Biggest US Drug Loopholes: Delta-8 THC and Magic Mushrooms

Every country has its own set of drug laws, and nearly every set of drug laws comes with some sort of loophole. This is true for the good ole US of A as well. In fact, there are some very interesting US drug loopholes, namely delta-8 THC, and magic mushrooms.

What’s better than good old-fashioned US drug loopholes? Not much! Luckily, with current legislation still in gray area, delta-8 THC is available to the masses. And this is great. Not only does it give alternate benefits to standard delta-9 THC – like less psychoactive effect and a more clear-headed highbut it also causes less anxiety for users. Delta-9 is still federally illegal, but delta-8 is not completely, and that means we can bring you the best delta-8 THC deals, so you can give it a go for yourself.

What is a legal loophole?

A basic definition for a loophole is “…a technicality that allows a person or business to avoid the scope of a law or restriction without directly violating the law.” In other words, laws do exist, but either the laws don’t cover everything, aren’t specific enough, or exist alongside contradictory laws that call into question general legality. No matter what the exact reason is that the initial law doesn’t hold, a loophole demonstrates the ability to get around it. Before getting to US drug loopholes, let’s take a look at non-drug loopholes. Here are a couple examples of existing/recently-closed loopholes in America, to give an idea of how loopholes actually work.

• The legal drinking age in the US is 21, right? Well, in Wisconsin, this can be gotten around. According to Wisconsin state law, a parent is allowed to give a child an alcoholic beverage, so long as the parent has a proper ID. This drink can be administered not only in a private residence, but in a bar or restaurant as well. The parent must order the drink first, and be served it, before passing it onto their child. This law exists under Chapter 125 of the Wisconsin Statutes, in the department of revenue, and states: “An underage person accompanied by a parent, guardian, or spouse of legal drinking age may be sold or served alcohol beverages in any licensed premises.” There are questions as to whether this could apply to a child between 18-21, as the parent is not technically a legal guardian anymore.

• Murder is illegal, right? Well, according to a loophole in Colorado, this isn’t always the case. Colorado’s Make My Day law actually states that “any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling….”. This isn’t terribly different than self-defense laws that exist almost anywhere, but Colorado’s law was used in court by inmates claiming their cell was their home, and that they had a right to murder to defend it.

US drug loopholes

In 2011, Antero Alaniz and Aaron Bernal killed 3rd inmate Cleveland Flood in the Sterling Correctional Facility, when Flood entered the cell of the other two prisoners. Alaniz and Bernal successfully used the Make My Day law as their defense to have the charges thrown out in 2014, by saying the cell was their home and they had a right to defend it. In April 2016, Colorado Governor John Hickenlooper signed an update to the legislation that bars it from being used further in the prison system, effectively closing the loophole.

US drug loopholes: delta-8 THC

There are plenty of US drug loopholes, but two of the most interesting ones relate to schedule I substances. The first is delta-8 THC, although how effective the loophole is, is certainly questionable. According to DEA Criminal Code 7370, all tetrahydrocannabinols are illegal, expect those that fall under the definition of ‘hemp’. The definition of hemp includes the flower itself, and products made from it:

“…the plant Cannabis Sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

This definition does not include any synthetics, only naturally occurring derivatives of hemp. Delta-8 THC is a naturally occurring derivative of delta-9, formed through the oxidation of delta-9 when it comes into contact with oxygen. This process produces only minute amounts of delta-8 however, and in order for people to use it as a product, the delta-8 must be sourced using human processing help. As there is not a clear answer as to what constitutes a synthetic – and if human processing help puts it in this category, delta-8 falls into legal gray area about this definitional point. An Interim Final Rule put out by the DEA, and reinforced by the recent USDA Final Rule on hemp, does nothing to clarify this point.

This isn’t the only factor that effects delta-8 THC legality though. The 2018 US Farm Bill, which legalized the cultivation of hemp, and production of hemp-based products, and which uses the aforementioned definition of hemp, stipulates that it must be sourced from plants with not more than .3% THC in order to qualify as hemp. This would indicate the ability to source any amount of delta-8, so long as the delta-9 being used, came from hemp.

However, specifications to this law have pointed out that not only does the hemp plant need to have .3% THC or less, but it must retain this standard through the entirety of processing, as well as for the final product. Does this mean delta-8 is actually illegal? No. But it does make some rather stiff requirements for how strong a delta-8 product can be, essentially stating that the finished product also can’t have more than .3% THC. As the definition of hemp includes derivatives, and delta-8 is a derivative of delta-9, it does not get around this point.

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US drug loopholes: magic mushrooms

The second of the US drug loopholes has to do with mushrooms. Magic mushrooms are psychedelic fungi that can grow in the wild or be cultivated. Mushrooms that fit into this grouping contain psychoactive compounds like psilocybin and psilocin. These compounds are serotonergic hallucinogenic compounds, meaning they effect serotonin receptors in the brain, and are known for altering perception, mood, reality, and time for the user, while promoting feelings of euphoria, overall well-being, spirituality, and connectedness between people.

This loophole exists globally because of two opposing factors. The first is the inclusion of psilocybin, psilocin, and derivatives found in magic mushroom plants, in the Schedule I of the UN’s Convention on Psychotropic substances, an international treaty that denotes the legality of certain psychoactive drugs worldwide.

However, the plants themselves are not under any scheduling treaty globally. This means, that though there are laws outlawing what’s in the plants, there is no law against the plants themselves. This was emphasized in 2001, when the independent organization monitoring the implementation of UN drug treaties, the International Narcotics Control Board, made a statement to the Dutch ministry of health, in answer to a question about mushroom legality. It states:

“As a matter of international law, no plants (natural material) containing psilocine and psilocybin are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject of the articles of the 1971 Convention.”

As can be seen in the answer, it is not simply the mushrooms themselves that are not under any global UN control, but nor are the preparations made from them, which would put this in direct contrast to the illegality of the active components. However, this is an international treaty, and not US law. When it comes to US law, the Controlled Substances Act from 1970, and the Psychotropic Substances Act of 1978 outlaw: “any material, compound, mixture, or preparation, substances which contains any quantity of the following hallucinogenic substances, or which contains any of their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation”, with both psilocybin and psilocyn mentioned.

Depending on whether the terms ‘material’ and ‘substance’ account for plants, this definition does seem to illegalize magic mushrooms…albeit, with room for debate since the mushrooms themselves are still not mentioned.

magic mushrooms loophole

Notwithstanding states that have legalized (Oregon), or locations that have decriminalized (Denver) mushrooms, does this make magic mushrooms entirely federally illegal? No, it doesn’t. Though the US goes further than some countries which leave a wider loophole, the US does allow for certain things. And the biggest one, is the sale of magic mushroom spores. In fact most – but not all – states allow spores to be sold so long as the intention is not to ingest them. This, of course, is as silly as outlawing all cannabis, and then allowing hemp to be grown.

The reason for this, is that the spores themselves don’t contain psychedelic compounds, making them exempt from federal law. Technically, they aren’t meant to grow or be consumed, but the law allows them to be bought and sold, making the ability to grow and consume them, very possible in the USA. Another thing to consider, related to a Florida Supreme Court case from 1970, is that, if a person is arrested for mushrooms, but doesn’t know they are magic mushrooms (or can make a court believe this), they will likely not be held responsible for what they are not expected to realistically know.

It probably also bears mentioning, that the US’s FDA made the designation of psilocybin as a breakthrough therapy for major depression in 2019, a term meant to expedite the testing and development of medications. Funny for a government agency to work to speed along medications for a schedule I compound. Says a lot for how magic mushrooms are actually viewed by the US government.

Conclusion

The whole idea of a loophole, is that it’s not exactly legal, it’s just not 100% illegal either. I also include circumstances where there is illegality, but it doesn’t mitigate access. As one of the biggest current US drug loopholes, there is a mess of confusion currently around delta-8 THC, and though it seems more and more like the loophole available, doesn’t really cover everything, it’s also not officially illegal either.

For magic mushrooms, once again, the mushrooms aren’t stated as anything more than a ‘material’ or ‘substance’, which might make it arguable in court. But more importantly, their spores are completely legal in most US locations, making the availability and ability to grow them, not only possible, but pretty freaking easy!

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Resources

How to Test Delta-10 Products to Ensure They Are Real
Denver Residents Vote to Decriminalize “Magic Mushrooms”

Start Spreading the News: Recreational Cannabis is Legal in New York… and New Mexico
DIY: How to Make Delta-8 THC at Home Mexico’s Magic Mushroom Tourism Industry Welcome to the World’s 1st DMT Trials into Depression
What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)

Nature’s Magic – The Health Benefits of Psilocybin Mushrooms
The CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers). The Legality of Delta-10 THC – Where It Stands
Psychedelic-Assisted Therapy, and How It Works

The Delta 8 Weekly Newsletter (All you need to know about Delta 8 thc), the Best Delta 8 THC Deals and the Best Delta-10 THC deals.
What is Delta 10 THC & Does It Get You High? What’s The Best Extraction Method For CBD?
Cannabis Election Results – What Just Became Legal in the United States Delta 8 / 9 / 10 / 11… How Many THCs Are Out There? Kiss the Psychedelic Toads to Treat Mental Illness
Delta-8 THC Exploits Fantastic Legal Loophole Florida Bill Aims to Legalize Medical Magic Mushrooms
The New Rise of Medical Psychedelics

DisclaimerHi, I’m a researcher and writer. I’m not a medical professional, I have no formal legal education, and I’ve never been to business school. All information in my articles is sourced from other places which are always mentioned, and all opinions stated are mine, and are made clear to be mine. I am not giving anyone advise of any kind, in any capacity. I am more than happy to discuss topics, but should someone have a further question or concern, they should seek guidance from a professional in the relevant field for more information.

The post Biggest US Drug Loopholes: Delta-8 THC and Magic Mushrooms appeared first on CBD Testers.

How is Delic creating a legal psychedelic ecosystem

In 2019, a new kind of wellness business sprouted – a legal psychedelic drug company. We spoke with Matt Stang, the co-founder and CEO of Delic Corp to learn more about their mission as well as any strategies they utilized to build a publicly traded, legal psychedelic ecosystem. Matt Stang spent twenty years pioneering the […]

The post How is Delic creating a legal psychedelic ecosystem appeared first on Latest Cannabis News Today – Headlines, Videos & Stocks.

Mexico’s Magic Mushroom Tourism Industry

The term ‘cannabis tourism’ denotes a well-known concept. People travel to destinations where they can specifically take part in cannabis consumption activities. Cannabis is not the only drug that drives tourism though, as Mexico’s burgeoning magic mushroom tourism industry implies. Yes, Mexico is known for cartels and tequila, mariachi and sombreros. And now magic mushrooms too. Psychedelic tourism is definitely on the rise.

Of all the psychedelics, THC is still the most popular one. For THC users who have a problem with the anxiety or experience paranoia, the alternate delta-8 THC might be preferable. If you think you could benefit from this altered version of THC, take a look at our awesome delta-8 THC deals, and try it out for yourself.

Maria Sabina and Oaxaca mushrooms

Different parts of Mexico are known for different things. Like the town of Tequila, which is the actual birthplace of one of the most popular liquors throughout the world. As it happens, the state of Oaxaca, Mexico is known for its very own thing, as the main point of Mexico’s magic mushroom tourism industry. The Oaxaca highlands area, like San Jose del Pacifico, is specifically known for magic mushrooms and the related tourism, particularly between July and October.

Travelers come to Oaxaca for mushrooms, both from within Mexico, and from all over the world. Magic mushrooms were first discovered in Mexico by Spanish friars, during the time that Mexico was being colonized. Oaxaca mushrooms (or ‘hongos’ in Spanish) were brought into prominence in this area by witch doctor – or Mazatec curandera – Maria Sabina, who used them in her work.

She worked with many rich and powerful people who wanted the benefits of the mushrooms. She became well-known to the public in 1955 when the article ‘Seeking the Magic Mushroom’ written by R Gordon Wasson, the vice-president of JP Morgan, was published. It was this semi-stardom that made her, and her mushrooms, known to Timothy Leary, the Harvard psychologist who went on to become a leading advocate for psychedelics.

Mexican magic mushrooms

Timothy Leary wasn’t the only well-known name to have been inspired by Maria Sabina. In the 1960’s – the era of the hippie, psychedelics were rather big for both individual use, and in celebrity culture. That general area of Oaxaca was visited in this decade by members of the Beatles, the Rolling Stones, Jim Morrison of the Doors, and Bob Dylan, all to take psychedelic mushrooms.

These mushrooms are a big part of local Zapotec culture, and are used for religious and traditional purposes. Law enforcement tends to ignore these uses by indigenous cultures, even though the mushrooms are illegal. In the Zapotec culture, children as young as six-years-old can consume mushrooms as part of their rituals. In fact, the current influx of tourists has done much to disrupt local culture in the area, and has worked to drive a large magic mushroom scam market as well.

Mexico’s magic mushroom tourism industry has brought so many people to Oaxaca, and places like San Jose del Pacifico, and Huautla de Jimenez, where Maria Sabina used to operate from, that tourists getting off the buses in some of these areas can expect to be met by children, waiting to take them to where they can find mushrooms.

What are magic mushrooms? And what are psychedelics?

Magic mushrooms are a grouping of fungi that can grow wild, or be cultivated. Mushrooms with this designation contain psilocybin as a primary psychoactive compound, though many mushrooms contain other psychoactive compounds as well, like Psilocin. Examples of mushrooms in this category include: Psilocybe (the most well-known), Panaeolus, and Conocybe. Mushrooms are often purchased dried out, but can be consumed raw as well. Mushroom trips generally last around six hours.

Both psilocybin and psilocin are hallucinogenic compounds that are both serotonergic, or acting on serotonin receptors in the brain. Magic mushrooms are known for promoting feelings of euphoria, altered mood and perception, distortion in time and reality, heightened feelings of connection between people, intensified feelings of spirituality, and an increased level of introspection.

Psychedelics, the class of drugs that psilocybin and psilocin are known as, is a subset of hallucinogenic drugs, which itself is a subset of psychoactive drugs. Psychedelics are known generally for causing the kinds of effects experienced through magic mushrooms, with altered perception, cognition, and mood, euphoria, spirituality, connectedness, and the rest. Very infrequently are psychedelics associated with unwanted effects and bad trips if dosing is done correctly, but negative effects like increased heart rate, anxiety, sweating, and nausea, are possible.

Mexico's magic mushroom tourism

Recently there has been a renewed interest in psychedelic testing. This is a general continuation of what was started in the mid 1900’s with LSD and psychedelic-assisted therapy, in which the patient is given a psychedelic drug, and then guided through the experience by a professional, who can help the patient use the drug to mentally work out their issues.

Legality of magic mushrooms

Mushrooms are interesting because they fall into a legal loophole in many places of the world. The magic mushroom loophole goes like this: the active psychedelic compounds found in mushrooms, like psilocybin and psilocin, are schedule I drugs according to the Convention on Psychotropic Substances, a UN international drug scheduling treaty meant to police the use, production, and sale of different substances throughout the world. Many countries, like the US, also have drug scheduling laws of their own, and many put these compounds in schedule I of local legislation.

What creates the loophole with magic mushrooms, is that the mushrooms themselves are perfectly legal, and under no global treaty regulation. Under international law, its legal to have the mushrooms, but the compounds inside are illegal. Plus, many places (like Mexico) make designations about how the mushroom is grown, to determine legality.

It’s just like the industrial hemp loophole, which allows industrial hemp to be grown in places where cannabis consumption is illegal, thereby giving residents a way to consume hemp outside of the law. This same loophole also covers products like delta-8 THC, which can be sourced from the *legal THC in hemp plants, thereby creating a compound that is technically illegal according to what it is, but produced completely legally, and not actually mentioned by name in the law.

Putting these drugs in schedule I of drug legislation implies that the compounds are dangerous, addictive, and with no medical benefit. A line like this starts to sound sillier and sillier as it keeps being applied to substances that are so clearly not in that category. And it brings up the question of how we’re supposed to be protected by such laws, and the people who put them in place.

In 2001, this loophole was made all the more clear on a global level, when the (INCB) International Narcotics Control Board (the independent organization that monitors how UN international drug treaties are implemented) secretary of the board, Herbert Schaepe, made the following statement in answer to a question by the Dutch Ministry of Health:

“As a matter of international law, no plants (natural material) containing psilocine and psilocybin are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject of the articles of the 1971 Convention.”

Is Mexico’s magic mushroom tourism industry illegal?

Magic Mushrooms Mexico

When it comes to Mexico, the 1984 Ley General de Salud outlaws both psilocybin and psilocin, and even goes farther than the US, specifically mentioning psilocybin-containing fungi as a whole, to be illegal. The law even calls out a few specific species like: Psilocybe Mexicana, and Psilocybe cubensis. Native cultures using mushrooms are not held to enforcement of this law, and wild-growing mushrooms are actually legal!

What is very strange, is that when Mexico signed an amendment to the General Law on Health and the Federal Penal Code in 2009, that both LSD and MDMA were included in the list of drugs that were decriminalized, but magic mushrooms and their compounds, were not. This could, perhaps, be related to the ability for self-cultivation with mushrooms. The idea of decriminalized mushrooms might be a little scarier to big business. After all, once it becomes like cannabis, where personal-cultivation is a regular thing, it will be harder for biotech and pharmaceutical companies to control the industry.

And how likely is a pharmaceutical industry for magic mushrooms? Considering they are already used in tons of places, and that the US’s FDA named magic mushrooms as a ‘breakthrough therapy’ for major depression in 2009, it looks like there certainly will be.

According to the FDA, this “designation is for a drug that treats a serious or life-threatening condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement on a clinically significant endpoint(s) over available therapies.” This is literally meant to quicken the development of products. If the FDA is pushing this hard for magic mushroom products, it’s a good bet there’s an industry waiting to erupt, and a full legalization might not happen until that time.

Experience Mexico’s magic mushroom tourism industry

If you’re looking to take advantage of Mexico’s magic mushroom tourism, you’ll probably want to head to San Jose Del Pacifico, which is a three hour drive from Oaxaca city, and about 3.5 hours from the Pacific coast. If you simply make it there, you probably won’t have to look too hard, since, as mentioned, the area caters to this tourism. In fact, it’s quite possible that the attendant at your hostel or hotel might ask you if you’re interested. One mushroom trip should cost about $200-250 pesos, but this could vary between locations.

Of course, if you’d rather find them yourself, you can do that too. Just be wary since picking the wrong mushroom could mean a pretty nasty death. If you want to pick them yourself, head to that region between July and October, which is the rainy season. Heading between June and August will likely net the best results.

For those who like things more planned out, there are plenty of magic mushroom retreats like this Buena Vida psilocybin retreat, where participants can take part in a controlled ritual ceremony. Retreats can be found all over the country, as Oaxaca, often considered the capital for magic mushrooms, is not the only location for tourism. Retreats exist in the Mayan Jungle, through Bluaya. Or Life Synergy Retreat which offers retreats in Playa del Carmen, and Tulipanes.

magic mushroom retreat

Conclusion

The general illegality of the compounds within magic mushrooms, and the mushrooms themselves, make the legality of magic mushroom tourism questionable in Mexico. However, it seems to be acceptable for ceremonial use, and when found in the wild. The latter is very important here, because it means if the mushrooms are not being officially cultivated – by you or a company – they’re actually perfectly legal.

In that sense, anyone can legally walk into the woods at any time, and legally pick and use magic mushrooms. Any retreat that incorporates these aspects of the law, can operate perfectly legally. As the general world of psychedelic tourism grows, Mexico is sure to see even more people come through, to trip on its mushrooms.

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Resources

Delta-8 THC Delivery Methods: Best Way to Get It in You
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The New Rise of Medical Psychedelics
What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)

Mexico Delayed Cannabis Bill Again
Delta-8 THC and Athletics – Why the Two Go Together
The CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers). Nature’s Magic – The Health Benefits of Psilocybin Mushrooms
Florida Bill Aims to Legalize Medical Magic Mushrooms

The Delta 8 Weekly Newsletter (All you need to know about Delta 8 thc) and the Best Delta 8 THC Deals. Desert Tripping – A Closer Look at Peyote: Spiritual, Medicinal, & Controversial
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Ayahuasca In the Fight Against Drug Addiction MDMA – The New Way to Treat PTSD
Welcome to the World’s 1st DMT Trials into Depression

Disclaimer: Hi, I’m a researcher and writer. I’m not a medical professional, I have no formal legal education, and I’ve never been to business school. All information in my articles is sourced from other places, which are always referenced, and all opinions stated are mine, and are made clear to be mine. I am not giving anyone advise of any kind, in any capacity. I am more than happy to discuss topics, but should someone have a further question or concern, they should seek guidance from a professional in the relevant field for more information.

The post Mexico’s Magic Mushroom Tourism Industry appeared first on CBD Testers.

Friday, April 16, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Friday, April 16, 2021 | Curated by host Shea Gunther

// Alabama Medical Marijuana Legalization Bill That Already Passed The Senate Heads To House Floor (Marijuana Moment)

// Idaho Republicans tried to block any future marijuana legalization. How’d it turn out? (Idaho Statesman)

// 69 Percent Of Americans Now Support Legalizing Marijuana- An All-Time High Quinnipiac Poll Finds (Marijuana Moment)


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// Dispensary Owner Says Fred Meyer Refused to Accept Her Electric Bill Payment (Willamette Week)

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// TILT Holdings Q4 Revenue Expands 8% Sequentially to $42.3 Million (New Cannabis Ventures)

// New Study Suggests More Testing For Psilocybin Depression Treatments (Green Market Report)

// New York could establish weed-supply advantage over New Jersey (Crain’s New York)

// Limited Tennessee Medical Marijuana Bill Heads To Senate Floor (Marijuana Moment)

// The Cannabis Industry Remembers Steve Fox (Forbes)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

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Wednesday, March 24, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Wednesday, March 24, 2021 | Curated by host Shea Gunther

// Marijuana Banking Bill Reintroduced In Senate With Nearly A Third Of The Chamber Signed On (Marijuana Moment)

// Texas Cops Just Arrested and Killed a Man for Possessing One Joint Worth of Weed (Merry Jane)

// Colorado Governor Signs Marijuana Social Equity Bill As Lawmakers Vote To Increase Possession Limit (Marijuana Moment)


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// Maine medical marijuana caregivers ‘greatly disturbed’ by proposed industry rules (Bangor Daily News)

// Maryland adult-use marijuana legalization effort fails for this year (Marijuana Business Daily)

Check out our other projects:Marijuana Today— Our flagship title, a weekly podcast examining the world of marijuana business and activism with some of the smartest people in the industry and movement. • Marijuana Media Connect— A service that connects industry insiders in the legal marijuana industry with journalists, bloggers, and writers in need of expert sources for their stories.

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Tuesday March 23, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Tuesday, March 23, 2021 | Curated by host Shea Gunther

// New Mexico Governor Plans Special Session On Marijuana As Legalization Bill Stalls On Final Stretch (Marijuana Moment)

// Same old Joe: Rebuffing staff who smoked pot fits Biden’s MO (Politico)

// North Dakota Senators Advance House-Passed Marijuana Legalization Bill (Marijuana Moment)


These headlines are brought to you by Agilent, a Fortune 500 company known for providing top-notch testing solutions to cannabis and hemp testing labs worldwide. Are you considering testing your cannabis in-house for potency? Agilent is giving away a FREE 1260 HPLC system for one year! If you are a Cultivator, processor, or cannabis testing lab you may qualify for this giveaway. Open up bitly.com/cannabis-contest to answer a few quick questions to enter to win!


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Wednesday March 17, 2021 Headlines | Marijuana Today Daily News

Marijuana Today Daily Headlines
Tuesday, March 16, 2021 | Curated by host Shea Gunther

// Connecticut House Speaker Says ‘Optimism Abounds’ As Marijuana Legalization Negotiations Proceed (Marijuana Moment)

// Legalizing Marijuana Has Been A ‘Uniformly Positive’ Move In Washington State Governor Says (Marijuana Moment)

// Oregon Governor Appoints Panel To Implement Historic Legal Psilocybin Therapy Measure (Marijuana Moment)


These headlines are brought to you by Agilent, a Fortune 500 company known for providing top-notch testing solutions to cannabis and hemp testing labs worldwide. Are you considering testing your cannabis in-house for potency? Agilent is giving away a FREE 1260 HPLC system for one year! If you are a Cultivator, processor, or cannabis testing lab you may qualify for this giveaway. Open up bitly.com/cannabis-contest to answer a few quick questions to enter to win!


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Are magic mushrooms synergistic with cannabis and your ECS?

Sometimes depression can hurt, literally. Interestingly, this has a lot to do with our Endocannabinoid Systems (ECS)—a network that consists of a few receptors and two neurotransmitters. Pain and emotions are tied together through these messengers. And, it is through the ECS that magic mushrooms and cannabis can often, although counterintuitively, have therapeutic effects. (1) […]

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Florida Bill Aims to Legalize Medical Magic Mushrooms

For the last several decades, it was almost unthinkable to consider what Florida lawmakers are now considering. In light of the recent flurry to change legal restrictions on cannabis, the psychedelic field is starting to get its own flurry of attention. With new research coming out to back the medical properties, a Florida lawmaker produced a bill that aims to legalize magic mushrooms for medicinal purposes.

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What are magic mushrooms?

Magic mushrooms are a group of fungi that grow wild or are cultivated, that contain the compound psilocybin. Some of the mushroom genera that fit into this category include: Panaeolus, Conocybe, and Psilocybe – the most well-known.

Psilocybin is a hallucinogenic and psychoactive compound. Much like LSD it is a serotonergic psychedelic, which means it activates serotonin receptors in the brain. Albert Hoffmann, the same guy who brought us LSD in 1938, was also the first guy to isolate psilocybin in 1958. As hallucinogens, magic mushrooms can cause users to see, hear, and physically feel things that are not actually there. Psilocybin is also associated with feeling euphoric, altering mood, altering perception, an intensified sense of connection to other people, distortion in time and reality, a high level of introspection, and spiritual experiences.

Mushrooms can be dried out before being consumed, or eaten raw, and effects can last about six hours. Psilocybin is a Schedule I compound according to the Convention on Psychotropic Substances, a drug scheduling treaty, much like the Single Convention on Narcotic Substances treaty which was signed in 1961. Schedule I on both treaties denote a dangerous drug with no medical value.

Florida legalize magic mushrooms

Is it legal?

Psilocybin in technically banned due to being in Schedule I of the Convention on Psychotropic Substances treaty. The treaty is an international UN treaty from 1971 that sets legal guidelines for drugs throughout the world. It was originally illegalized in the US in 1968 with the Staggers-Dodd bill, before becoming illegal all over the world through the scheduling treaty, which ignored all medical benefit of the compound.

However, this is not the whole story. While psilocybin and psilocin (another psychoactive compound in magic mushrooms) are Schedule I drugs, the mushrooms themselves are not regulated under any treaty, and are part of longstanding medical, religious, and spiritual traditions all over the world. In a letter dated September 13, 2001, Herbert Schaepe – the secretary of the board for the (INCB) International Narcotics Control Board, which is the independent body that monitors the implementation for the UN’s International drug treaties – specified the following to the Dutch Ministry of Health:

“As a matter of international law, no plants (natural material) containing psilocine and psilocybin are at present controlled under the Convention on Psychotropic Substances of 1971. Consequently, preparations made of these plants are not under international control and, therefore, not subject of the articles of the 1971 Convention.”  

Where are they legal in the US?

In fact, different countries have different legalization policies for mushrooms, making a disconnect between the UN treaty, and individual laws of countries. In the US, mushrooms are illegal under federal law, however there are already states with decriminalization policies in place, including: Ann arbor, Michigan; Denver, Colorado; Oakland and Santa Cruz in California; and Washington DC. Psilocybin was legalized in Oregon during the 2020 presidential election, for the treatment of mental health disorders, under supervision. Oregon even decriminalized its recreational use, along with several other drugs, under Measure 110. All of this went into effect on February 1st 2021.

On November 3rd, 2020, Oregon passed Measure 109, making it the first US state to legalize psilocybin use medically. The state has two years to complete an operational regulation structure. The law, which passed with 56% of the vote by Oregon voters, will allow adults 21+ to have access to psilocybin products for ‘personal development’ so long as they pass a screening. This would take place only in licensed facilities. It should be remembered that Oregon already allows legal adult-use marijuana through Measure 91 which was approved back in 2014.

New Florida bill to legalize magic mushrooms

Oregon isn’t the only state to update its view on magic mushrooms and psilocybin. Last month, Florida House Representative Michael Grieco introduced a bill that would legalize magic mushrooms (psilocybin) medicinally for people with mental disorders like depression and anxiety. Called the Florida Psilocybin Mental Health Care Act, it calls for the creation of state-funded clinics where micro-dosing of psilocybin by licensed professionals, can be done. The magic mushroom experience would take place with the health care professional, and the patient would be offered a counseling session afterwards as well. Said Grieco:

“When people think of ‘magic mushrooms,’ they think of listening to Pink Floyd and tie-dye T-shirts, but we should take this seriously… We have veterans and Floridians who have deep depression and post-traumatic stress disorder who are resistant to other medications.”

psychedelic medicine

His 59-page proposal is partially based on Oregon’s aforementioned bill that legalized psilocybin for medicinal use. It should be noted, that while psilocybin and magic mushrooms are illegal federally in the US, the US (FDA) Food & Drug Administration twice in 2019 made the designation of psilocybin as a ‘breakthrough therapy’ for major depression.

This isn’t just cute wording either. Giving such a designation is meant to quicken development for medications. As per the FDA, “A breakthrough therapy designation is for a drug that treats a serious or life-threatening condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement on a clinically significant endpoint(s) over available therapies.”

What about Connecticut, California, New Jersey and Hawaii?

Not every state to introduce a new measure, is introducing one as extreme as the Florida bill that would legalize magic mushrooms medicinally. However, on February 18th, 2021, California democratic Senator Scott Weiner introduced a bill that would decriminalize psychedelic drugs like psilocybin, LSD, ketamine, MDMA, mescaline, and DMT for both personal and therapeutic use in California.

The bill actually specifically excludes peyote, since its considered an endangered plant which is highly important to Native American traditions. This is not the same as what Florida is proposing, or that Oregon has with Measure 109, but it would make the possession and use of these drugs not a criminal offense. The bill would also expunge the criminal records of those who had psychedelic possession convictions.

Said Weiner, “The war on drugs has been a complete failure… It hasn’t stopped people from using drugs and it hasn’t stopped addiction.” This idea was expanded on by policy and advocacy counsel Ismail Lourido Ali of (MAPS) Multidisciplinary Association for Psychedelic Studies, who said:

medical psychedelics

“Psychedelic use can come with some risks, but criminalization only increases those risks by creating an unregulated market in which difficult-to-verify dosages and the presence of adulterants like fentanyl threaten public health.”

Then there’s Connecticut where Representative Josh Elliot, along with four other legislators, put forth a bill that would create a task force for researching the medical benefits of psilocybin. This is significantly more limited than California’s bill, but shows a definite interest in knowing more about psilocybin and how it can help.

Both California and Connecticut are following in line with Hawaii which introduced bill SB 738 at the end of January 2021, which would legalize magic mushrooms for therapeutic use. The bill would also officially remove both psilocybin and psilocyn from Hawaii’s Schedule I drug list. The bill is not otherwise terribly specific, literally saying only that the Department of Heath will adopt rules to go along with the law.

And don’t forget New Jersey! On February 4th, 2021, Governor Phil Murphy – who has done quite a bit to pass cannabis legalization measures in New Jersey, signed a bill that works to semi-decriminalize magic mushroom use. The law took effect immediately, and downgraded up to one ounce of psilocybin from a third-degree crime, to a ‘disorderly person’s offense’. It’s not a true decriminalization in that users can still end up with six-month jail sentences and $1,000 in fines. However, this is much better than the previous three-five years in prison.

Conclusion

It’s hard to say if the new Florida bill to legalize medical magic mushrooms will go through, but if it doesn’t this time, it’ll have that much more push the second time around. Plus, with state after state adopting new decriminalization and medical legalization policies for psilocybin, and psychedelics in general, it seems that just like with cannabis, we might see a very quick shift to psychedelic acceptance.

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Resources

Merry Cannabis! Christmas and Marijuana
Forced Legalizations: EU & France Battle it out Over CBD Laws

Is Delta-8 THC Legal? What Does The Law Says? Is CBD Effective for Treating Bipolar Disorder?
The New Rise of Medical Psychedelics
What is DELTA 8 THC (FAQ: Great resource to learn about DELTA 8THC)

The New Italian Cannabis Contradiction
Plant Power: Everyday Plants That Activate the Endocannabinoid System
The CBD Flowers Weekly newsletter (your top resource for all things smokable hemp flowers). How to choose Delta-8 THC flowersDelta-8 THC Flowers: Everything You Need To Know.
The Medical Cannabis Weekly newsletter (International medical cannabis business report)
Relax: How CBD Can Reduce Anxiety
The Delta 8 Weekly Newsletter (All you need to know about Delta 8 thc) and the Best Delta 8 THC Deals. Best Delta-8 THC Vape Bundles – Winter 2021 Denver Residents Vote to Decriminalize “Magic Mushrooms”
Using CBG To Treat Clinical Depression The New Rise of Medical Psychedelics Microdosing: The Ideal Way To Manage Cannabis And CBD
A Complete Look At Cannabis and Depression
New Jersey Wants Home Cultivation for Cannabis   Compared to Prescription Medication, Medical Cannabis Not Always Affordable Alternative
Nature’s Magic – The Health Benefits of Psilocybin Mushrooms

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MindMend: 5 reasons to try microdosing psilocybin for your brain

Looking for an alternative way to boost your well-being or enhance your mental state? The practice of microdosing psilocybin is relatively new, so new that Grammarly still doesn’t think it’s a word. This article will open your eyes to a new method to improve cognitive ability, safely. Here are 5 reasons to try microdosing psilocybin […]

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