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Places where psilocybin is legal...anyone lived there?


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#21 Sidestreet

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Posted 18 January 2021 - 09:33 AM

Can't we just use the Canadian videos and overdub the names of U.S. locations and politicians?  ;)

 

That's interesting about the Heller case and it makes total sense.


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#22 ilikethings

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Posted 27 January 2021 - 11:18 PM

Can't we just use the Canadian videos and overdub the names of U.S. locations and politicians?  ;)

 

That's interesting about the Heller case and it makes total sense.

I wish.  But I don't think it would be hard to find people willing to appear in the appeal videos.  I'd also look to veterans to make appeal/testimonial videos.  So and so (forget his name) who founded Mycomeditations may very well still be in prison if it were not for the veterans who appeared at his trial/sentencing who spoke on his behalf.  Most Judges (but not all) are susceptible to public outcry/testimonials at sentencing.  It's all about getting people to physically show up in person at court in front of the judge. 

 

For example, when Kwami Kilpatrick was at his final sentencing appeal in OH, the judge noted that none of his immediate family (wife and children) appeared in court to speak on his behalf, e.g. that he is a good person.  He mentioned this in his opinion denying Kwame Kilpatrick's sentencing appeal. 


Edited by ilikethings, 27 January 2021 - 11:23 PM.

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#23 Sidestreet

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Posted 28 January 2021 - 07:17 PM

I got on this kick by first trying to locate the evidence used by the DEA to classify psilocybin as schedule 1 material, i.e. if schedule 1 materials are (1) have no medical benefit, and (2) have a high risk of abuse, then what evidence did the DEA rely on to arrive at this conclusion.  I have yet to find anything.  In other similar situations like MSDS sheets in manufacturing facilities rate chemicals according to dangerousness...but there are studies that support the classifications, e.g. this chemical was found to cause cancer in x% of mice, et al.

 

Reading back through this thread, I realize I sort of missed your main question: the evidence used by the DEA to make the conclusions necessary to place psilocybin in Schedule 1.  

 

Per Wikipedia (I know I know) psilocybin placed into Schedule 1 by the 1970 Controlled Substances Act.  You're right that there's probably some debate in the Congressional Record.  I'm sure it was all heat and no light.  But the DEA wouldn't have had to go through the rulemaking process with all the findings, etc. because psilocybin was scheduled by act of Congress, right?  Also (Wiki again--hey, what are you, my writing professor?) DEA wasn't established until 1973.


Edited by Sidestreet, 28 January 2021 - 07:25 PM.

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#24 ilikethings

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Posted 20 February 2021 - 01:43 PM

Based on the above post, the DEA would not even be able to de-schedule psilo since it was scheduled by an act of Congress.  :(



#25 Sidestreet

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Posted 21 February 2021 - 09:32 AM

Well, I don't know about that.  The Controlled Substances Act placed drugs onto the schedules legislatively, but the statute says it allows administrative rescheduling of "any" drug:

 

 

(a) Rules and regulations of Attorney General; hearing

 

The Attorney General shall apply the provisions of this subchapter to the controlled substances listed in the schedules established by section 812 of this title and to any other drug or other substance added to such schedules under this subchapter. Except as provided in subsections (d) and (e), the Attorney General may by rule—

 

(1) add to such a schedule or transfer between such schedules any drug or other substance if he—

 

   (A)finds that such drug or other substance has a potential for abuse, and

 
   (B)makes with respect to such drug or other substance the findings prescribed by subsection (b) of section 812 of this title for the schedule in which such drug is to be placed; or

 

(2) remove any drug or other substance from the schedules if he finds that the drug or other substance does not meet the requirements for inclusion in any schedule.

Rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by subchapter II of chapter 5 of title 5. Proceedings for the issuance, amendment, or repeal of such rules may be initiated by the Attorney General (1) on his own motion, (2) at the request of the Secretary, or (3) on the petition of any interested party.

https://www.law.corn...ode/text/21/811

 

I wouldn't hold my breath for it to happen that way, though.  The legislative path seems relatively much more likely.


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#26 ilikethings

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Posted 27 February 2021 - 02:54 PM

@sidestreet, there is another alternative I've been considering--Religious Freedom Restoration Acts at the State level.  I have followed some of these efforts that are generally described as a "loop hole" for people to discriminate against the gays but there is more to it than that.  I've seen these bills not pass because no Dems support them in the State legislatures where they have been proposed.  However, when you look at the language in these bills, the law they rely on is generally the Native American drug cases from the early 90s to early 2000's. 

 

Employment Division, Department of Human Resources of Oregon v. Smith, 494 U.S. 872 (1990)

-->

The Court held that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts performed in pursuit of religious beliefs, they are not required to do so.

 

Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006)

-->The Court held that, under the Religious Freedom Restoration Act, the government had failed to show a compelling interest in prosecuting religious adherents for drinking a sacramental tea containing a Schedule I controlled substance.

 

Seems like Dems could be induced to vote for them once they understand that the same laws that give an anti-gay baker a defense to their crime, would also give a new religious defense to people charged with use/possession of psilo.


Edited by ilikethings, 27 February 2021 - 02:56 PM.

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#27 Sidestreet

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Posted 28 February 2021 - 01:11 PM

There was some discussion about religious freedom and psychedelics a handful of years ago on this site:  https://mycotopia.ne...ious-psych-use/

 

It has been five years so I'm not sure whether it's still current, or whether my analysis would be different.

 

I don't know about Democrats leveraging RFRA with the purpose of providing a defense to psychonauts!  RFRA is very politicized and polarized.

 

I am very surprised and pleased to see what's happening in a couple of places with decriminalization, though.  It will be good to see what happens in those places.


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#28 ilikethings

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Posted 28 February 2021 - 07:36 PM

The story of Jane

 

Jane is an 18 year old women who lives with and is the caregiver for her elderly grandmother.  Jane is smart and inquisitive.  She discovers that there is a local variety of psilocebe growing in her grandmother's front yard.  She sells 7g to an Iraq conflict veteran suffering with trauma he has yet to digest and progress past.  The veteran consumes 3.5g and has a very positive experience.  The veteran's wife discovers the other 3.5g and investigates.  Before approaching her husband, she scans his signal on his phone and notes the number associated with her husband's communications to acquire the mush.  The wife, under the belief that her husband is abusing "drugs," calls the police and provides them with Jane's phone number and screen shots of the texts.

 

Jane is a devout member of the Church of Sacred Mirrors.  Jane has no criminal record.  She graduated from High School with all A's and B's.  She was offered a 50% tuition scholarship to U of State but turned it down to take care of her ailing grandmother.  But she is still managing to attend community college part time.

 

The police arrange for a 21yo attractive male officer to go undercover at Jane's CCollege and portray himself as a veteran and utilize all the known communication ques (emulating the narrative of the veteran--based on information provided by the veteran's wife) to induce Jane to offer to provide fruits to the UC-cop.  Jane gets arrested.  

 

Unknown to anyone but Jane and the Veteran, Jane had provided psilo-medicine to a handful of other veterans--and all but one had substantially positive results, e.g. reduction in panic/anxiety attacks, ability to consistently sleep throughout the night, et al.

 

Jane was offered a plea deal and rejected it.  She wanted to proceed to trial.  At trial, the courtroom was packed with 15 veterans (in uniform) and 30 of their family members.  The Veteran, and four other veterans who consumed the fruits were allowed to appear as character witnesses.  The jury finds Jane not guilty.

 

...the "perfect" defendant scenario.


Edited by ilikethings, 28 February 2021 - 07:41 PM.

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#29 cujoloki

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Posted 28 February 2021 - 11:43 PM

Is this a true story?


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#30 ilikethings

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Posted 11 March 2021 - 06:17 PM

Is this a true story?

No.  It's more of a perfect composite of cases for a hypothetical Supreme Court case.  I was just riffing.  i.e.various parts are real but are from different cases.  for example, several veterans did show up to the trial of the guy who now runs Mycomeditations.  He presumably got a much lower sentence bc of the veterans appearing as either character witnesses or making statements at sentencing--i dont recall.  look it up.  basically he was facilitating a fungi session.  he normally collects everyones' car keys (I think he had a place on 10+ acres--so if someone freaked and ran, at least they could not drive).  But one lady hid a second set of keys in her car.  She started to freak out.  She drove away and crashed into a utility pole and was arrested.  she made a deal and ratted on the guy doing the session.  coppers found 1lb in a hollow log in the woodline behind his house.  i think it happened in ohio or kentucky.


Edited by ilikethings, 11 March 2021 - 06:28 PM.





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