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Why Italy blocked the campaign on psychotropic substance cultivation

Legalizziamo! campaign coordinator Marco Perduca shares his thoughts on why Italy’s court has blocked the referendum.

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University of Guelph researchers to study psychedelic mushrooms

Last week Italy’s Constitutional Court blocked the country’s campaign calling for the decriminalisation of psychotropic substance cultivation.

The motivation for not allowing the referendum to proceed is not yet clear and the campaign has been accused of being misleading, says campaign coordinator Marco Perduca. 

Despite handing in 630,000 verified signatures calling for a referendum, Italy’s Constitutional Court stated that the campaign will not trigger a referendum. The Legalizziamo! campaign group has said the decision is a win for the mafia and “the failure of a court that cannot guarantee Italians a constitutional right”.

The campaign aimed to modify the wording of “cultivation” in the Consolidated Law on the Discipline of Narcotic Drugs and Psychotropic Substances in Presidential Decree 309/1990. The court, however, stated that the campaign would force the country to violate its obligations to the UN regarding the prevention of drug trafficking.

Find out about the global coalition pushing for psilocybin rescheduling

Marco Perduca is co-founder and international co-ordinator Associazione Luca Coscioni and founder of Science for Democracy, the international platform promoted by the Luca Coscioni Association. He has been the coordinator for the Legalizziamo! campaign since 2015.

In a comment to Psychedelic Health, Marco Perduca, said: “The motivation of the decision of the Constitutional Court against the admissibility of our referendum has not been published yet so we can only respond to the words of Giuliano Amato the President of the Court uttered in his press conference on 16 February.

“We were accused of having submitted a referendum that was poorly drafted, with a misleading title and that the whole proposal was not in line with Italy’s obligation stemming from the ratification of the three UN Conventions.

See also  First-ever psychedelics advert launches in UK

“Mr Amato made reference to the website address on which we collected the signatures knowing quite well that that was the name of the political campaign to collect signatures but not the actual title of the question, which was decided in conjunction with the Cassation Court.

“Italy’s drugs law is very complicated to interpret but once you know your way through that legislative maze you know where it is heading: to punish conducts from cultivation to production, from transportation to export and import of illicit plants and substances. 

“Our referendum was deleting penalties only for one of those actions, cultivation, keeping all the other conducts in place – hence only growing for personal use would have been decriminalised, as massive cultivation would have remained illicit. Furthermore, one doesn’t need to be a botanist to know that one grows plants and not substance, one thing is cultivating coca bush, another producing cocaine, one thing is growing poppy seeds, another refining heroin. We do not cultivate wine but grapes.

“Mr Amato made that confusion and “forgot” to mention that prohibition to grow cannabis indeed appears in a paragraph of one of the articles we deleted as well as in the previous one – the 1990 law was toughened in 2006 but changed again in 2014 and sometimes it is difficult to keep track of all the changes, also for jurists – so, the accusation of having poorly drafted the referendum is a judgement that is up in the air as the law says otherwise. 

“Until we won’t have the motivations of the decision we can only speculate on the rationale behind it and respond to a brief, if not superficial, summary of the President of the Constitutional Court shared in a very unconventional manner on behalf of the 15 judges that took that decision.”

See also  UK MPs demand answers as Drugs Minister dodges psilocybin debate

Speaking to Psychedelic Health, Perduca previously highlighted that the campaign also aimed to allow people to use cultivation for scientific research targeting specific physical conditions or pathologies. Perduca said that Italy is lagging behind other countries in psychotropic substance research. 

“We only have one centre at the University of Rome that is starting to study psilocybin for therapeutic purposes. We also grow cannabis for medical reasons, but nobody’s studying it,” said Perduca.

Find out more on what the campaign means for the Right to Science

Perduca is also now involved in a campaign for the Right to Science – an enshrined right in the International Covenant on Economic, Social and Cultural Rights. This entered into force in 1976 and covers freedom of research, freedom of knowledge, including open access, as well as free and open data.

Whilst more studies are demonstrating the efficacy of psychotropic substances, such as psilocybin, for treating mental health conditions, prohibition of cultivating such substances hinders scientific research in Italy that could contribute to this new fountain of knowledge. 

To address what the country lacks in the field of psychedelic research, Associazione Luca Coscioni recently published a collection of presentations and international symposia – The Dose Makes the Poison. The collection features psychedelic pioneers such as Amanda Feilding, Rick Doblin, Ben Sessa, Carl Hart and Raphael Mechoulam.

The campaigners have stated they will not stop the fight to push through the referendum.

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Now is the time for psychedelic access, says campaigner

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Now is the time for psychedelic access, says campaigner

Activists in Oakland recently filed a ballot put forward by Dave Hodges seeking to legalise safe and legal access to psychedelics for therapeutic uses. 

In the face of critics, Hodges has said now is the time for safe access to psychedelics.

The Psychedelic Wellness & Healing Initiative would enable the sale, possession and use of psychedelics for therapeutic purposes if passed. Psychedelics that would be allowed under the ballot include Psilocybin, MDMA, DMT, and Mescaline.

If passed, the initiative would give doctors and mental health specialists the right to recommend psychedelics to ease the debilitating symptoms of a range of problems, including obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), depression, anxiety, addiction, suicidality and traumatic brain injury (TBI), among others.

Hodges has said: “Now is the time for safe, controlled medical access for patients in need. The way to solve the problem is not by continuing to ignore it.” 

Hodges’ solution is to create a structure for use that includes proper dosages and access to experts who can help users benefit from appropriate treatment.

The updated initiative language emphasises safety, and gives doctors and mental health specialists the right to recommend psychedelics to ease the debilitating symptoms of a range of conditions.

Research by the University of Michigan and Columbia University shows non-LSD hallucinogenic use on the rise and Hodges has stated that increase means that the initiative providing guidelines for use is needed more than ever. 

Hodges said he hopes Californians will read the initiative, share their thoughts about it over the holiday week and offer feedback via the initiative website, PW4CA.com, by 27 November, 2023, the deadline for modifications.

See also  EU bodies provide perspective on regulation of psychedelics

“Now is the time to provide medical and therapeutic access to psychedelics,” Hodges said. “The way to do this is through the initiative.”

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Transform Drugs releases groundbreaking book: How to regulate psychedelics

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Transform Drugs releases book: How to regulate psychedelics

UK charity Transform Drug Policy Foundation has published a new book ‘How to Regulate Psychedelics: A Practical Guide’ that sets out how psychedelics can be legalised and regulated for non-medical adult use.

While an increasing amount of research is pointing to the potentially beneficial effects of psychedelic treatment on mental health conditions, many people across the globe are using psychedelics outside of the clinical setting.

The book includes a set of proposals for post-prohibition policies, covering psychedelics including psilocybin, LSD, DMT and Mescaline. 

Previously, Transform’s guides on regulating stimulants and cannabis have been used to advise governments around the world on drug policy. This book seeks to inform the debates on psychedelic drug reforms taking place across the world.

Co-author and Public Affairs and Policy Manager at Transform Drug Policy Foundation, Ester Kincová, stated: “Despite psychedelic drugs being illegal, their non-medical use within society has been steadily increasing. 

“Punitive enforcement has not decreased use or eliminated supply, but it has made use more unsafe. 

“Legalising and regulating psychedelics is a pragmatic move to reduce harm. This is no longer a theoretical debate, states in the US are already recognising the need and  making moves to regulate for non-medical adult use.”

Scientific Chair of Drug Science, Professor David Nutt, added: “Once again Transform have come up with a well thought out and practical plan for the regulation of another group of currently illegal drugs – in this case psychedelics. 

“Their ideas would be both easy to implement and to engage with and will, if adopted, radically enhance the safe use of these remarkable agents.”

See also  Cannabinoid company MGC Pharma moves into psychedelics

Proposals for regulation

The book includes a four-tiered regulation model “that attempts to manage the variety of psychedelic preparations and the different ways in which they are used”.

These include:

  • Private use, home cultivation, foraging and not-for-profit sharing.
  • Membership-based non-for-profit associations for plant-based products.
  • Licensed production and retail adaptable to different products and environments
  • Regulated commercial guided or supervised use

Additionally, a decriminalisation model is proposed which suggests that possession for personal use should no longer be an offence of any kind or be subject to any sanctions; Drugs for personal use should not be confiscated; cultivation of small amounts of plant-based drugs for personal use should be decriminalised, among other suggestions.

The book also includes topics such as embedding social justice, equity and human rights into policy design, how to think about psychedelics regulation, why regulate psychedelics and why now, and psychedelics and the UN drug treaties.

To read the book, please visit transformdrugs.org/.

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Oakland ballot seeks to legalise medical psychedelics

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Oakland ballot seeks to legalise medical psychedelics

Activists in Oakland have filed a ballot that seeks to legalise safe and legal access to psychedelics for therapeutic uses. 

The Psychedelic Wellness & Healing Initiative would enable the sale, possession and use of psychedelics for therapeutic purposes if passed. Psychedelics that would be allowed under the ballot include Psilocybin, MDMA, DMT, and Mescaline.

If passed, the initiative would give doctors and mental health specialists the right to recommend psychedelics to ease the debilitating symptoms of a range of problems, including obsessive-compulsive disorder (OCD), post-traumatic stress disorder (PTSD), depression, anxiety, addiction, suicidality and traumatic brain injury (TBI), among others.

See also  Australia reschedules psilocybin and MDMA

Additionally, it would create a statewide framework for regulating the possession, use, cultivation and production of substances for medical and therapeutic use.

The initiative has been introduced by proponent and founder of the Oakland-based Church of Ambrosia, Dave Hodges, to the California Attorney General’s office for the 2024 ballot, and will need 546,651 valid signatures to qualify.

See also  CDPRG discusses the UK's Reschedule Psilocybin campaign

The filing follows California Governor Gavin Newsom’s recent veto of Senate Bill 58, the bill that sought to decriminalise the use of certain psychedelic drugs. 

Hodges emphasised that SB58 would have been a step forward, but that it had major flaws concerning its lack of provisions to ensure access, public safety and quality control. That veto, Hodges said, compelled him to move quickly on the initiative filing.

When the California Attorney General certifies the initiative for circulation, backers will have about four and a half months to gather the required signatures for ballot placement. 

Signature collecting will begin in early December.

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