PORT TOWNSEND CITY COUNCIL RESOLUTION REQUESTING THAT THE ARREST, INVESTIGATION, AND PROSECUTION OF INDIVIDUALS INVOLVED WITH ENTHEOGEN-RELATED ACTIVITIES BE AMONGST THE LOWEST PRIORITY IN PORT TOWNSEND AND DECLARING SUPPORT FOR FULL DECRIMINALIZATION OF THESE ACTIVITIES
WHEREAS, entheogens is a term encompassing any living, fresh, dried, or processed plant or fungal material, including teas or powders, that may contain currently scheduled or analog psychoactive indolamines, tryptamines, or phenethylamines, including, but not limited to, psilocybin mushrooms, ayahuasca, cacti containing mescaline, and iboga; and
WHEREAS, entheogens have been recognized as sacred to human cultures for at least centuries, used to inspire personal and spiritual well-being, explore consciousness, restore psychological and physical wellness, and enrich human’s connection with nature. Such use has been continued by venerable and sincere cultural and spiritual leaders and communities, practicing mental health professionals, mentors, healers, and curious individuals from around the world, many of whom have been forced underground; and
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WHEREAS, depression, severe anxiety, substance abuse, addiction, post-traumatic stress, end- of-life anxiety, grief, intergenerational trauma, and other physical and mental conditions plague our community, exacerbated by the impact of COVID-19, and the use of entheogens has been shown to benefit the well-being of individuals and communities in addressing these afflictions via scientific and clinical studies, and within continuing traditional and communal practices; ​
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WHEREAS, psilocybin is a naturally occurring compound that is native to the Pacific Northwest and has been proven to alleviate depression, substance abuse, post traumatic stress disorder, cluster headaches, end-of-life anxiety for hospice and terminal cancer patients, and reduce prison recidivism; and
WHEREAS, a Johns Hopkins University study on "healthy-normals" found that psilocybin can occasion mystical-type experiences, which were considered one of the top five most meaningful experiences in a subject's life for over 75% of their subjects within the first year after the study, and found continuing positive life-style changes after a 14-month follow-up; and
WHEREAS, iboga has been shown to alleviate treatment resistant cases of opiate and methamphetamine addiction at significantly higher rates than all other treatments for addiction. In addition, it is reported to be beneficial for addiction therapy related to specific work-related PTSD encountered by first responders such as EMT, police, and firefighters, as well as military veterans; and
WHEREAS, entheogenic cacti that contain phenethylamine compounds such as mescaline can be beneficial in healing drug and alcohol addiction and for individual spiritual growth, and have been utilized in sacred initiations and community healings by diverse religious and cultural traditions for millennia and still as religious sacraments in modern times; and
WHEREAS, N, N-Dimethyltryptamine (DMT) is a naturally occurring compound, found within the human body and all other living organisms, yet is listed as a Schedule I substance. Entheogenic plants or combinations of plants that contain DMT, such as ayahuasca, are reported to inspire experiences of mysticism that can be beneficial in treating addiction, depression, PTSD, and promoting personal/spiritual growth; and
WHEREAS, entheogen use is a constituent element of many other healing and personal growth practices, including but not limited to some 12-step and group therapy programs, and including both facilitated and non-facilitated group practices and those that are self- directed at the individual level; and
WHEREAS, psilocybin, ayahuasca, iboga, DMT, and mescaline are regarded as non-addictive and decriminalization reduces risks of improper use or overconsumption by encouraging education, access to supportive spaces, and community conversations around ensuring safe consumption; and
WHEREAS, the following principles, when adhered to, help to ensure safe and responsible use of entheogenic plants and fungi:
1. Entheogens are not for everyone. Some people should not take entheogenic plants or fungi at all or without exercising extreme caution, including people with a personal or family history of schizophrenia or bipolar disorder, or who are currently taking certain medications. In these cases, consultation with a medical professional is essential.
2. If someone has severe depression with suicidal ideation or PTSD, it is advised to first seek professional support and ask that professional’s advice. Many counselors and therapists are glad to work with a client before and after an entheogenic journey.
3. Unless you have expert guidance, it’s best to start with small amounts, using more only after you become familiar with the material and the terrain.
4. Don’t go solo (with nontrivial doses). Have at least one trusted friend (called a sitter, guide, or facilitator) be with you, sober during the entire journey, and commit in advance to honor that person’s instructions if he or she tells you to do something. Entheogens can amplify the whole range of human emotions, including anxiety which can sometimes lead to distress. Having a sitter gives you a certain comfort and mental freedom, can help keep things safe, and provides support to enable deeper growth and positive transformation.
5. Reverence reduces risks and helps lead to positive outcomes. In cultures that have long used entheogenic substances beneficially, that use is approached with great respect, not haphazardly, and for life-enhancing purposes; and
WHEREAS, the United Nations considers entheogens as suitable for exclusion from Schedule I control, at least when used for religious purposes, and the entheogen-related practices of certain groups are already explicitly protected in the U.S. under the doctrine of religious freedom; and
WHEREAS, effectively decriminalizing entheogens aligns with local values of personal freedom, connection to the natural world, social justice and reform of harmful societal structures/practices, seeking creative solutions to longstanding community challenges, progressive free-thinking, and alternative living (including in the realms of education, medicine, therapy, and healing). Additionally, our community already has vast resources of knowledge, experience, and people dedicated to provide support and education to the public about the safe and healing use of entheogens; and
WHEREAS, psilocybin mushrooms were successfully decriminalized in Denver, CO and the state of OR, while all entheogenic plants and fungi were effectively decriminalized in Washington D.C.; Oakland, CA; Santa Cruz, CA; Arcata, CA; Seattle, WA; Somerville, MA; Northampton, MA; Cambridge, MA; Ann Arbor, MI; and Washtenaw County, MI; a bill to decriminalize entheogens has passed the California Senate; and various entheogens are legal or have been decriminalized in several countries including Portugal, Brazil, Jamaica, and the Netherlands; and
WHEREAS, Entheogenic plants and fungi have been unjustly and immorally criminalized and inaccurately classified as highly addictive with high potential for abuse since the Nixon Administration; and
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WHEREAS, punitive drug policies disproportionately impact people of color and low-income communities; leading to the unnecessary penalization, arrest, and incarceration of vulnerable people, rather than prioritizing harm-reduction policies to treat drug abuse as an issue of public health; and state and federal scheduling of entheogens and other substances has served as a pretext for disrupting and criminalizing those communities, which has destroyed countless lives and torn families apart, this resolution is an effort to begin correcting the irreparable harm caused by the U.S. war on drugs; and
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WHEREAS, Natural medicines and plants of the Earth should remain accessible to all regardless of race, orientation, gender, or class. Making entheogens available only through government-licensed facilities, health care centers, or therapeutic contexts will create barriers to access for the most vulnerable and in need populations; and
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WHEREAS, Cities in the United States have long possessed an inferred constitutional right to regulate commerce and public safety within their jurisdictions, a principle acknowledged by the Cole Memorandum produced by the U.S. Department of Justice that permitted states and localities to deprioritize law enforcement of cannabis charges; and
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WHEREAS, it is the current enforcement practice of the Port Townsend Police Department (PTPD) neither to detain nor arrest individuals, nor to confiscate drugs from individuals, solely for suspected violations or violations of Section 69.50.4013 of the Revised Code of Washington (RCW), which is applicable to the possession of entheogens as controlled substances in the meaning of RCW 69.50.101(g); and
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WHEREAS, PTPD enforcement practice does not protect from arrest or prosecution individuals who cultivate entheogens for use in religious, spiritual, healing, or personal growth practices, either for their sole individual use or for the shared use of themselves and other practitioners, nor does it protect from arrest or prosecution individuals whose possession and/or cultivation of entheogens becomes evident to PTPD officers during an encounter that was initiated other than on the basis of RCW 69.50.4013; and
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WHEREAS, current PTPD enforcement practice does not protect from arrest or prosecution individuals who share entheogens with others, without financial or other consideration, for their mutual use in religious, spiritual, healing, or personal growth practices; and
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WHEREAS, current PTPD practices regarding entheogens are not formally codified as departmental policy; and
WHEREAS, while recognizing that changing federal or state laws or penalties is beyond the scope of their authority, the City of Port Townsend wishes to acknowledge the healing potentials of entheogenic plants for their local community and to declare not expending City resources in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of entheogenic plants;
THEREFORE BE IT
RESOLVED by the City Council of the City of Port Townsend, Washington, that the Council declares that the investigation, arrest, and prosecution of anyone engaging in entheogen-related activities, including but not limited to the use, cultivation, distribution, transportation, use, or possession of entheogens should be a City of Port Townsend lowest enforcement priority. The Council states its support for the full decriminalization of these activities at the state and federal level.
FURTHER RESOLVED, That the Mayor and City Council hereby declare that it shall be the policy of the City of Port Townsend that no city department, agency, board, commission, officer or employee of the city, including without limitation, Port Townsend Police Department, should use any city funds or resources to assist in the enforcement of laws (including investigations, detentions, arrests, or prosecutions) imposing criminal penalties for the planting, cultivating, purchasing, transporting, distributing, possessing, or using 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
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FURTHER RESOLVED, That the City Council call upon the County Prosecuting Attorney to issue a policy directive ceasing prosecution of persons involved in the planting, cultivating, purchasing, transporting, distributing, possessing, or using entheogenic plants by adults; and be it
​FURTHER RESOLVED, that the City Council similarly call upon the Sheriff's Department to direct all funding away from said activities and adopt written policies and procedures consistent with the above; and be it
​FURTHER RESOLVED, That the City Council call upon all other agencies that operate in their jurisdiction to act in alignment with the values set forth in this resolution, and when possible, that the City Council dictate funding with any contracted agencies toward this end; and be it
FURTHER RESOLVED, that due to the threatened status of the cacti Lophophora, commonly known as peyote, the City Council hereby excludes use of this cacti from this resolution until such time as it is no longer threatened in its endemic habitat; personal cultivation of Lophophora is hereby allowed, and be it
FURTHER RESOLVED, That the City Manager be and is hereby requested to direct city staff to work with the City’s state and federal partners in support of decriminalizing and descheduling all entheogenic plants listed on the Federal Controlled Substances Schedule 1 and add to its agenda for the 2022 state legislative session support for decriminalization of entheogens at the state level.; and be it
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FURTHER RESOLVED, That this resolution does not authorize or enable any of the following activities: commercial sales of these plants and fungi, possessing or distributing these materials in schools, driving under the influence of these materials; or public disturbance; and be it
FURTHER RESOLVED: That if any provision of this resolution is declared by a court of competent jurisdiction to be contrary to any statute, regulation, or judicial decision, so that its applicability to any agency, person, or circumstance is held invalid, the validity of the remainder of this resolution and its applicability to any other agency, person, or circumstance shall not be affected.