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Agenda Sheet for City Council Meeting of: Date Rec’d 2/24/2021

03/01/2021 Clerk’s File # LGL 2021-0021


Renews #
Submitting Dept CITY CLERK Cross Ref # INIT 2021-1
Contact Name/Phone TERRI PFISTER 625-6354 Project #
Contact E-Mail TPFISTER@SPOKANECITY.ORG Bid #
Agenda Item Type Report Item Requisition #
Agenda Item Name 0260-INITIATIVE PSILOCYBIN MUSHROOM DECRIMINALIZATION
Agenda Wording
City Clerk Report on Initiative No. 2021-1 filed by Mason Lord (Decriminalize Spokane) and Pat Donahue
regarding Spokane City psilocybin mushroom decriminalization.

Summary (Background)
On February 4, 2021, Mason Lord (Decriminalize Spokane) and Pat Donahue filed a proposed initiative with
the Office of the City Clerk. Pursuant to SMC 2.02.230, the City Attorney's Office reviewed the measure and in
consultation with the sponsor prepared a ballot title and summary of the measure. Per SMC 2.02.040, upon
receiving this report from the City Clerk, the City Council may pass the measure as proposed, reject the
initiative measure and propose another one dealing with the same subject

Lease? NO Grant related? NO Public Works? NO


Fiscal Impact Budget Account
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Approvals Council Notifications
Dept Head PFISTER, TERRI Study Session\Other
Division Director Council Sponsor
Finance BUSTOS, KIM Distribution List
Legal PICCOLO, MIKE mpiccolo@spokanecity.org
For the Mayor ORMSBY, MICHAEL pat@donahuelawspokane.com
Additional Approvals
Purchasing
Continuation of Wording, Summary, Budget, and Distribution
0260 - INITIATIVE REGARDING PSILOCYBIN MUSHROOM DECRIMINALIZATION
Agenda Wording

Summary (Background)

to be considered as council legislation, or submit the initiative measure to the voters on its own motion. If
the city council does not pass the measure as proposed or submit the initiative measure to the voters, the
initiative and the ballot title and summary of the measure will be forwarded by the city clerk to the city
hearing examiner who shall issue a formal written opinion as to the legal validity and effect of the proposed
measure.

Fiscal Impact Budget Account


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Distribution List
WARNING

Every person who signs this petition with any other than his or her true name, knowingly
signs more than one of these petitions, signs this petition when he or she is not a legal
voter, or makes any false statement on this petition may be punished by fine or
imprisonment.

INITIATIVE PETITION TO THE CITIZENS OF THE CITY OF SPOKANE

INITIATIVE NO. 2021-1

We, the undersigned citizens and legal voters of the City of Spokane, Washington,
respectfully direct that this proposed Spokane City Voter Initiative, known as Initiative
No. 2021-1, a full, true and correct copy of which is printed herein, be submitted to the
electors of the City of Spokane for their approval or rejection at the next available
special or general municipal election. The proposed City Initiative shall appear as the
following proposition:

BALLOT TITLE

INITIATIVE REGARDING SPOKANE CITY PSILOCYBIN MUSHROOM


DECRIMINALIZATION

Shall the Spokane Municipal Code be amended to make adult possession and transfer
of limited quantities of psilocybin mushrooms the lowest possible law enforcement
priority?

______ YES
______ NO

Each of us for himself or herself says: I have personally signed this petition; I am a legal
voter of the City of Spokane; my residence address is correctly stated; and I have
knowingly signed this petition only once.
(The full text of the proposed ordinance is printed on the reverse side of this page and
continuing on the pages following)

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PETITIONER'S PRINTED ADDRESS WHERE REGISTERED
SIGNATURE NAME TO VOTE
(in dark ink and as shown on (legibly in (Street Address, City, State, Zip
the signer’s voter dark ink) Code)
registration)
1.

20.
Petitioners: Mason Lord, Decriminalize Spokane, 901 N. Adams St., Spokane, WA
99201; Pat Donahue (509) 295-6555

Summary of the Measure

THE LAW AS IT CURRENTLY EXISTS:


Possession of psilocybin is a felony and punishable by 5 years in prison and a $10,000
fine. Transferring less than 70.5 ounces of psilocybin to another adult is also a felony.
Transfer of psilocybin is punishable by 10 years in prison and a $25,000 fine.
Convictions for even simple possession of psilocybin also severely limit an individual’s
ability to seek employment, obtain Federal Student Aid, travel internationally, and find
housing.

THE EFFECT OF THE PROPOSAL, IF APPROVED:


This measure would 1) amend the Spokane Municipal Code so the limited possession,
cultivation, private use and not-for-profit transfer of psilocybin mushrooms within the
City of Spokane by adults twenty-one years of age and older would be the City’s lowest
possible law enforcement priority, 2) prohibit the City of Spokane from spending
resources to impose criminal penalties for the private use, possession, cultivation and
limited transfer of psilocybin mushrooms, and 3) prohibit the open possession and/or
consumption of psilocybin mushrooms.

DECLARATION OF SIGNATURE GATHERER

I, (print name legibly) . . . . . . . . . . . ., swear or affirm under penalty of law that I


circulated this sheet of the foregoing petition, and that, to the best of my knowledge,
every person who signed this sheet of the foregoing petition knowingly and without any
compensation or promise of compensation willingly signed his or her true name and that
the information provided therewith is true and correct. I further acknowledge that under
chapter 29A.84 RCW, forgery of signatures on this petition constitutes a class C felony,
and that offering any consideration or gratuity to any person to induce them to sign a
petition is a gross misdemeanor, such violations being punishable by fine or
imprisonment or both.
___________________(Signature)_____________________(Date)

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ORDINANCE NO. C - _____

Spokane Municipal Code Amendment Decriminalizing Psilocybin

An ordinance relating to amending the Spokane Municipal Code to make adult


possession and transfer of limited quantities of psilocybin mushrooms the lowest
possible law enforcement priority; amending SMC section 1.05.210; adopting a new
section 10.15.230 to chapter 10.15 of the Spokane Municipal Code and adopting a new
chapter 18.08 to Title 18 of the Spokane Municipal Code.

WHEREAS, according to the Journal of Psychopharmacology, psilocybin use


was associated with reduced odds of past year theft, past year assault, past year arrest
for a property crime, and past year arrest for a violent crime, and, in contrast, lifetime
illicit use of other drugs was, by and large, associated with increased odds of these
outcomes; and

WHEREAS, according to the US National Library of Medicine - National Institutes


of Health, psilocybin use is associated with reduced psychological distress and
suicidality in the United States population; and

WHEREAS, psilocybin can alleviate end-of-life anxiety for hospice and terminal
cancer patients, can reduce prison recidivism, and can effectively treat depression,
cluster headaches, addiction and trauma; and

WHEREAS, according to the Journal of Psychopharmacology, experience with


psilocybin is associated with decreased risk of opioid abuse and dependence; and

WHEREAS, according to the Public Library of Science One Journal, psilocybin is not
known to cause brain damage and is regarded as non-addictive; and
WHEREAS, according to the Global Drug Survey 2017, psilocybin is the safest of
all recreational drugs.

NOW, THEREFORE, the people of the City of Spokane hereby ordain:

Section 1. That there is adopted a new section 10.15.230 to chapter 10.15 of the
Spokane Municipal Code to read as follows:

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10.15.230 OPEN POSSESSION/CONSUMPTION/TRANSFER OF PSILOCYBEN
MUSHROOMS

It is unlawful to open a package containing psilocybin mushrooms, or consume


psilocybin mushrooms, or to transfer any amount of psilocybin mushrooms in view of
the general public. A person who violates this section is guilty of a class 3 civil
infraction.

Section 2. That there is adopted a new chapter 18.08 to title 18 of the Spokane
Municipal Code to read as follows:

18.08 PUBLIC SAFETY ENFORCEMENT PRIORITIES

18.08.010 Purpose and Intent


18.08.020 Defined Terms
18.08.030 Enforcement Priority – Psilocybin Mushrooms
18.08.040 Use of City Funds and Resources Limited Exceptions

18.08.010 Purpose and Intent


The purpose and intent of this chapter is to: 1) deprioritize, to the greatest extent
possible, the imposition of criminal penalties on persons twenty-one years of age and
older for the personal possession, use, storage, transportation, cultivation and limited
transfer of psilocybin mushrooms; and 2) prohibit the City of Spokane from spending
resources on imposing criminal penalties on persons twenty-one years of age and older
for the personal possession, use, storage, transportation, cultivation, and limited
transfer of psilocybin mushrooms.

18.08.020 Defined Terms


As used in SMC 10.15.230 and Chapter 18.08 SMC, the following words and phrases
shall have the meanings given to them in this section except where the context clearly
indicates and requires a different meaning:
(1) Psilocybin Mushrooms shall mean any fungal matter containing psilocybin,
psilocyn, baeocystin, or nor-baeocystin, including spores.
(2) Adult or Adults means an individual twenty-one years of age or older.
(4) Possession shall mean the possession, storage, or transportation of 6 ounces
or less of dried psilocybin mushrooms. Possession shall also include the
consumption of psilocybin mushrooms by adults where the psilocybin
mushrooms are not used or displayed in public. Public intoxication is not
permitted under this chapter.

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(5) Cultivation shall mean the production of 6 ounces or less of psilocybin
mushrooms. Cultivation under this chapter shall not be done in public, for profit,
or in a household with residents under the age of twenty-one.
(6) Transfer under this chapter shall mean the conveyance of one ounce or less
of psilocybin mushrooms between adults. Any transfer of psilocybin mushrooms
shall neither be done in public nor for profit.
(7) Ounces, or any other unit of measurement in this chapter, shall refer to the
weight of dried mushrooms or liquid extract.

18.08.030 Enforcement Priority – Psilocybin Mushrooms


The enforcement of any laws imposing criminal penalties for the use, possession,
transportation, cultivation, or transfer of psilocybin mushrooms, as those terms are
defined in SMC 18.08.020, shall be the lowest law enforcement priority in the City of
Spokane.

18.08.040 Use of City Funds and Resources Limited; Exceptions


Except as specifically authorized in Chapter 18.08 SMC, no department, agency,
board, commission, officer or employee of the city, including without limitation, court
administrative and clerical employees, probation, pre-trial services and probation
officers working on behalf of the City of Spokane, shall use any city funds or resources
to assist in the enforcement of laws imposing criminal penalties for the use, possession,
transportation, cultivation, or distribution of psilocybin mushrooms.

Disorderly Conduct as defined SMC 10.10.020, and public intoxication are not permitted
under this chapter. Driving while under the influence of, or while affected by, any drug in
violation of RCW 46.52.502 is not permitted under this chapter. This chapter shall not
affect the use of city funds to prosecute and enforce these crimes.

Section 3. That SMC section 1.05.210 is amended to read as follows:

1.05.210 PENALTY SCHEDULE – PERSONAL CONDUCT

SMC 10.15.230 Open Possession/Consumption of Psilocybin 3


Mushrooms

Section 4. Submission to Voters. This municipal code amendment shall be submitted


to the voters of the City of Spokane for their approval or rejection at the next applicable
election under Section 82 of the Spokane City Charter.

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Section 5. Effective Date. This Initiative, if approved by the voters, shall take effect
and be in full force upon the issuance of the certificate of election by the Spokane
County Auditor’s Office.

Section 6. Self-executing, severability, and conflicting provisions.


If any term, clause, provision, or part of SMC 10.15.230 or Chapter 18.08 SMC or its
application are held invalid or unenforceable, such invalidity or unenforceability shall not
affect other terms, clauses, provisions, parts or applications of SMC 10.15.230 or
Chapter 18.08 SMC that can be given effect without the invalid terms, clauses,
provisions, parts or applications. All terms, clauses, provisions, parts and applications of
this provisions are self-executing except as specified herein, are severable, and except
where otherwise indicated in the text shall supersede conflicting provisions of the
Spokane Municipal Code and any regulations promulgated thereto.