Massachusetts residents voted down a ballot question that would have legalized and regulated some natural psychedelic drugs for purchase and use in specific settings Tuesday night.
Ballot question 4 would have enacted a new law governing five psychedelic substances found in mushrooms and plants: psilocybin and psilocin — the active ingredients in “magic” mushrooms, mescaline — the active ingredient in peyote, dimethyltryptamine (DMT) and ibogaine.
Under the new law, which would have taken effect on Dec. 15, people 21 and older would be allowed to grow, use and share a small amount these five substances.
Additionally, state-licensed facilities would be allowed to sell the substances to people 21 and older for use under the supervision of a licensed facilitator.
A state commission would regulate these facilities, and the sale of the substances at these facilities would be subject to state taxes.
As of 7 a.m. Wednesday with 88% of the vote counted, the measure received roughly 57% no votes to 43% yes votes, unofficial tallies showed.
Advocates have touted the benefits of the substances when it comes to treating anxiety and other disorders, The Republican newspaper of Springfield, reported in September.
There are concerns, however, about the health harms associated with psychedelic substances. For instance, “ibogaine can cause acute cardiac problems, while DMT (used in ayahuasca) may have lasting neurological effects,” a Tufts University analysis noted.
And “risks seem more muted with psilocybin (found in “magic mushrooms”) and mescaline (the active ingredient in peyote), but these drugs can still trigger significant adverse reactions, especially for those with pre-existing mental health issues,” according to the Tufts analysis.
Don’t expect to see psychedelic dispensaries start popping up like, well, mushrooms, in the same way that you can go retail shopping for recreational cannabis.
If you want them, you’ll have to grow your own, find a friend who’s willing to share or use them at a licensed therapy center, according to the Tufts analysis.
What will change under the new law
A new, five-member state commission will govern the use and distribution of the substances through state-licensed facilities, and a new, 20-member advisory board will provide the commission with recommendations on how to regulate the substances.
Cities and towns will also have limited power over how these facilities operate in their community.
Sales of the five substances at licensed facilities will be subject to a sales tax of 6.25% and an additional excise tax of 15%.
Revenue from the excise tax, license application fees, and civil penalties for violations of the law will be used to administer the new law.
People 21 and older will also be allowed to grow the five substances in a 12-foot by 12-foot area at their homes and to use them.
Additionally, people 21 and older who grow these substances will be allowed to gift a small, set amount of the five substances to other people 21 and older.
Possession of these substances up to that small, set amount will now be permitted for people 21 and older.
Under the new law, retail sales of the five substances will remain illegal.
The law also won’t impact the state’s OUI laws, the ability of employers to restrict the consumption of these substances by their employees, the ability of landlords to prohibit growing or using these substances on their properties or the ability of local governments to ban possession of these substances in schools and public buildings.
