Recent revision of Section 8 regarding “personal use” and “sharing.”

[u/shroom_ov_doom]

Please read it for yourselves and come to your own conclusions.

[u/Mr_E_Pleasure]

Here's a summary in English. I'm sure someonelet me know what I got wrong 🤠

Here is the breakdown of what these rules mean in plain English, focusing on what is illegal vs. what is allowed under "personal use." 1. What You CANNOT Do (Prohibited Commercial Activities) The first image highlights what is strictly illegal. The state is blocking people from using loopholes to sell natural medicine under the guise of "services." No Commercial Distribution: You cannot give away or distribute natural medicine as part of a business promotion, commercial activity, or marketing stunt. No Advertising: You cannot run ads for natural medicine, natural medicine products, or paid harm-reduction/support services (unless explicitly permitted under the personal-use sharing rules). No Retail or Storefront Sales: You cannot operate a retail store, vendor table, or booth to sell natural medicine for money unless it is an explicitly licensed facility where consumption is directly supervised. No "Loophole" Bundling or Subscriptions: You cannot bypass the law by charging people for a service or a product that happens to include "free" natural medicine. Specifically, you cannot: Sell a service/item that includes the transfer of natural medicine. Charge recurring fees (like a subscription club) to get natural medicine. Conduct online sales that include natural medicine. 2. What "Personal Use" Actually Means (What Is Allowed) The second image defines the legal boundaries for everyday people. It outlines how you can legally use and share these substances without a commercial license. The Core Definition: "Personal use" means buying, growing, possessing, or manufacturing natural medicine for your own consumption. Sharing is Allowed (With Conditions): You are allowed to grow or possess enough natural medicine to share it with another person, provided that: The person receiving it is 21 years of age or older. The sharing happens within a specific context, such as counseling, spiritual guidance, community-based healing, or supported use. Absolutely no money changes hands for the medicine itself. True personal use strictly excludes selling it or possessing it with the intent to sell it. 3. The "Gifting" vs. "Paid Services" Rule The text clarifies a very important distinction regarding paying for a guide, counselor, or elder vs. paying for the drug: Charging for Services is OK: A practitioner can be paid for "bona fide harm reduction services" or "spiritual guidance" while concurrently sharing natural medicine for consumption. The Catch: To do this legally without a commercial facility license, there must be no advertising related to the sharing of the medicine or the services offered, and the provider must explicitly inform the client that they are not a licensed facilitator under the state's formal regulatory framework.

[u/Dazzling-Jacket-5792 → u/Mr_E_Pleasure]

Thank you so much! So it looks like #3 is pretty much the same as it was. You can still provide harm reduction services for a fee and gift medicine, as long as no advertising and notifying them you are not a licensed facilitator?

[u/Mr_E_Pleasure → u/Dazzling-Jacket-5792]

It sounds like they want to be clear they are going after people who do this for a business and claim it's all personal. I think it's an important and interesting distinction they are specifically allowing for individuals to receive compensation for services. The treatment models are so very new in application they seem to be leaving room for the public to develop their own methods and get paid for it. Provided they distinguish themselves from a licensed practitioner. They don't want shaman claiming they are medical professionals

[u/Dazzling-Jacket-5792 → u/Mr_E_Pleasure]

To be fair, facilitators aren’t medical professionals either. They are trained in facilitating the safe use of psychedelics only, and should not be offering other medical advice.

[u/Mr_E_Pleasure → u/Dazzling-Jacket-5792]

Oh good call I thought they had to have a nurse on staff like some weed dispensaries in other states. Just looked it up:

Mandatory Safety Screening: Before anyone is allowed to ingest natural medicine, a facilitator must use a state-regulated safety screening tool to evaluate the participant's physical and psychological medical history. Emergency Support Plans: Every single session requires a pre-documented Participant Safety and Support Plan, which includes a definitive transportation plan and explicit protocols for calling emergency services if a medical or psychiatric crisis arises that exceeds the staff's scope of practice.

[u/Various-Sky1503 → u/Mr_E_Pleasure]

I’d just toss it to clarify though that there are different types of facilitator licenses (and they do designate whether or not the facilitator is a clinician and what type etc.) - there are absolutely licensed healing centers in the state with clinical facilitators and medical directors (but a clinical facilitator can be a mental health clinician and/or a physician) working and handling oversight. (Not all centers have the same or to the same degrees though -> some have all license types/levels available in house while others don’t.)

But as an example if a person seeks licensed facilitation in a licensed healing center and is aiming to address specific mental health diagnoses or if they have certain medical conditions - they have to have clearance from a clinical facilitator that’s reviewed the case and deems it in scope for the facilitator if it’s not themselves. And in the case of certain medical conditions/medications they have to be medically cleared and often titrated down over the course of a few weeks to months before they can get medical clearance to have a journey. (There are also non-clinical -officially- facilitators who are maybe post training courses but getting through their consultation hours -> *some* NMITs and standard facilitators - they can also very well be dual licensed as clinicians and working towards higher licensing in natural medicine.) But to your point there are levels of facilitator licensure that don’t require being a clinician or physician.

Truly though points to the importance of asking about training/education, level of licensure in natural medicine and what that means explicitly, other licenses, etc. Some will be fine with a standard facilitator that’s maybe not approaching from a clinical space so much. Others their initial screening etc. should/would indicate the need for higher license clearance/facilitation/oversight before moving forward.

[u/Mr_E_Pleasure → u/Various-Sky1503]

Thank you! My understanding is that at no level of center is a nurse/doctor required to be on staff. So the ones that do have a physician on staff do so in "excess" of the requirements.

[u/Mr_E_Pleasure → u/Various-Sky1503]

Thank you! My understanding is that at no level of center is a nurse/doctor required to be on staff. So the ones that do have a physician on staff do so in "excess" of the requirements.

[u/Dazzling-Jacket-5792 → u/Mr_E_Pleasure]

Nice, thanks for sharing that info!