Oakland Becomes Second U.S. City to Decriminalize Psychedelic Mushrooms

The Oakland City Council voted unanimously Tuesday night to decriminalize the adult use and possession of entheogenic, or psychoactive, plants and fungi, such as ‘magic’ mushrooms. That makes the city the second in the U.S. to decriminalize psychedelic plants. Denver voters in May approved a similar measure for people 21 and older.

Oakland’s measure would make the “investigation and arrest of individuals involved with the adult use of entheogenic plants on the federal Schedule 1 list be amongst the lowest priority for the city of Oakland.”

The City Council vote came after a string of speakers testified that psychedelics, such as ayahuasca and peyote, helped them overcome depression, drug addiction and post-traumatic stress disorder. Similar testimony swayed the public safety committee last week, which approved the measure to come before a full council.

Use of the plants “saved my life,” said one man who described himself as a former heroin addict. “I don’t know how to describe it other than miraculous.”

“There’s some evidence that one of the active components in psilocybin mushrooms can be used as a medical treatment in some patients, but this is also based off studies that have been small or very preliminary,” said Dr. Brian Anderson on KQED’s Forum. Anderson is a psychiatrist at San Francisco General Hospital who has done studies on the use of psychedelic plants in religious ceremonies.

He said there have been some trials suggesting the effects on depression or PTSD can be large when used as a form of drug-assisted psychotherapy. Those trials, though, remain small and far from FDA approval.

However, medical uses were not the only reasons cited for passing the measure. A number of advocates also argued the plants never should have been criminalized in the first place.

“We’re here to fix a wrong that never should have occurred,” said Carlos Plazola at the original public safety hearing. Plazola is chair of Decriminalize Nature Oakland, which sponsored the proposal.

Councilwoman Rebecca Kaplan agreed at the time. “Richard Nixon launched a war [on drugs] that we all know is stupid, racist, wasteful and expensive, and it is long past time for us to continue fighting Nixon’s war for him,” she said.

The City Council vote makes the investigation and arrest of adults who grow, possess, use or distribute entheogenic plants one of the lowest priorities for police. No city funds could be used to enforce laws criminalizing the substances, and the Alameda County District Attorney would stop prosecuting people who have been apprehended for use or possession. The Oakland Police Department has said they’ve dealt with 19 cases of suspected psychedelic mushrooms over the last five years, and are not certain about cases of other plants listed.

The ordinance also directs the city administrator to come back within a year to provide the council with an assessment of the law’s community impact.

Alameda County Deputy District Attorney Teresa Drenick declined to comment.

Councilmember Noel Gallo, who introduced the resolution, said decriminalizing such plants would enable Oakland police to focus on serious crime.

Critics, though, were concerned about unsafe use, especially in schools and by vulnerable populations.

Amendments offered by Councilmember Loren Taylor added caveats that the substances “are not for everyone,” recommending that people with PTSD or major depression seek professional help before using them and that people “don’t go solo” but seek expert guidance and have a trusted friend present during the use.

To address such concerns, Gallo said earlier, lawmakers would have to establish rules and regulations about the use of such substances, including what exactly can be used, how to use them and what associated risks are. Plazola, whose group sponsored the measure, also presented an educational proposal and said his organization would be working on community outreach.

Magic mushrooms would remain illegal under both federal and state laws. Entheogenic substances are considered Schedule 1 drugs under the federal Controlled Substances Act, which categorizes drugs that have potential for abuse and no medical value.

Entheogenic plants have long been used in religious and cultural contexts. Gallo remembers his grandmother treating his family members with plants, including entheogenic ones, for a variety of ailments.

“Growing up in the Mexican community, this was our cure,” he said. Hemp oils, mushrooms and yerba buenas — an aromatic plant known for its medicinal properties — “that was our Walgreens. We didn’t have a Walgreens. We didn’t have a way to pay for any drugs. These are plants we have known for thousands of years in our community and that we continue to use.”

Kelly O’Mara contributed to this report.