21.207 A Resolution Decriminalizing Controlled Substance Possession As Well As Cultivation And Distribution Of Psychedelic PlantsCity of Northampton
MASSACHUSETTS
In the City Council, March 18, 2021
Upon the Recommendation of: Councilor William Dwight
Councilor Rachel Maiore
R-21.207 A RESOLUTION DECRIMINALIZING CONTROLLED SUBSTANCE POSSESSION AS WELL
AS CULTIVATION AND DISTRIBUTION OF PSYCHEDELIC PLANTS
WHEREAS: “entheogenic plants,” a term originally classified by anthropologists and
ethnobotanists in 1979 1, are herein defined as the full spectrum of
psychedelic plants, fungi, and natural materials containing indole amines,
tryptamines, phenethylamines, including psilocybin mushrooms, ayahuasca,
cacti, and iboga; and
WHEREAS: substance abuse, addiction, post-traumatic stress disorder (PTSD), Persistent
Traumatic Stress Environment (PTSE), chronic depression, end-of-life anxiety,
grief, cluster headaches, tendencies toward recidivism, and other ailments are
plaguing our community and the use of entheogenic plants has been shown to
be beneficial for treating these ailments via scientific and clinical studies2 and
within continuing traditional, religious, and indigenous practices that catalyze
profound experiences of personal and spiritual growth; and
WHEREAS: the COVID-19 pandemic has led to a resurgence of heroin and opioid overdose
deaths and severe depression in Massachusetts communities3, two ailments
that entheogenic plants have been shown to have particularly strong utility in
treating according to published, peer-reviewed medical research 4; and
WHEREAS: the so-called War on Drugs has led to the unnecessary penalization, arrest,
and incarceration of vulnerable people, particularly people of color and
1 Carl A. P. Ruck; Jeremy Bigwood; Danny Staples; Jonathan Ott; R. Wasson Gordon (January–June
1979). "Entheogens". Journal of Psychedelic Drugs.
2 Hendricks, P.S., Johnson, M.W., Griffiths, R.R. (2016). Psilocybin, psychological distress, and
suicidality. Journal of Psychopharmacology.
3 Data Brief: Opioid-Related Overdose deaths among Massachusetts Residents. June 2020.
4 The association of psychedelic use and opioid use disorders among illicit users in the U.S. Journal
of Psychopharmacology.
people of limited financial means, rather than prioritizing harm-reduction
policies to treat drug abuse as an issue of public health; and
WHEREAS: that American cities have long possessed an inferred constitutional right to
regulate commerce and public safety within their jurisdictions, a principle
acknowledged by the U.S. Department of Justice Cole Memorandum that
permitted states and localities to deprioritize law enforcement of cannabis
charges; and
WHEREAS: organizations in Northampton such as Tapestry, ServiceNet shelter, MANNA
Soup Kitchen, Hampshire HOPE, Northampton Recovery Center, Nothing But
Kindness, HRH413 and others have long offered services to people struggling
with substance abuse by providing resources, administering syringe exchange
programs, distributing naloxone, and providing education on safer drug
practices to save lives in our community, which the city council profoundly
appreciates; and
WHEREAS: the City Council of Somerville (9-0) and the City Council of Cambridge (8-1)
passed similar resolutions following approval of their legal departments as
well as decriminalization by Oakland, Denver, Ann Arbor, Santa Cruz,
Washington D.C, Oregon, and around six other countries; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of Northampton hereby maintains that
no City of Northampton department, agency, board, commission, officer or
employee of the city, including without limitation, Northampton Police
Department personnel, should use any city funds or resources to assist in the
enforcement of laws imposing criminal penalties for the use and possession of
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 FURTHER RESOLVED that the City Council hereby maintains that it should be the policy of
the City of Northampton that the arrest of adult persons for using or
possessing controlled substances shall be amongst the lowest law
enforcement priority for the City of Northampton; and,
BE IT FURTHER RESOLVED that the City Council hereby maintains it should be the policy of the
City of Northampton that the investigation and arrest of adult persons for
planting, cultivating, purchasing, transporting, distributing, engaging in
practices with, and/or possessing entheogenic plants listed in Classes A-E of
Chapter 94C § 31 of Massachusetts law or Schedules I-V of 21 U.S.C. § 812 of
the Controlled Substances Act shall be amongst the lowest law enforcement
priority for the City of Northampton; and,
BE IT FURTHER RESOLVED that this resolution does not authorize or enable any of the following
activities: commercial sale of entheogenic plants and fungi, possessing or
distributing these materials on school grounds, driving under the influence of
these materials; or public Disturbance; and,
BE IT FURTHER RESOLVED that the Northampton City Council calls upon the city’s officials work
in support of decriminalizing entheogenic plants and approaching all
controlled substances first and primarily through the lens of public health and
restorative racial justice initiatives when representing the city in
conversations with state and federal agencies as well as state and federal
lawmakers; and,
BE IT FURTHER RESOLVED that the City Council calls upon the Hampshire County District
Attorney to cease prosecution of persons involved in the use, possession, or
distribution of entheogenic plants and the use or possession without the
intent to distribute of any controlled substance; and,
BE IT FURTHER RESOLVED that the City Council expresses support for HD 3439 An Act Relative
to Harm Reduction and Racial Justice, which would replace criminal penalties
for controlled substance possession with the choice of a $50 civil fine or a
health and wellness screening to refer the person with economic and health
services; and,
BE IT FURTHER RESOLVED that the City Council expresses support for HD 3439 An Act
Establishing Task Force to Study Equitable Access to Entheogenic Plants,
which will convene 21 experts in science, drug policy, economic and racial
justice, and state government to recommend legislation to legalize
entheogenic plants as well as expunge records and create equity initiatives for
victims of the entire war on drugs. This task force requires the study to be
done through the lens of racial justice, sustainability, and consideration for
BIPOC, veterans, and people with disabilities; and,
BE IT FURTHER RESOLVED that the Administrative Assistant to the City Council shall send a copy
of this Resolution to Representative Lindsay Sabadosa and Senator Jo
Comerford, Governor Charles Baker, Attorney General Maura Healey,
Hampden District Attorney Anthony D. Gulluni, Secretary of Veterans’ Services
Cheryl Lussier Poppe,and the Board of Registration of Allied Mental Health
and Human Services Professions.