Sarah Brown
On June 5, 2019, Oakland, California, became the second U.S. city to decriminalize magic mushrooms and other natural psychedelics, following Denver's lead. The Oakland City Council voted to decriminalize the possession and use of entheogenic or psychoactive plants and fungi, including psilocybin mushrooms, cacti, iboga, and ayahuasca. The resolution directs law enforcement to deprioritize investigating and prosecuting adults for using or possessing these substances, but it does not authorize commercial sale, manufacturing, or driving under the influence. Supporters of the resolution highlight the therapeutic potential and historical use of these substances, while opponents express concerns about the potential risks of encouraging experimentation with psychedelics.
| Characteristics | Values |
|---|---|
| Location | Oakland, California, US |
| Date | June 2019 |
| Status | Decriminalized |
| Type of mushroom | "Magic mushrooms", entheogenic plants, psychoactive plants and fungi, psilocybin |
| Law enforcement | Will not investigate or prosecute individuals for use, sale, or distribution |
| Commercial sale | Not authorized |
| Driving under influence | Not authorized |
| Amendment | People with PTSD or depression should seek professional help before using |
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What You'll Learn
Oakland City Council's unanimous vote
On Tuesday, June 4, 2019, the Oakland City Council unanimously passed a resolution to decriminalize the adult use and possession of "entheogenic plants" and fungi, including "magic mushrooms." Oakland became the second city in the country, after Denver, to decriminalize these substances.
The resolution states that the city of Oakland will not use its funds to enforce laws criminalizing the use and possession of entheogenic plants by adults. Instead, investigating and arresting individuals for growing, buying, distributing, or possessing these substances will be the lowest law enforcement priority. However, it is important to note that the resolution does not authorize the commercial sale, manufacturing, or distribution of these substances.
Councilman Noel Gallo, who introduced the resolution, stated that entheogenic plants have been used by various cultures for healing and spiritual purposes for centuries. Supporters of the resolution, including members of Decriminalize Nature Oakland (DNO), argued that these plants have potential therapeutic effects and can help treat ailments such as depression, PTSD, and addiction. They also believed that decriminalization would allow law enforcement to focus on more serious crimes.
However, opponents of the resolution expressed concerns about the potential risks associated with the use of these substances. They argued that decriminalization might encourage experimentation with potentially harmful drugs. Michael Clarendon, a physician in Oakland, stated that he did not believe the medical literature supported the broad use of hallucinogenic fungi and recommended a more cautious approach.
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The resolution's warnings and recommendations
Resolutions, Warnings, and Recommendations
The resolution passed by the Oakland City Council includes several key components. Firstly, it specifies that the use and possession of "entheogenic plants" or "psychoactive plants and fungi" by adults are decriminalized. This includes "magic mushrooms" as well as other natural psychedelics such as cactuses, iboga, and ayahuasca. The resolution directs law enforcement to make the investigation and enforcement of laws related to these substances among their lowest priorities. It is important to note that the resolution does not authorize the commercial sale or manufacturing of these substances and that they remain illegal under federal and California laws.
The resolution also includes several warnings and recommendations for safe and responsible use. It emphasizes that "entheogens are not for everyone" and that certain potential users should exercise caution. For example, individuals with PTSD, major depression, or other mental health issues are advised to consult a physician or seek professional help before considering the use of these substances. It is recommended that users start with small amounts to gauge their reaction and have a trusted, sober friend present during their experience. Additionally, the resolution specifically prohibits driving under the influence of psilocybin, the psychedelic compound found in magic mushrooms.
Supporters of the resolution argue that these substances have been used by various cultures for centuries for spiritual, medicinal, and ritual purposes. They believe that decriminalization will allow law enforcement to focus on more serious crimes and provide access to potential therapeutic benefits. However, opponents express concern about the potential risks associated with the use of these substances, particularly for vulnerable individuals.
It is worth noting that the full impact of decriminalization in Oakland remains to be seen, and critics have raised concerns about perpetuating a "drug-friendly" reputation. The city administrator plans to monitor the effects of decriminalization over a year and provide an assessment of its community impact. This will help inform the establishment of regulations and a better understanding of the associated risks.
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The role of Decriminalize Nature Oakland
Decriminalize Nature Oakland (DNO) is a grassroots campaign that advocates for the decriminalization of entheogenic plants and fungi. The organization believes that growing, gathering, and sharing these plants and fungi is a basic human right and that their criminalization has led to stigma and inhibited exploration for healing and personal and spiritual growth.
DNO was founded in 2019 by individuals connected to the psychedelic and entheogenic community in the San Francisco Bay Area. The group's efforts led to the Oakland City Council's unanimous decision to pass a resolution decriminalizing the use of entheogenic plants and fungi, including "magic mushrooms," cactuses, and iboga. The resolution states that law enforcement should not prioritize investigating, arresting, or prosecuting adults who use, possess, or are involved in the use of these substances. However, it does not authorize their manufacturing, sale, or use while driving.
The organization's work in Oakland has set a precedent for other cities to follow, with several jurisdictions across the United States passing similar Decriminalize Nature resolutions. DNO's success in Oakland has been a pivotal moment in the broader Decriminalize Nature movement, which now includes local chapters across the nation, such as Decriminalize Nature Montana, working towards changing minds and laws in their local areas.
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The potential risks and benefits of decriminalization
Oakland, California, has decriminalized the use of "magic mushrooms" and other natural psychedelics, becoming the second US city to do so after Denver. The Oakland City Council voted unanimously to pass a resolution to decriminalize the use of entheogenic plants, including "magic mushrooms", cactuses, and iboga. While the resolution does not allow for the commercial sale or manufacturing of these substances, it directs law enforcement to cease investigating and prosecuting individuals for using or possessing them.
On the other hand, opponents of decriminalization raise concerns about the potential risks associated with the use of these substances. They argue that decriminalization could encourage people to experiment with potentially harmful drugs. While psilocybin, the compound found in magic mushrooms, is thought to pose a lower risk of addiction than other drugs, it is not entirely risk-free. There are risks associated with engaging in dangerous behavior while under the influence, especially around traffic. It is important to note that the resolution specifically prohibits driving under the influence of psilocybin. Additionally, critics argue that decriminalization could perpetuate a "drug-friendly" reputation for the city.
Furthermore, there is a ongoing debate within the medical community about the effectiveness and safety of these substances. While some individuals have testified about the positive impacts of psychedelics on their mental health and well-being, others, including medical professionals, have expressed skepticism about the broad use of hallucinogenic fungi. The full impact of decriminalization is yet to be seen, and critics caution that more research is needed to understand the effects of these substances.
Overall, the decriminalization of magic mushrooms and other natural psychedelics in Oakland has potential risks and benefits. Supporters argue for the therapeutic and cultural significance of these substances, while opponents raise concerns about the potential negative consequences. It is important to carefully consider both sides of the argument and continue researching the effects of these substances to make informed decisions about their decriminalization.
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The impact on law enforcement
Oakland's decriminalization of magic mushrooms and other natural psychedelics has had a significant impact on law enforcement in the city. The resolution passed by the Oakland City Council directs law enforcement agencies to deprioritize the investigation and prosecution of individuals for using, possessing, or distributing entheogenic plants and fungi. This means that law enforcement resources can be redirected towards more serious crimes and issues that are considered higher priorities for the city.
Prior to the decriminalization, law enforcement in Oakland rarely prioritized arrests and prosecutions for mushrooms, with only 19 cases documented over five years, according to Carlos Plazola, the director of Decriminalize Nature Oakland. The decriminalization resolution further emphasizes this low priority, allowing police to focus their efforts elsewhere.
The resolution specifically states that investigating and prosecuting adults who grow, buy, distribute, or possess entheogenic substances should be among the lowest law enforcement priorities for the city of Oakland. This shift in focus aims to recognize the potential therapeutic and spiritual benefits of these substances, which have been used by various cultures for centuries.
However, it is important to note that the resolution does not authorize the commercial sale or manufacturing of these substances. Law enforcement will continue to address any illegal distribution or possession in schools. Additionally, the resolution includes specific prohibitions against driving under the influence of psilocybin, the psychedelic compound found in magic mushrooms.
The impact of decriminalization on law enforcement extends beyond just the immediate changes in enforcement priorities. The resolution also encourages the exploration of the therapeutic potential of these substances, with supporters hoping to spark a national conversation about decriminalizing plant-based drugs. Lawmakers in Oakland will closely monitor the effects of decriminalization and assess its community impact, using the insights gained to establish rules and regulations for any future legalization efforts.
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Frequently asked questions
Yes, on Tuesday, June 4, 2019, the Oakland City Council voted to decriminalize the possession and use of entheogenic or psychoactive plants and fungi, including "magic mushrooms."
Decriminalization means that law enforcement in Oakland will not investigate or prosecute individuals for using, possessing, selling, or distributing mushrooms and other entheogenic plants and fungi. However, commercial distribution and possession in schools will remain illegal.
Supporters of decriminalization argue that mushrooms and other entheogenic plants have medicinal and therapeutic benefits and have been used by various cultures for spiritual and healing purposes for thousands of years. Decriminalization will also allow law enforcement to focus on more serious crimes.
Critics argue that decriminalization may encourage people to experiment with potentially harmful drugs. There is also a risk of engaging in dangerous behavior while under the influence of psilocybin, such as driving, which is specifically prohibited in Oakland's resolution.
