Legal Information

   Initiative 81 was designed to declare that police shall treat the non-commercial cultivation, distribution, possession, and use of entheogenic plants and fungi as among the lowest law enforcement priorities. The ballot initiative defined entheogenic plants and fungi as species of plants and fungi that contain ibogaine, dimethyltryptamine, mescaline, psilocybin, or psilocyn. Examples include psilocybin mushrooms, also known as magic mushrooms or shrooms, peyote, and iboga. The ballot initiative also asked the D.C. Attorney General and U.S. Attorney for D.C. to cease the prosecution of residents who engage with entheogenic plants and fungi.

   Washington, D.C., was the second jurisdiction to vote on a ballot measure related to psilocybin and the first to vote on a ballot measure related to multiple entheogenic plants and fungi. In 2019, voters in Denver, Colorado, approved Initiated Ordinance 301 , which declared that the adult use and possession of psilocybin mushrooms were of the city's lowest law enforcement priorities. The governing bodies of Oakland and Santa Cruz, California, and Ann Arbor, Michigan, passed resolutions through their local governments to decriminalize entheogenic plants or psychoactive plants and fungi. 

   Decriminalize Nature D.C. led the campaign in support of Initiative 81. The campaign had raised $802,473, including $641,378 from the New Approach PAC. The New Approach PAC was founded in 2014, with an initial focus on marijuana-related ballot measures. In 2020, the New Approach PAC also supported Oregon Measure 109.

There were no identified political action committees (PACs) organized to oppose Initiative 81.

Below is the official text of Initiative 81;

BE IT ENACTED BY THE ELECTORS OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Entheogenic Plant and Fungus Policy Act of 2020.”

Sec 2. Findings and Declaration of Policy.

(a) The people of the District of Columbia find that use of entheogenic plants and fungi have been demonstrated, through scientific studies, to be beneficial in addressing a variety of afflictions including substance abuse, addiction, trauma, post-traumatic stress syndrome, chronic depression, anxiety, diabetes, cluster headaches and other conditions; and that practices with entheogenic plants and fungi have long existed, have been considered sacred to a number of cultures and religions for millennia, and continue to be enhanced and improved. Citizens of the District of Columbia seeking to improve their health and well-being through the use of entheogenic plants and fungi currently use them in fear of arrest and prosecution.

(b) It is declared the policy of this act to make investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing or engaging in practices with entheogenic plants and fungi among the lowest law enforcement priorities for the District of Columbia.

Sec 3. Policy Regarding Investigation and Arrest for Offenses Involving Entheogenic Plants and Fungi.

(a) For purposes of this section, the term “entheogenic plant and fungus” means any plant or fungus of any species in which there is naturally occurring any of the following substances in any form which would cause such plant or fungus to be described in D.C. Official Code §48-902.04(3): ibogaine, dimethyltryptamine, mescaline, psilocybin or psilocyn.

(b) The Metropolitan Police Department shall make the investigation and arrest of persons 18 years of age or older, for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi that are listed in Schedule I of the District of Columbia Uniform Controlled Substances Act of 1981 effective August 5, 1981 (D.C. Law 4-29, D.C. Official Code §48-902.04) as among its lowest enforcement priorities.

(c) Nothing in this section shall affect the priority of enforcing any provision of D.C. Official Code Title 50, Subtitle VII, Chapter 22, Subchapter III-A; or of D.C. Official Code §48-904.07a.

Sec 4. The people of the District of Columbia call upon the Attorney General of the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for non-commercial planting, non-commercial cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi as defined in section 3 of this act.

Sec. 5. Fiscal impact statement.

Sec. 6. Effective date. This act shall take effect after a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.