City Council - Rules & Government Relations Committee

CITY OF EASTHAMPTON OFFICE OF THE CITY COUNCIL Easthampton Municipal Building 50 Payson Ave., Ste. 100 Easthampton, Massachusetts 01027-2260 Telephone #: (413) 529-1460 RULES and GOVERNMENT RELATIONS Meeting 08/09/2021 Attendees: R&GR Committee Members: Councilor Thomas Peake, Chair Councilor Peg Conniff, Clerk Councilor Dan Rist Other Attendees: Councilor Owen Zaret Rebecca Edwards, Easthampton Healthy Youth Coalition Steve Linsky, Easthampton Healthy Youth Coalition Bri Eichstaedt, Health Director Meeting called to order at 6:00 pm. The meeting was recorded. Minutes from 07/08/2021 approved 3-0. Dan Rist made motion to approve. Second by Coun- cilor Conniff. 1. CONTINUING BUSINESS A. Resolution re: De-criminalization of therapeutic psychedelic plants - Rebecca Edwards and Steve Linsky from the Healthy Youth Coalition attended the meeting for this discussion. Councilor Zaret provided a summary of the resolution. (Reso- lution draft attached). • Councilor Zaret equated psychedelic plant drugs to the history of cannabis. These plant based substances have therapeutic properties. The HYC re- quested that certain wording around the community education. Shelby (public member) requested that wording be included around ensuring that health providers be included in the services. Bri Eichstaedt stated that en- suring that no exposure or advertising be made to youth. Rebecca Edwards next spoke. Concern around data. Will perceptions of harm be reduced by focussing on the therapeutic nature of this substance. Discussion around the  resolution ensued. The police do not prioritize this today so there will be no impact to the operations of the police. • Future policies around youth education would be handled within the Healthy Youth Coalition which sits in the Health Department. • Councilor Peake commented that he co-sponsored this resolution and has a strong belief that keeping safe is really important to him. With respect to cannabis, the cannabis retail establishments provide safer product than what is available on the street. This is a similar model for psychedelic sub- stances. He expressed that for some people there is some benefit. He advo- cates that this kind of substance should not fall into the policing model. De- criminalizing this is appealing. • There was concern over some of the language and therefore this committee will take a vote in the next committee meeting in order to bring before the full council on September 1, 2021. B. Proposed amendment to council rules: Add Rule 20 - Remote Participation - Not discussed. RESOLUTION In the City Council, June 2, 2021 Upon the Recommenda on of: Councilor Salem Derby Councilor Thomas Peake Councilor Owen Zaret A RESOLUTION DECRIMINALIZING CONTROLLED SUBSTANCE POSSESSION AS WELL AS CULTI- VATION AND DISTRIBUTION OF PSYCHEDELIC PLANTS WHEREAS: “entheogenic plants,” a term originally classi ed by anthro- pologists and ethnobotanists in 19791, are herein de ned as the full spectrum of psychedelic plants, fungi, and natural materials containing indole amines, tryptamines, phenethylamines, including psilocybin mushrooms, ayahuasca, cac , and iboga; and WHEREAS: substance abuse, addic on, post-trauma c stress disorder (PTSD), Persistent Trauma c 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 1 Carl A. P. Ruck; Jeremy Bigwood; Danny Staples; Jonathan Ott; R. Wasson Gordon (January–June 1979). "Entheogens". Journal of Psychedelic Drugs. fi ti fi ti ti ti ti  has been shown to be bene cial for trea ng these ailments via scien c and clinical studies2 and within con nuing tradi onal, religious, and indigenous prac ces 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 Massachuse s commu- ni es3, two ailments that entheogenic plants have been shown to have par c- ularly strong u lity in trea ng according to published, peer-reviewed medical research4; and WHEREAS: the so-called War on Drugs has led to the unnecessary penal- iza on, arrest, and incarcera on of vulnerable people, par cularly people of color and people of limited nancial means, rather than priori zing harm-re- duc on policies to treat drug abuse as an issue of public health; and WHEREAS: that American ci es have long possessed an inferred con- s tu onal right to regulate commerce and public safety within their jurisdic- ons, a principle acknowledged by the U.S. Department of Jus ce Cole Memo- randum that permi ed states and locali es to depriori ze law enforcement of cannabis charges; and WHEREAS: organiza ons in Hampshire County such as Tapestry, ServiceNet shelter, MANNA Soup Kitchen, Hampshire HOPE, Northampton Re- covery Center, Nothing But Kindness, HRH413, Center for Human Develop- ment Inc. and others have long o ered services to people struggling with sub- stance abuse by providing resources, administering syringe exchange pro- grams, distribu ng naloxone, and providing educa on on safer drug prac ces to save lives in our community, which the city council profoundly appreciates; and WHEREAS: the City Council of Somerville (9-0), the City Council of Cam- bridge (8-1), and the City Council of Northampton (8-0) passed similar resolu- ons following approval of their legal departments as well as decriminaliza on by Oakland, Denver, Ann Arbor, Santa Cruz, Bal more, Washington D.C, Ore- gon, and around six other countries; and 2 Hendricks, P.S., Johnson, M.W., Griffiths, R.R. (2016). Psilocybin, psychological distress, and sui- cidality. 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. ti ti ti ti ti ti ti ti ti ti ti ff ti ti ti fi fi ti tt ti ti ti ti ti ti ti tt ti ti ti fi ti ti ti  NOW, THEREFORE BE IT RESOLVED, that the City Council of Easthampton hereby recommends that no City of Easthampton department, agency, board, commission, o cer or employee of the city should use any city funds or re- sources to assist in the enforcement of laws imposing criminal penal es for the use and possession of entheogenic plants by individuals; and BE IT FURTHER RESOLVED that the City Council hereby maintains that the use and possession of all controlled substances should be understood rst 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 believes that it should be the policy of the City of Easthampton that the arrest of persons for using or possessing controlled substances for personal adult therapeu c use shall be amongst the lowest law enforcement priority for the City of Easthampton; and, BE IT FURTHER RESOLVED that the City Council hereby recommends it should be the policy of the City of Easthampton that the inves ga on and arrest of persons for plan ng, cul va ng, purchasing, transpor ng, distribu ng, engag- ing in prac ces with, and/or possessing entheogenic plants, for the purpose of personal adult use and medical/therapeu c purposes, listed in Classes A-E of Chapter 94C § 31 of Massachuse s 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 Easthampton; and, BE IT FURTHER RESOLVED that this resolu on does not authorize or enable any of the following ac vi es: commercial sale of entheogenic plants and fun- gi, cul va on for large scale distribu on, possessing or distribu ng these ma- terials on school grounds, use or distribu on of these plants to individuals un- der 21 years of age, driving under the in uence of these materials; or public disturbance; and, BE IT FURTHER RESOLVED that the Easthampton City Council calls upon the city’s o cials to work in support of decriminalizing entheogenic plants and approaching all controlled substances rst and primarily through the lens of public health and restora ve racial jus ce ini a ves when represen ng the city in conversa ons with state and federal agencies as well as state and federal lawmakers; and, BE IT FURTHER RESOLVED that the Easthampton City Council supports state and local legisla on to study the therapeu c proper es of entheogenic plants, descheduling of these plants from the list of controlled substances for the fi ti ti ti ti ti ti ti ti ti ti ti ti fl ti fi ti tt ti ti ti ti ti ti ti ti ffi ti ti ffi ti ti ti ti  purpose of separate regula on, and decriminalizing possession and use for therapeu c purposes under the direc on of a medical provider BE IT FURTHER RESOLVED that the Easthampton City Council recommends ap- propriate community and youth educa on aimed at avoiding youth use as well as teaching the risks and bene ts of adult therapeu c use of pharmaceu cal and botanical therapeu c substances, and dis nguishing and educa ng about the risks of illicit substance use. The City should also engage in appropriate data collec on, health impact assessments, and gathering of scien c infor- ma on to be er inform the community and youth of the proper es, risks, and bene ts of these substances. Residents should also be educated on safe prac- ces of storing medica ons and other inges ble substances in the home, and the City should pursue a lock box program for storage of therapeu c sub- stances in the home. BE IT FURTHER RESOLVED that the City Council calls upon the Hampshire County District A orney to cease prosecu on of persons involved in the use, possession, or distribu on of entheogenic plants for adult personal therapeu- c use and medical/therapeu c purposes 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 Rela ve to Harm Reduc on and Racial Jus ce, which would replace criminal penal es for controlled substance possession with the choice of a $50 civil ne 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 3829 An Act. Establishing Task Force to Study Equitable Access to Entheogenic Plants, which will convene 21 experts in science, drug policy, economic and racial jus ce, and state government to recommend legisla on to legalize en- theogenic plants as well as expunge records and create equity ini a ves for vic ms of the en re war on drugs. This task force requires the study to be done through the lens of racial jus ce, sustainability, and considera on for BIPOC, veterans, and people with disabili es; and, BE IT FURTHER RESOLVED that the Clerk of the City Council shall send a copy of this Resolu on to Representa ve Daniel Carey and Senator John Velis, Gov- ernor Charles Baker, A orney General Maura Healey, Hampshire County Dis- trict A orney David E. Sullivan, Easthampton Police Chief Robert Alber , Sec- retary of Veterans’ Services Cheryl Lussier Poppe, and the Board of Registra- on of Allied Mental Health and Human Services Professions. ti ti ti ti ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ti tt ti tt ti ti tt ti ti ti ti tt fi fi ti ti ti fi ti ti ti ti ti ti ti ti ti 7:03pm - Motion to adjourn by Councilor Rist, seconded by Councilor Conniff Next Meeting: 8/24 @ 6:00pm