Massachusetts Republican Lawmaker and Bay Staters for Natural Medicine Put Out a Call to Action
Hearing Scheduled in Massachusetts for Bills to Legalize Certain Psychedelic Plant Medicines
The Truth About Psychedelics
You might be hearing about states and countries legalizing psychedelics. In 2020, Oregon became the first US state to decriminalize psilocybin and legalize it for therapeutic use. In 2022, Colorado followed suit. Researchers have recently been touting the benefits of psychedelics for health conditions like depression, anxiety, PTSD, addiction, cancer-related distress, and the list goes on. However – like cannabis – psilocybin is still illegal under US federal law.
Cognitive liberty and the constitutionality of criminalising psilocybin mushrooms in South Africa
The principle of cognitive liberty is assessed as a ground for challenging the constitutionality of the criminalisation of psilocybin mushrooms. To do so, s 12 of the Constitution of the Republic of South Africa, 1996, is analysed, determining that s 12(2) is not a numerus clausa and is capable of enforcing further protections and/or entitlements, such as cognitive liberty. Further, it is suggested that the interpretation of s 12(2)(b) offers protection to both body and mind, and as such, also protecting the cognitive liberty right. Having established that the Constitution protects the right afforded by the principle cognitive liberty, it is deduced that the current criminalisation of psilocybin mushrooms – a means through which an individual may exercise their cognitive liberty rights – in terms of the Drugs and Drug Trafficking Act and Medicines and Related Substances Act, conflict with the rights established in s 12 of the Constitution. A s 36 limitation of rights analysis is presented, detailing that the criminalisation of psilocybin mushrooms is not justifiable when the nature and importance of the limited right are weighed against the importance and purpose of the criminalisation. As such, this article concludes that the current criminalising legislation is not justifiable.
Arrest over magic mushrooms challenged in court
A married couple arrested in March 2021 for possession of mushrooms containing psilocin are taking their fight to authorities – challenging the criminal prohibition of psilocybin and psilocin.
Shelly-Cathy and Derek Faulds were arrested in March 2021 in Somerset West for possession of 142.4g of mushrooms.
Entheogen journeys, next step: Decriminalisation of magic mushrooms
‘Drugs is drugs,’ according to a Facebooker in response to a psilocybin post on my Facebook page. But are all drugs equal, and should some or all be legalised and/or decriminalised, and to what end?