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Rhode Island Bill Would Allow Psilocybin Cultivation, Possession Under 1 Ounce | High Times
Several states across the U.S. are forging ahead with their respective psilocybin reform programs, largely embracing policy changes around possession and cultivation while working to implement therapeutic practices involving the “magic mushroom” compound.
And kicking off the new year, more states are looking to join those ranks. Most recently, Rhode Island Rep. Brandon Potter (D) introduced his proposal — described in his own words as a decriminalization model — with a number of details standing apart from reform measures that have already been enacted.
Rhode Island’s Newest Bid for Psilocybin Reform
The bill, H 7047, would remove penalties around possession, home cultivation and sharing of one ounce or less of psilocybin. The bill specifically notes exemptions for psilocybin, so long as it is “in possession of one person or shared by one person to another” and that psilocybin “has been secretly cultivated within a person’s residence for personal use.” The bill would not work to establish a psilocybin retail system, though that could shift along with broader policy.
The bill also leaves room for potential evolution in federal law, namely if psilocybin ends up being rescheduled on the Drug Enforcement Agency’s (DEA) Controlled Substances Act (CSA). The compound is currently classified as a Schedule I controlled substance.
The measure suggests that the Food and Drug Administration (FDA), referred to incorrectly in some of the bill’s language as the “Federal Drug Administration,” would be the authority responsible for rescheduling psilocybin, though this is typically a job of the DEA. The FDA, however, has the ability to approve specific pharmaceutical drugs.
The bill notes that provisions could shift, should federal access to psilocybin expand to include “patients with a serious or life-threatening mental or behavioral health disorder, who are without access to effective mental or behavioral health medication.” In that case, the bill references that psilocybin could be available in the state in locations approved by the Rhode Island Department of Health.
Another notable distinction is the temporary nature of the bill, which would take effect on July 1, 2024 and sunset on July 1, 2026.
Prior to this date, the attorney general would need to provide a report to the speaker of the house and the president of the Senate, providing data on the number of violations issued for psilocybin possession, cultivation and distribution. The director of the Department of Health would also be required to provide a report to the same parties surrounding the scheduling of psilocybin and “permitted use for the treatment of mental or behavioral health disorders.”
While the bill has a number of specific differences from many that have already been enacted, this is by design according to Potter. In an interview with Marijuana Moment, he said that the bill is meant to provide more flexible accessibility for those who may benefit from the effects of psilocybin.
Increasing Access to Psychedelic Medicine
Potter said that legalizing noncommercial growing and sharing of psilocybin would allow for greater access of those in need, adding, “the last thing I wanted to do was create a legalization model that would make it highly regulated and restrict access to people who actually need it.”
While other states have similarly prohibited penalties surrounding possession and cultivation of psilocybin mushrooms, therapeutic access — or working specifically with mental health professionals through guided psilocybin counseling — largely presents an accessibility issue for many citizens.
In Oregon for example, there were an estimated 3,000 people on a waitlist for the state’s first legal and operating psilocybin center as of September 2023. These experiences can also exceed more than $2,000, as reported by AP News, and while patients don’t need a prescription or referral, their insurance will not cover those expenses.
Potter referenced that the price of psilocybin services can be even higher, reaching up to $10,000. He also nodded to the shortage of behavioral healthcare providers in Rhode Island who are already “so squeezed by the private insurance system” that they only take patients paying out of pocket, adding that he does not want to “exacerbate that issue.”
Potter also noted that he does not want the initiative to be driven by money, specifying that the bill is about creating additional options for those in need, “not creating a new industry for the state at the expense of people’s care.”
According to the representative, decriminalization is the primary aim, though he also wanted to eventually allow doctors in the state to recommend psilocybin to patients.
A similar bill, H 5923, was passed in the Rhode Island House of Representatives last year, though it did not progress to the Senate. Potter said he’s hopeful this measure will make it to the Senate, receive a hearing and that the committee will “understand that there’s a number of people in Rhode Island that have already benefited from this as a treatment, and in doing so they’ve broken the law.”
New East Bay Bike Path bridges are open and ready for bikes
What’s it like to ride over the new East Bay Bike Path bridges? We sent a reporter to try them out.
I’ve long thought bike paths are among Rhode Island’s premier attractions, up there with the beaches, the mansions and the bay.
We like to knock government, but credit where it’s due, the state has done an amazing job building out an incredible pedaling network.
It’s clearly a priority.
At least I thought it was.
But they’ve just dropped the ball on what should have been a beautiful new stretch.
The plan was to finish a mile-long connector from the East Providence end of the Henderson Bridge all the way to the East Bay Bike Path.
There was even $25 million set aside to get it done.
Except WPRI recently reported that it’s now been canceled.
The main fault lies with the Trump administration, which is no friend of bike paths, and moved to kill that $25 million.
But it gets complicated, as government funding always does.
To try to rescue that money, the state DOT reportedly worked with the administration to refunnel it into a road project. Specifically, the $25 million will now be spent helping upgrade the mile-long highway between the Henderson Bridge and North Broadway in East Providence, turning it into a more pleasant boulevard.
That totally sounds worthy.
But it’s insane to throw away the bike path plan.
Especially for a particular reason in this case.
They’d already put a ton of money into starting it.
When state planners designed the new Henderson Bridge between the East Side and East Providence, they included a bike path.
It’s a beauty – well protected from traffic by a barrier, a great asset for safely riding over the Seekonk River.
The plan was to continue it another mile or so along East Providence’s Waterfront Drive, ultimately connecting with the East Bay Bike Path, which runs all the way to Bristol. Which, by the way, is one of the nicest bike paths you’ll find anywhere.
But alas, that connector plan has been canceled.
So the expensive stretch over the Henderson Bridge to East Providence is now a bike path to nowhere. Once the bridge ends, the path on it continues a few hundred yards or so and then, just … ends.
Too bad.
We were so close.
Most of the stories on the issue have been about the complex negotiation to rescue the $25 million by rerouting it to that nearby highway-to-boulevard project. But I don’t want to get lost in the weeds of that bureaucratic process here because it loses sight of the heart of this story.
Which is that an amazing new addition to one of the nation’s best state bike path systems has just been scrapped.
You can knock the Rhode Island government for blowing a lot of things.
The PawSox.
The Washington Bridge.
But they’ve done great with bike paths.
And especially, linking many of them together.
Example: not too many years ago, Providence bikers had to risk dicey traffic on the East Side to get to the more pleasant paths in India Point Park and on the 195 bridge to the East Bay Path.
But the state fixed that by adding an amazing connector that starts behind the Salvation Army building and beautifully winds along the water of the Seekonk River for a mile or so.
That makes a huge difference – and no doubt has avoided some bike-car accidents.
We were close to a comparable stretch on the other side of the river – that’s what the $25 million would have done.
But it’s now apparently dead.
Online commenters aren’t happy about it.
On a Reddit string, “Toadscoper” accused the state of being “complicit” with the feds in rerouting the money from bikes to cars.
And there was this fascinating post from FineLobster 5322, who apparently is a disappointed planner who worked on the project: “Mind you money has already been spent on phase one so rejecting it at this point is wasting money and also against the public interest … but what do I know? I only worked on the project as an engineer … I didn’t get into this to build more highways. I do it … to give back to communities and give them more access to their environment.”
Wow. One can imagine the state planning team is devastated. That’s not a small consideration. Good people go into government to make life better in Rhode Island, and it’s a bad play to take the spirit out of the job by first assigning a great human-scale project and then, after a ton of work, trashing it.
A poster named Homosapiens simply said, “We just accept this?”
Hopefully not.
The first stretch of the path over the Henderson Bridge is done, money already sunk.
What a shame to leave that as a path to nowhere.
It doesn’t have to happen.
Between Governor McKee and our Washington delegation, there’s got to be a way to get this done.
There’s got to be.
mpatinki@providencejournal.com
WARWICK, R.I. (WPRI) — Two people are dead and another person seriously hurt after a crash involving two vehicles on the highway in Warwick Saturday.
Rhode Island State Police said the crash happened around 1:34 p.m. on the ramp from Route 113 West to I-95 South.
According to police, a Hyundai SUV that was driving in the middle lane of the highway started to drift to the right, crossed the first lane, and then crossed onto the on-ramp lane. The car struck the guardrail twice before driving through the grass median.
The Hyundai then struck the driver’s side of a Mercedes SUV that was on the ramp, causing the Mercedes to roll over and come to a rest. The impact sent the Hyundai over the guardrail and down an embankment.
The driver of the Hyundai, a 73-year-old man, and his passenger, a 69-year-old woman, were both pronounced dead at the hospital.
A woman who was in the Mercedes was rushed to Rhode Island Hospital in critical condition.
State police said all lanes of traffic were reopened by 4:30 p.m.
The investigation remains ongoing.
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A federal judge on Friday tossed the Department of Justice’s (DOJ) lawsuit aiming to force Rhode Island to hand over its voter information as part of the Trump administration’s push to acquire voter data from several states.
Rhode Island U.S. District Court Judge Mary McElroy wrote that federal law does not allow the DOJ “to conduct the kind of fishing expedition it seeks here,” siding with Rhode Island election officials. She added that the DOJ did not provide evidence to suggest that Rhode Island violated election law.
McElroy, a Trump appointee, wrote that she sided with the similar decision in Oregon. That decision ruled that the DOJ was not entitled to unredacted voter registration lists.
“Absent from the demand are any factual allegations suggesting that Rhode Island may be violating the list maintenance requirements,” she said in her ruling.
Rhode Island Secretary of State Gregg Amore (D) praised McElroy’s decision. He said in a statement that the Trump administration “seems to have no problem taking actions that are clear Constitutional overreaches, regularly meddling in responsibilities that are the rights of the states.”
“Today’s decision affirms our position: the United States Department of Justice has no legal right to – or need for – the personally-identifiable information in our voter file,” he said. “Voter list maintenance is a responsibility entrusted to the states, and I remain confident in the steps we take here in Rhode Island to keep our list as accurate as possible.”
The Hill reached out to the DOJ for comment.
The DOJ called for the voter lists as it investigated Rhode Island’s compliance with the National Voter Registration Act of 1993, which allowed Americans to register to vote when they apply for a driver’s license.
The DOJ sued at least 30 states, as well as Washington, D.C., in December demanding their respective voter data. This data includes birth dates, names and partial Social Security numbers.
At least 12 states have given or said they will give the DOJ their voter registration lists, according to a tracker operated by the Brennan Center for Justice.
The department stated after it lost a similar suit against Massachusetts earlier this month that it had “sweeping powers” to access the voter data and that, if states fail to comply, courts have a “limited, albeit vital, role” in directing election officers on behalf of the administration to produce the records. The DOJ cited the Civil Rights Act as being intended to unearth alleged election law violations.
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