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Psychedelic Policy Reform in Michigan: A Brief History

By Krissy Atterholt

Feb 14, 2023

Michigan leads the Midwest in affording its communities local protection for psychedelic-based activities. Below you will find a breakdown of notable moments in Michigan's psychedelic legislative history.

Ann Arbor Psychedelics Decriminalization

On September 21, 2020, Ann Arbor's City Council voted unanimously in favor of a resolution declaring that the investigation and arrest of individuals involved with the personal use, growth, and possession of entheogenic plants, including those scheduled at state and federal levels, be the lowest priority for the City of Ann Arbor.

What It Is

Ann Arbor's resolution seeks to decriminalize "planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing" entheogenic plants or plant compounds. The resolution aims to protect adults using entheogenic plants from criminal prosecution and penalties by local authorities under local law. Entheogen activities are meant to be decriminalized by making these acts the lowest law enforcement priority in the city and restricting city funds and resources from being used towards investigating, detaining, arresting, or prosecuting alleged violations of state and federal laws regarding the usage of entheogenic plants. Regarding what entheogenic plants are protected, the resolution specifically decriminalized "plants, fungi, natural materials and or their extracted compounds, limited to those containing the following types of compounds: indole amines, tryptamines, and phenethylamines." Ibogaine, Ayahuasca, mescaline, and psilocybin are explicitly mentioned in the resolution.

Entheogen activities remain impermissible under state and federal law, meaning state and federal actors can arrest, charge, and prosecute individuals in Ann Arbor who engage in these activities. Local authorities may also pursue charges under state law.

What it Isn't

Ann Arbor's resolution only acts to decriminalize the personal use, growth, and possession of entheogenic plants and does not legalize it. Although it may be possible for Ann Arbor authorities to file charges under state law, local authorities should not file criminal charges for acts involving entheogenic plants, so long as their actions fit into the parameters of the resolution. Michigan State Police and federal authorities are not bound by the resolution and can arrest and charge individuals for their involvement with entheogens. The resolution also makes clear "commercial sales or manufacturing of these plants and fungi, possessing or distributing these materials in schools, driving under the influence of these materials, or public disturbance" are not decriminalized, and persons involved in these matters may still face arrest and prosecution.

Washtenaw County Psychedelics Decriminalization

After Ann Arbor decriminalized entheogenic plants and fungi, the Washtenaw County Prosecuting Attorney agreed with and supported the Ann Arbor City Council resolution and instituted Policy Directive 2021-06: Policy Regarding Entheogenic Plants on January 12, 2021.

What It Is

Policy Directive 2021-06 announced that the Washtenaw County Prosecuting Attorney's Office would generally no longer prosecute individuals for the personal use, growth, and possession of entheogenic plants. The Prosecuting Attorney noted equality, fairness, and justice as factors in their decision to equally apply the effect of Ann Arbor's decriminalization resolution to all of Washtenaw County. The Office acknowledged entheogenic plants were not generally addictive, do not pose a significant risk of overdose, and are not associated with violent behavior. It is important to recognize Michigan State Police and federal authorities operate outside the county's prosecution office, and individuals in Washtenaw County can still face state and federal prosecution for their involvement in entheogenic activities. Local authorities may also seek to file charges under state law as well.

The Policy Directive makes clear that all entheogenic-related conduct that puts public safety at risk, like driving under the influence of entheogenic plants, can still be prosecuted. Where Ann Arbor's resolution lacks specifics, the Prosecuting Attorney's Office clarifies what entheogen activities are and are not protected from criminal prosecution:

Distribution Charges: The Prosecutor's Office affirmed they can still file distribution charges against large-scale, for-profit distributors of psychedelic plants and adults who intentionally sell psychedelic plants and fungi to children. A list of factors for the Prosecutor's Office to consider when determining whether to move forward with distribution charges includes, but is not limited to, the 1) amount of entheogens at issue, 2) sophistication and the number of people involved in the distribution operation, 3) amount of capital at issue, and 4) the clientele to whom the plants are being sold to.

Distribution charges are more likely appropriate if the person(s) acts like commercial actors who sell to a broad bandwidth of people with whom they share no personal relationship, whereas charges are less likely if the person sells to friends, family, or an acquaintance. The Directive explains that distribution charges will operate out of a more flexible standard when it comes to age so that a 21-year senior in college who is caught selling entheogens to a 17-year-old freshman in college will not be treated the same as a 50-year-old who is selling entheogenic plants to middle schoolers. Regardless, all distribution charges now require approval from the Chief Assistant Prosecuting Attorney or the Prosecuting Attorney before being authorized.

Forensic Testing: The Policy does not prohibit nor discourage the forensic processing, confiscation, and destruction or seizure of contraband resulting from any law enforcement action.

The policy directive also states that the Prosecuting Office should no longer contest expungement applications from individuals formerly prosecuted in Washtenaw County for the underlying charges of possession, use, cultivation, or distribution of entheogenic plants. Individuals dealing with the ramifications of being involved in the criminal justice system for entheogenic activity may find some resolution and fewer barriers to opportunities in their community.

What It Isn't

The Policy Directive does not legalize the use, possession, cultivation, or distribution of entheogenic plants. Discretion remains with the Prosecutor's Office as to what activities will be prosecuted, the degree of charges, and what activities will be considered commercial versus personal. Additionally, policy directives are created at the discretion of the Prosecutor's Office and have the potential to be altered or removed altogether. But as of now, personal use, growth, and possession in Washtenaw County generally are generally no longer prosecutable offenses by the Washtenaw County Prosecutor's Office.

Entheogen-based activities remain impermissible under state and federal law, meaning state and federal actors can arrest, charge, and prosecute individuals in Washtenaw County who engage in these activities. Local authorities may also seek charges under state law.

Ann Arbor Declares Entheogenic Plant & Fungi Awareness Month

On August 16, 2021, Ann Arbor passed a Resolution Declaring September Entheogenic Plant and Fungi Awareness Month in Ann Arbor, Michigan.

What It Is

Ann Arbor proclaimed September to be Entheogenic Plant and Fungi Awareness month to advocate awareness and understanding of the benefits of entheogens for individual and spiritual growth and mental well-being. Septembers in Ann Arbor will also bring attention to honoring the long-standing history of ancestral practices and relationships with entheogens.

Grand Rapids Statement of Support of Efforts to Decriminalize Psychedelics

On September 28, 2021, Grand Rapids' City Commission released City Commission Agenda 91111 – Resolution declaring support for decriminalizing the Use and Possession of Entheogenic Plants and Fungi at the Local, State and Federal Level.

What It Is

The Grand Rapids Resolution is simply a statement of support of local, state, and federal legislative efforts to decriminalize entheogenic plants, fungi, and compounds.

What It Isn't

The resolution is not decriminalization or legalization of entheogenic plants, fungi, or compounds in any way. Individuals in Grand Rapids will still be prosecuted for entheogenic plant-based activities and are not afforded protections to use, grow, or possess these plants.

Detroit Psychedelics Decriminalization

On November 2, 2021, Detroit voters passed Proposal E and decriminalized psychedelics, creating Ordinance No. 2021-62, Chapter 31, Article IX, Division 4. Entheogenic Plants.

What It Is

Detroit's Entheogenic Plants Ordinance, arising from Proposal E, affords the most local protection in Michigan by essentially decriminalizing both personal and therapeutic use of entheogens by adults at the local level. State and federal actors are not bound by the ordinance. They can still arrest and prosecute individuals participating in entheogen-related activity, and local authorities may also pursue charges under state law.

This ordinance is the first psychedelics decimalization measure in Michigan to be passed by Michigan voters. Entheogenic plants that are protected in the measure include an array of plants, fungi, and natural materials or their extracted compounds "containing the following types of compounds: indole, amines, tryptamines, and phenethylamines." Peyote is not to be decriminalized until it is no longer considered endangered by the Native American Church.

Personal use of entheogenic plants is understood as the "use, possession, storage, or propagation" of entheogenic plants. The plants are not to be used or displayed in public or used while operating a motor vehicle. Personal use protection does not extend to individuals receiving payment for the sale of entheogenic plants. The ordinance also protects access to entheogenic plants through therapeutic avenues. Therapeutic use is defined as the "use, possession, storage, propagation, provision, transfer or sharing of entheogenic plants with another adult or adults with or without remuneration under the advisement or supervision of a licensed therapist, medical professional, or religious leader."

What It Isn't

The ordinance does not legalize psychedelics in Detroit. It only serves to afford protection from local authorities under local law.

These activities remain impermissible under state and federal law, meaning state and federal actors can arrest, charge, and prosecute individuals in Detroit who engage in entheogen activities. Local authorities may file charges under state law.

Hazel Park Psychedelics Decriminalization

On March 22, 2022, Hazel Park became the third city in Michigan to decriminalize psychedelic plants and fungi when City Council passed Resolution Supporting Entheogenic Plant Practices and Declaring that the Investigations and Arrest of Adult Individuals Involved with the Use of Entheogenic Plants be the Lowest Priority for the city of Hazel Park.

What It Is

Hazel Park's resolution decriminalizes the planting, cultivating, purchasing, transporting, distributing, and possessing of entheogenic plants or compounds. Entheogenic plants are defined as "the full spectrum of plants, fungi, and natural materials and/or their extracted compounds, limited to those containing the following types of compounds: indoleamines, tryptamines, and phenethylamines." Like Ann Arbor, Hazel Park plans to achieve decrimalization by making these psychedelic activities the lowest law enforcement priority and not allowing funds or resources to be used in the investigation and prosecution of these acts. Hazel Park also calls upon the Oakland County Prosecuting Attorney to stop prosecuting adults involved in entheogenic-related activity.

What It Isn't

The resolution does not legalize entheogenic activity and may only afford protection from local authorities under local law. State and federal actors are outside the jurisdiction of the resolution and can still arrest and prosecute individuals in Hazel Park who are involved in entheogen-related conduct. Also, local authorities can file charges under state law. Distributing plants or compounds in school, consumption by minors, driving while under the influence, commercial sales and manufacturing, and all other activities that place public safety at risk remain illegal in Hazel Park.

These activities remain impermissible under state and federal law, meaning state and federal actors can arrest, charge, and prosecute individuals in Hazel Park who engage in entheogen activities. Local authorities retain the option to file charges under state law.

Hazel Park Declares Entheogenic Plant & Fungi Awareness Month

Around six months after Hazel Park City Council voted to decriminalize psychedelics, they passed a Resolution Declaring September Entheogenic Plant and Fungi Awareness Month in Hazel Park.

During the City Council meeting, they stated "the use of entheogenic plants/fungi has been shown in scientific and clinical studies, as well as traditional practices, to be beneficial to the health and well-being of individuals and communities" in addressing conditions like "substance abuse, addiction, recidivism, trauma, post-traumatic stress symptoms, chronic depression, severe anxiety, end of life anxiety, and cluster headaches."

What It Is

Following in the footsteps of Ann Arbor, Hazel Park also proclaimed September to be Entheogenic Plant and Fungi Awareness month. Septembers in Hazel Park will now be a time to increase local awareness and understanding of the potential benefits entheogens can provide for personal and spiritual growth and mental well-being and to honor the long-standing history of ancestral practices and relationships with entheogens.

Ferndale Psychedelics Decriminalization

On February 27, 2023, Ferndale’s City Council voted in favor of a resolution declaring that the investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing entheogenic plants or plant compounds that are on the federal Schedule 1 list shall be the lowest law enforcement priority of the city.

What It Is

The City of Ferndale’s resolution aims to make the investigation and arrest of persons for “planting, cultivating, purchasing, transporting,  distributing, engaging in practices with, or possessing” entheogenic plants or federally Schedule 1 plant compounds the lowest law enforcement priority for the city. The resolution defines entheogenic plants as the full spectrum of plants, fungi, and natural materials and/or their extracted compounds. However, the resolution limits the types of compounds protected to indoleamines, tryptamines, and phenethylamines. Ayahuasca and Dimethyltryptamine are briefly mentioned as being beneficial in treating addiction and PTSD and as potential avenues to profound personal and spiritual experiences. Ferndale’s resolution makes it clear that possessing or distributing entheogenic plants or Schedule 1 plant compounds in schools, consumption or usage by minors, driving under the influence of these materials, public disturbance, and commercial sales or manufacturing of these plants and plant compounds continue to be prosecutable offenses. 

What it Isn't

As with the resolutions enacted in Ann Arbor, Detroit, and Hazel Park, Ferndale’s resolution only serves to decriminalize planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing entheogenic plants and Schedule 1 plant compounds. Ferndale authorities retain the authority to file charges under state law, however, the resolution asks local authorities to abstain from investigating and arresting individuals for acts that fit within the framework of the resolution. The Michigan State Police and federal authorities are not bound by the resolution and can freely pursue individuals for their involvement with entheogenic plants and Schedule 1 plant compounds. 

All entheogenic activity continues to be illegal under state and federal law. Individuals engaged in entheogen-based activities may face arrest and prosecution by state and federal actors and may even face charges from local authorities under state law. 

Vicente's Psychedelics & Emerging Therapies team is passionate and experienced in assisting clients and advocacy organizations with the creation, drafting, and strategic implementation of local and state-controlled psychedelics policy reform measures. Learn more about our services and experience in the psychedelics space.

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