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Eureka’s city council voted unanimously to decriminalize the use of entheogenic plants Tuesday night. The ordinance directs the police to deprioritize busting people 21 years and older for the personal use, cultivation or possession of entheogenic plants and fungi like psilocybin mushrooms, peyote and other hallucinogens. It also asks the district attorney to “consider the spirit and intent of this resolution” during the criminal justice process.
The ordinance does not decriminalize commercial sales or use by those under 21.
“This will likely not change any of our daily policing activities, however, we are sensitive to the council’s direction and resolution and where we are legally able to do so, we will operate within those guidelines. The priorities of the Eureka Police Department will continue to be focused on the safety of the community we serve,” said Assistant Chief Brian Stephens in an email.
He said possession of the substances is not a high priority for EPD.
The move follows advocacy from Decriminalize Nature Humboldt, a group that worked to get the city of Arcata to pass a similar ordinance in 2021.
“I was raised in Southern Humboldt and I had a very traumatic childhood which led to severe depression, suicidal thoughts, hatred of myself, anxiety, addiction,” said Danielle Daniel, organizer for the group. She said in her mid-20s she was introduced to a community that taught her to heal with hallucinogenic medicines.
Many public speakers came to public comment to voice similar support of the ordinance, speaking about the personal benefits they have experienced with the use of substances, some now decriminalized in Eureka and Arcata. Many noted the use of drugs in treating PTSD, addiction and other mental health issues.
Some concern was noted by Cmdr. Leonard LaFrance of the Eureka Police Department. He said the ordinance leaves a gray area around the amount considered being for personal use, asking for staff to define it more specifically.
“Our biggest concern from our end is what are the unintended consequences right now, and is our staff able to handle that,” he said, noting that the department is down 12 officers.
Councilmember Renee Contreras-DeLoach said the ordinance was too skewed in language about the benefits of entheogens. She said the role of government isn’t to prosecute people over a plant, but argued the council members should present a more balanced decriminalization ordinance.
Moulton agreed, that while she wasn’t comfortable using anecdotal evidence or weighing in on the positive uses in the ordinance, city government should step out of the way.
Councilmembers amended part of the ordinance in response, removing language that noted the benefits of “profound experiences of personal and spiritual growth.”
A state Senate bill was vetoed by Gov. Gavin Newsom earlier this month that aimed to decriminalize a number of psychedelics. The Eureka City Council wrote a letter in support of the bill. In Newsom’s veto letter, he noted the importance of creating more “regulated treatment guidelines” before decriminalization.
Some public commenters noted this kind of regulated treatment Newsom wants would be unaffordable for most people in Eureka, which is why they said it’s important for local decriminalization to proceed.
Larry Norris, co-founder of Decriminalize Nature Oakland, said costs for therapeutic experiences range in the thousands.
“This is what happens when pharmaceutical companies get involved,” he said.
Organizers from Decriminalize Nature Humboldt have spoken on the importance of community healing, with some public commenters noting the centuries of use outside of Western medical practices. Commenters also brought up previous legalizations — Roy Gomez, who owns a dispensary, spoke in support of the ordinance, noting the use of active ingredients in cannabis to treat medical ailments. A number of people who work in mental health treatments, including ketamine-assisted therapy, spoke in support of the ordinance.
An organizer said the group will have an educational event for the Eureka community. According to City Manager Miles Slattery, the ordinance goes into effect immediately.
Sage Alexander can be reached at 707-441-0504.
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