading the way in decriminalizing psychedelics, the impact this has on mental health access, and the safety considerations that come with it.

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What Does Decriminalization Mean?

Decriminalization reduces or eliminates criminal penalties for the personal use and possession of certain substances, such as psilocybin mushrooms and plant-based psychedelics. While it alleviates legal consequences for individuals, decriminalization is not the same as full legalization.

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Typically, the commercial sale and distribution of these substances remain prohibited, except in specific contexts like regulated medical or research frameworks. The push for decriminalization has gained momentum alongside growing evidence that psychedelics can provide profound therapeutic benefits and transformative experiences, particularly in controlled, therapeutic settings.

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States That Have Decriminalized or Legalized Psychedelics

Oregon (Statewide)

• Measure 109 (2020): Oregon became the first state to legalize psilocybin therapy, allowing licensed professionals to administer psilocybin in supervised, therapeutic environments. This measure created a regulated framework for psilocybin-assisted therapy to treat various mental health conditions.

• Measure 110 (2020): Oregon also decriminalized small amounts of all drugs, including psychedelics, through Measure 110. However, this measure has sparked debate in recent years due to concerns about increased drug use and the adequacy of addiction treatment services. There is growing pressure to reconsider or amend Measure 110, which may affect the future of drug policy in Oregon.

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Colorado (Statewide)

• Proposition 122 (2022): Colorado followed Oregon’s lead by passing Proposition 122, also known as the Natural Medicine Health Act. This act decriminalized the possession and use of five natural psychedelics: psilocybin, ibogaine, mescaline (excluding peyote), DMT, and ayahuasca. It also established a regulatory framework for therapeutic use of these substances, similar to Oregon's psilocybin therapy model.

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Cities That Have Decriminalized Psilocybin and Psychedelics

Numerous cities across the U.S. have taken steps to decriminalize psilocybin and other psychedelics. Here’s a detailed look at the cities that have joined the decriminalization movement:

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Denver, Colorado

In May 2019, Denver became the first U.S. city to decriminalize psilocybin mushrooms, making possession and use the lowest law enforcement priority.

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Oakland, California

Oakland decriminalized all entheogenic plants and fungi in June 2019, including psilocybin mushrooms, setting the stage for other Californian cities to follow.

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Santa Cruz, California

Santa Cruz decriminalized naturally occurring psychedelics in January 2020, including psilocybin mushrooms.

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Ann Arbor, Michigan

In September 2020, Ann Arbor decriminalized all psychedelic plants and fungi, including psilocybin, paving the way for broader reforms in Michigan.

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Washington, D.C.

Voters passed Initiative 81 in November 2020, which decriminalized entheogenic plants and fungi, including psilocybin mushrooms.

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Seattle, Washington

In October 2021, Seattle decriminalized the possession and use of naturally occurring psychedelics, including psilocybin mushrooms, marking Washington state’s progressive stance on drug policy.

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Detroit, Michigan

Detroit voters approved a measure to decriminalize psychedelics in November 2021, including psilocybin mushrooms.

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Somerville, Massachusetts

In January 2021, Somerville became the first city in Massachusetts to decriminalize natural psychedelics, including psilocybin, ayahuasca, and mescaline (excluding peyote).

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Cambridge, Massachusetts

In February 2021, Cambridge decriminalized entheogenic plants, becoming the second Massachusetts city to embrace psychedelic reform.

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Northampton, Massachusetts

In April 2021, Northampton also decriminalized the use of entheogenic plants and fungi, including psilocybin.

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Easthampton, Massachusetts

Easthampton decriminalized psychedelic plants and fungi in October 2021, making it the fourth Massachusetts city to take this step.

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Arcata, California

Arcata decriminalized all entheogenic plants and fungi in October 2021, including psilocybin.

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Hazel Park, Michigan

In March 2022, Hazel Park became the third Michigan city to decriminalize natural psychedelics.

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Ferndale, Michigan

Ferndale decriminalized psychedelic plants and fungi in February 2023, further expanding Michigan’s role in the decriminalization movement.

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The Impact of Decriminalization on Mental Health Access

Decriminalization presents an opportunity to reduce stigma and legal barriers surrounding alternative mental health treatments, particularly for individuals who have not found relief with traditional therapies. Psychedelics, especially psilocybin, have demonstrated significant potential in clinical studies for addressing conditions like depression, PTSD, and anxiety. In therapeutic settings, these substances can help individuals process repressed emotions, gain fresh perspectives, and disrupt entrenched negative thought patterns.

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In states like Oregon and Colorado, where legal frameworks now permit licensed psychedelic-assisted therapy, decriminalization has been a step toward creating safe, regulated environments for accessing psilocybin and other psychedelics. These regulated services often include professional support before, during, and after the experience, ensuring safety and maximizing therapeutic benefits.

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Safety and Cautions: Responsible Use Is Key

While the decriminalization of psychedelics expands access, it also emphasizes the need for responsible use and safety. Psychedelics can have powerful psychological effects, and unsupervised or improper use can lead to negative experiences such as anxiety, confusion, or emotional distress. Below are some key safety considerations:

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• Set and Setting: A person’s mindset (set) and their environment (setting) are critical to having a safe and positive psychedelic experience. It’s recommended that individuals using psychedelics for mental health purposes do so in a supportive, controlled environment with a trusted guide or therapist present.

• Medical Screening: Not everyone is a suitable candidate for psychedelic therapy. Individuals with certain mental health conditions—such as schizophrenia or bipolar disorder—may be at higher risk for adverse effects. Proper medical and psychological screening is essential before using psychedelics.

• Integration: Psychedelic experiences can be intense and deeply emotional. Integration, the process of reflecting on and making sense of these experiences in the days and weeks that follow, is a critical aspect of psychedelic therapy. Working with an integration specialist or therapist can help individuals process and apply the insights gained during the experience.

• ‍Legal Risks: While decriminalization reduces legal penalties in specific cities and states, psychedelics remain illegal at the federal level in the U.S. Traveling with or using these substances outside of decriminalized jurisdictions can result in legal consequences.

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The Oregon Debate: Measure 110 and Its Repercussions

In November 2020, Oregon voters approved Measure 110, decriminalizing the possession of small amounts of all drugs, including psychedelics, and reallocating cannabis tax revenue to fund addiction treatment services. This initiative aimed to shift the state's approach from punitive measures to a public health-focused strategy.

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However, by early 2024, significant concerns emerged regarding the measure's effectiveness. Critics pointed to a rise in public drug use and questioned the adequacy of addiction treatment services funded by the measure. In response, the Oregon Legislature passed House Bill 4002 in March 2024, effectively repealing the decriminalization aspect of Measure 110 and reinstating criminal penalties for the possession of hard drugs. Governor Tina Kotek signed the bill into law on April 1, 2024, marking a significant policy reversal.

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The repeal of Measure 110 has sparked a broader debate about drug policy reform in the United States. Oregon's experience serves as a case study for other states considering similar decriminalization measures, highlighting the complexities of balancing public health objectives with community safety concerns. The state's policy reversal underscores the importance of comprehensive planning and resource allocation in implementing drug policy reforms.

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As of November 2024, Oregon continues to navigate the challenges of addressing substance use and addiction, striving to find an effective balance between enforcement and treatment. The state's experience offers valuable insights for policymakers nationwide as they consider the implications of decriminalization and the necessity of robust support systems for individuals struggling with addiction.

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Conclusion: A Balanced Approach to Psychedelics

As the decriminalization of psychedelics continues to expand across U.S. cities and states, it has the potential to reduce stigma and legal barriers, paving the way for broader conversations about alternative mental health treatments. However, decriminalization alone does not establish formal access to these therapies, which typically require regulatory frameworks. enthTo ensure safe and effective use, it is essential to emphasize responsible practices, safety protocols, and professional guidance.