Law Proposed by Initiative Petition
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?
Summary
As required by law, summaries are written by the State Attorney General.
proposed law would allow persons aged 21 and older to grow, possess, and use certain natural psychedelic substances in certain circumstances. The psychedelic substances allowed would be two substances found in mushrooms (psilocybin and psilocyn) and three substances found in plants (dimethyltryptamine, mescaline, and ibogaine). These substances could be purchased at an approved location for use under the supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail sale of natural psychedelic substances. This proposed law would also provide for the regulation and taxation of these psychedelic substances.
This proposed law would license and regulate facilities offering supervised use of these psychedelic substances and provide for the taxation of proceeds from those facilities’ sales of psychedelic substances. It would also allow persons aged 21 and older to grow these psychedelic substances in a 12-foot by 12-foot area at their home and use these psychedelic substances at their home. This proposed law would authorize persons aged 21 or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine (“personal use amount”), in addition to whatever they might grow at their home, and to give away up to the personal use amount to a person aged 21 or over.
This proposed law would create a Natural Psychedelic Substances Commission of five members appointed by the Governor, Attorney General, and Treasurer which would administer the law governing the use and distribution of these psychedelic substances. The Commission would adopt regulations governing licensing qualifications, security, recordkeeping, education and training, health and safety requirements, testing, and age verification. This proposed law would also create a Natural Psychedelic Substances Advisory Board of 20 members appointed by the Governor, Attorney General, and Treasurer which would study and make recommendations to the Commission on the regulation and taxation of these psychedelic substances.
This proposed law would allow cities and towns to reasonably restrict the time, place, and manner of the operation of licensed facilities offering psychedelic substances, but cities and towns could not ban those facilities or their provision of these substances.
The proceeds of sales of psychedelic substances at licensed facilities would be subject to the state sales tax and an additional excise tax of 15 percent. In addition, a city or town could impose a separate tax of up to two percent. Revenue received from the additional state excise tax, license application fees, and civil penalties for violations of this proposed law would be deposited in a Natural Psychedelic Substances Regulation Fund and would be used, subject to appropriation, for administration of this proposed law.
Using the psychedelic substances as permitted by this proposed law could not be a basis to deny a person medical care or public assistance, impose discipline by a professional licensing board, or enter adverse orders in child custody cases absent clear and convincing evidence that the activities created an unreasonable danger to the safety of a minor child.
This proposed law would not affect existing laws regarding the operation of motor vehicles while under the influence, or the ability of employers to enforce workplace policies restricting the consumption of these psychedelic substances by employees. This proposed law would allow property owners to prohibit the use, display, growing, processing, or sale of these psychedelic substances on their premises. State and local governments could continue to restrict the possession and use of these psychedelic substances in public buildings or at schools.
This proposed law would take effect on December 15, 2024.
What Your Vote Will Do
As required by law, the statements describing the effect of a “yes” or “no” vote are written jointly by the State Attorney General and the Secretary of the Commonwealth.
A YES Vote would allow persons over age 21 to use certain natural psychedelic substances under licensed supervision and to grow and possess limited quantities of those substances in their home, and would create a commission to regulate those substances.
A NO Vote would make no change in the law regarding natural psychedelic substances.
Statement of Fiscal Consenquences
As required by law, statements of fiscal consequences are written by the Executive Office of Administration and Finance.
This measure would establish a 15% state excise tax for the sale of natural psychedelic substances, which would be available for spending from a dedicated fund; however, the revenue generating impact is unknown due to the lack of data for the new market being proposed. This measure would also allow for a local tax option that could generate local sales tax revenue.
This measure would also create an oversight commission that would require dedicated resources to execute its duties and responsibilities. The costs of establishing and operating the commission would need to be developed and would be subject to appropriation.
Arguments
As provided by law, the 150-word arguments are written by proponents and opponents of each question, and reflect their opinions. The Commonwealth of Massachusetts does not endorse these arguments, and does not certify the truth or accuracy of any statement made in these arguments. The names of the individuals and organizations who wrote each argument, and any written comments by others about each argument, are on file in the Office of the Secretary of the Commonwealth.
In Favor
Vote YES on 4 to provide safe, regulated access to promising natural psychedelic medicines for treatment-resistant PTSD, anxiety, and depression. Psychedelics will be available in approved therapeutic settings under the supervision of trained and licensed facilitators, NOT sold in stores to take home.
Research from leading medical institutions including Mass General Brigham, Dana Farber Cancer Institute, and Johns Hopkins shows that psychedelic medicines can be effective treatments for depression and anxiety. In fact, the FDA recently granted psilocybin a “breakthrough therapy” designation.
For many people who are suffering, daily medications and other standard treatments aren’t working. Over 6,000 veterans die by suicide annually, and countless more struggle from service-related trauma. Natural psychedelic medicine can also offer patients with a terminal diagnosis relief from end-of-life anxiety and help them find peace.
That’s why question 4 is supported by doctors, mental health providers, and veteran advocates. Vote YES to expand mental health options.
Lieutenant Sarko Gergerian, Mental Health Counselor (MHC)
Massachusetts for Mental Health Options
14 Sullivan Street Boston
MA 02129 781-205-9737
https://maformentalhealth.org
Against: MEDICAL AND MENTAL HEALTH PROFESSIONALS, VETERANS, AND RECOVERY GROUPS URGE NO ON QUESTION 4
- Question 4 would decriminalize psychedelics, open for-profit centers, allow for growth in a 12foot by 12-foot area in homes and distribution statewide. A black market is inevitable with this amount of home growth.
- In recent years, driver’s license revocations for drugged driving rose 65% and fatal DUI crashes increased over 50%. With 1 in 3 frequent psychedelic users reporting driving under the influence of psychedelics in the past year, this will increase.
- The psychedelic ibogaine has life-threatening cardiotoxicity, heart failure can occur days after one dose.
- Accidental consumption of edibles is especially dangerous to children and pets.
- The centers aren’t required to be run by medical professionals, cannot provide critical care during adverse reactions, and aren’t prohibited from giving psychedelics to high-risk patients like those with schizophrenia, bipolar illness, and pregnant or breastfeeding women.
Dr. Anahita Dua Surgeon
Massachusetts General Hospital
Associate Professor of Surgery
Harvard Medical School Coalition For Safe Communities
11 Beacon Street, Suite 1125
Boston, MA 02108
www.SafeCommunitiesMA.com