Nearly two months after hearing a proposal to decriminalize psilocybin and other fungal and plant-based medicines in the city, the Olympia City Council unanimously voted to make pursuing legal action or arrest of those possessing the substances the lowest level of priority for Olympia police.
The resolution specifically declares the investigation, arrest and prosecution of anyone engaging in entheogen-related activities among the city's lowest law enforcement priorities. And it states the council's support for full decriminalization of these activities on the state and federal level.
Entheogens are a chemical substance, typically of plant origin, that is ingested to produce a nonordinary state of consciousness. While they have historically been used by a range of cultures for spiritual journeys, and by some recreationally, they are increasingly being tested for use medically and for mental health therapy.
City Manager Jay Burney said Tuesday that current law refers to fungi entheogens as psilocybin, which is a controlled substance categorized as a schedule 1 hallucinogen. It's currently unlawful to knowingly possess or use it in public without a prescription. The manufacture, delivery and possession with intent to deliver are class C felonies.
But in the last five years, Burney said there hasn't been a single arrest or charges solely on psilocybin possession. He said there were five arrests since 2019 where it was present, but not the primary reason for an arrest.
He said he didn't see any substantial impacts or significant risks from the council adopting the resolution.
The five arrests
2019: Narcotics possession arrest for MDMA, Adderall and mushrooms.
2020: Subject arrested on warrant, located heroin, methamphetamine and mushrooms while searching the subject.
2021: Narcotics possession arrest for Xanax and mushrooms.
2024: Narcotics possession arrest for fentanyl, methamphetamine and mushrooms.
2024: DUI arrest. Mushrooms were found while searching the subject. It is unknown if the mushrooms added to the impairment. The subject registered over the legal limit for alcohol during the breathalyzer test, so no further testing was conducted.
Council members weigh in
Council member Clark Gilman was the primary sponsor of the resolution. He initially had concern around the topic because he worried it was legalizing drug use. He said alcohol and opioids have not been kind to his family, so he's extra cautious.
"But as we've learned about these plant medicines and the different treatment modalities that are made possible with these substances, I've come to see this more like the discussions that were held about whether to allow midwives to be part of health insurance or chiropractic or acupuncture," he said. "To me, it's about allowing people to seek healing using things that are available in the world to help heal them."
Council member Dani Madrone said passing the resolution is about people who are seeking healing and want to feel safe and protected in doing so, not persecuted for it.
"And, you know, at the end of the day, I don't think it's appropriate for something to be illegal that you can go pick out of your neighbor's yard. To be honest, it's there," she said. "There wasn't science that was put into creating the policies that make it illegal. And I am very happy to support this resolution this evening."
Mayor Dontae Payne said he wanted to make it clear the resolution wasn't about legalization.
"It does not permit driving under the influence of entheogenic plants or fungi, permit the possession or distribution of entheogens in schools, authorize or enable commercial manufacturing or sales of entheogenic plants or fungi, permit conduct that puts public safety at risk or causes a public nuisance, that violates the law or prohibits or discourages the investigation, arrest or prosecution of such crimes," Payne said.
He said what the council is doing is saying to the state and federal government that they understand that just because we don't necessarily have all of the science and understanding behind alternative therapies doesn't mean that the government should outright reject them.
Payne said he thinks it's important to recognize that there are people who have committed crimes using these substances.
"I just want to point out that in the city manager's presentation, there were five arrests where this happened to be part of the scenario and within the last five years. And so really, what we're doing tonight is a formality," he said.
"This is not something that the Olympia Police Department has ever spent a whole lot of time doing and so we are just simply putting words to paper and saying that we're going to continue those efforts to make that a least priority, to pursue people who are seeking alternative therapies for themselves, to improve their lives."
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