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Federal Court Sides With Safe Drug Consumption Site, Saying Religious Protections Apply
A federal appeals court last week sided with a nonprofit attempting to open a supervised drug consumption facility in Philadelphia, reversing a lower court decision and ruling that religious freedom and free exercise protections are applicable to nearly any group claiming a religious motivation for its actions.
In an opinion from a three-judge panel of the U.S. Court of Appeals for the Third Circuit, the court remanded the case, Safehouse v. Department of Justice, back to district court in the Eastern District of Pennsylvania to determine whether the group “has plausibly pleaded” its case under the Religious Freedom Restoration Act (RFRA) and the First Amendment.
An earlier district court ruling in the case rejected Safehouse’s claim that the group was protected under RFRA, siding with Department of Justice (DOJ) lawyers who’d argued that the group’s views on harm reduction were “socio-political,” not religious. Safehouse appealed that ruling last September.
The new Third Circuit opinion, published on Thursday, says the lower court ruling was a “reversible error.”
“RFRA’s plain text and Free Exercise doctrine are clear that those statutory and constitutional protections extend to non-natural persons, including so-called non-religious entities,” the ruling says, citing past court decisions in favor of the evangelical-owned arts-and-crafts store Hobby Lobby as well as a Colorado baker who refused on religious grounds to make a wedding cake for a same-sex couple.
For those and other reasons, the court said, “we will reverse the District Court’s order that Safehouse is not protected by RFRA and the Free Exercise Clause as a non-religious entity and remand for it to consider whether Safehouse has plausibly pleaded RFRA and Free Exercise counterclaims.”
In a statement sent to supporters, Safehouse leaders said they “are gratified that the Third Circuit acknowledges that Safehouse is entitled to the full protection of the Religious Freedom Restoration Act and the First Amendment.
“Today’s decision is an important milestone not only for Safehouse, but for all community-based organizations that save lives by evidence-based, compassionate harm-reduction strategies,” the group said. “The Court’s opinion recognizes what we have always believed: The law safeguards our mission to preserve human life in an unprecedented overdose crisis.”
The appeals ruling does not itself allow Safehouse to open its supervised consumption facility in Philadelphia, though it allows the group to continue its challenge against the federal government’s assertion that the prospective site would violate federal law.
In August 2023, when the case was still in district court, 35 Christian and Jewish faith leaders from 19 states submitted an amicus brief in which they supported the nonprofit’s establishment of overdose prevention site under RFRA, saying that Safehouse’s board members’ mission to reduce harm aligns with sincerely held religious beliefs.
DOJ had argued, meanwhile, that “maintaining a place where Safehouse would invite drug users to consume illegal drugs would violate 21 U.S.C. § 856(a)(2).”
That law, in relevant part, makes it illegal to “manage or control any place…and knowingly or intentionally…make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.”
DOJ has previously argued that the religious exemption does not apply because Safehouse itself is not a bona fide religious organization. But the religious leaders asserted that the group’s board members are nevertheless motivated by a faith-based understanding of their obligation to prevent unnecessary drug overdose deaths.
As to whether RFRA would allow an exemption to Controlled Substances Act (CSA) itself, the federal drug law does say that “any person may apply for an exception to the application of any provision of this chapter,” but DOJ lawyers have argued that the provision allows only “an exception to particular CSA regulations,” not an exemption from the statute itself.
Safehouse first announced plans to open a Philadelphia safe consumption site in 2018, during the first Trump administration. DOJ sued to block the facility, arguing that it would violate federal drug laws. The district court in that matter sided with Safehouse, but the ruling was later overturned by the Third Circuit.
The case continued under the Biden administration, with DOJ officials continuing to push back against the site. The Supreme Court rejected a request to hear a case on the legality of the Safehouse facilities in October 2021.
While the Philadelphia facility was being held up in the litigation, New York City opened the first locally sanctioned harm reduction centers in the U.S. in November 2021, and officials reported positive results saving lives.
A 2022 study published by the American Medical Association (AMA) found that the New York City facilities decreased the risk of overdose, steered people away from using drugs in public and provided other ancillary health services to people who use illicit substances.
Separate research published AMA the following year found that New York City’s first drug overdose prevention centers (OPCs) did not lead to increased crime despite a significant decrease in arrests.
Rhode Island, while Minnesota and Vermont have also authorized overdose prevention centers (OPCs) at the state level.
Earlier this year, however, the Minnesota plans were put on pause, with state officials citing concerns about federal law.
Last October, a group of doctors argued that overdose prevention centers—where people can more safely use illegal drugs in a medically supervised environment and are typically connected to a host of other services—“represent a wise, cost-effective, and necessary use” of state opioid settlement funds.
The centers can “save lives, improve public health and advance racial equity,” said the paper from the advocacy group Doctors for Drug Policy Reform (D4DPR), adding that the sites have been operating in Europe for almost four decades and have existed in North America since 2003.
“These sites have reduced overdose morbidity and mortality, improved injection safety, and increased access to addiction treatment without raising crime rates,” the group said, adding: “For many individuals who use drugs, these centers are often the only places where they are treated with dignity and respect.”
The National Institutes of Health (NIH) put out a pair of requests for applications in December 2021 to investigate how safe consumption sites and other harm reduction policies could help address the drug crisis.
In August 2023, a U.S. congresswoman from New Jersey was among a number of speakers who called for support and expansion of OPCs at a Drug Policy Alliance event held ahead of International Overdose Awareness Day.
Rep. Bonnie Watson Coleman (D-NJ), who in 2021 sponsored a bill to federally decriminalize all drugs, said during Monday’s webinar that OPCs are an “important part” of a “necessary shift” away from punitive drug policies and toward a more health-centered approach.
National Institute on Drug Abuse (NIDA) Director Nora Volkow in 2022 also tacitly endorsed the idea of authorizing safe consumption sites, arguing that evidence has effectively demonstrated that the facilities can prevent overdose deaths.
Volkow declined to say specifically what she believes should happen with the ongoing lawsuit, but she said safe consumption sites that have been the subject of research “have shown that it has saved a significant [percentage of] patients from overdosing.”
Read the full Third Circuit ruling in Safehouse v. DOJ below:
Photo courtesy of Flickr/Marco Verch.
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MScannaBIZ for all you Mississippi Cannabis News and Information.
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Texans Deserve Choice, Not a Monopoly: Texas Hemp Business Council Urges Lawmakers to Defeat SB 5
[PRESS RELEASE] – AUSTIN, Texas, July 28, 2025 – The Texas Hemp Business Council (THBC) issued the following statement:
“As S.B. 5 heads to the Senate floor during the special session of the 89th Texas Legislature, Lieutenant Governor Dan Patrick and Senators Charles Perry and Roland Gutierrez are actively looking to gift-wrap the entire cannabis market to a few select state-licensed [medical] marijuana companies, one of which already controls over 75% of the market.
“Their claim that the restrictive Texas Compassionate Use Program (TCUP) can replace hemp-derived cannabinoids is misleading and dangerous.
“TCUP currently serves just over 100,000 patients and requires registration, physician prescriptions, higher prices and fewer options. While H.B. 46 was an attempt to improve the program, it does little to expand real access to a restrictive and expensive TCUP program that serves an entirely different purpose than hemp.
“Meanwhile, hemp is legal and regulated under federal and state law and serves millions of adult consumers and veterans who rely on affordable, accessible alternatives for wellness, pain relief and more.
“S.B. 5 would destroy a $10 billion industry that supports over 53,000 jobs and eliminate economic opportunity for thousands of small business owners across the state. All being done under the false flag of ‘safety,’ while the real goal is market control by a politically connected few. This isn’t about protecting public health; it’s about protecting a monopoly.
“Governor Abbott’s veto message was clear: Regulate hemp responsibly; don’t ban it. Texans deserve choice, not coercion. S.B. 5 is prohibition disguised as policy, and lawmakers should reject it. Public opinion, economic data and common sense all point in the same direction: This is a manufactured crisis driven by special interests, not public demand.
“At a time when Texas faces real and pressing challenges like strengthening flood warning systems, redistricting and providing meaningful property tax relief, some Senate leaders are spending this special session pushing a hemp ban Texans clearly don’t want. It’s a clear example of misplaced priorities and misguided policies.
“That’s why THBC and the vast majority of Texans strongly support a common-sense alternative that includes 21-plus age limits, child-resistant packaging and setbacks from schools. It’s the right path forward for public safety, economic freedom and the future of hemp in Texas.”
Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
“We are encouraged by the growing body of rigorous research exploring the use of psychedelics, including psilocybin in treating treatment-resistant types of mental illness.”
By Jack Gorsline, HorizonMass
Massachusetts psychedelic policy advocates recently marked a significant milestone at a July 15 legislative hearing, which featured testimony on four of the 12 psychedelics-related bills filed this year on Beacon Hill. The hearing was highlighted by a historic, first-ever endorsement of psychedelic decriminalization-specific legislation anywhere by a professional psychiatric society: The Massachusetts Psychiatric Society (MPS).
Among the bills addressed at the hearing of the Joint Committee on the Judiciary was H.1726, sponsored by state Rep. Homar Gómez (D), which seeks to decriminalize the possession of psilocybin.
Another proposal, H.1624 from state Rep. Mike Connolly (D), proposes a psychedelics task force to consider equity in psychedelic access.
H.1858, from state Rep. Marc Lombardo (R), aims to reduce legal penalties for psilocybin possession by imposing a $100 fine for quantities under one gram, effectively decriminalizing small amounts.
And S.1113, sponsored by state Sen. Cindy Friedman (D), directs the Department of Public Health (DPH) to create a trial program for medically supervised psilocybin therapy, specifically excluding ownership by “cannabis industry organizations, psychedelic molecule development companies or pharmaceutical companies.”
Massachusetts Psychiatric Society supports psychedelics measures
The endorsement from the Massachusetts Psychiatric Society, a professional organization representing approximately 1,400 psychiatrists across the state, was a notable development.
Dr. Jhilam Biswas, speaking on behalf of the MPS, stated, “I’m here today to express the society’s support for H.1624, H.1726, H.1858 and S.1113, bills that allow for the dismissal of complaints for the simple possession of psilocybin, provided that if the individual meets clear safety-based criteria, which is being over the age of 21, not operating a vehicle and not endangering of children.”
Dr. Biswas clarified that the society’s support was not a “blanket endorsement of recreational psychedelic use,” noting its opposition to last November’s Ballot Question 4, which members believed was “too far reaching and lacked necessary safeguards.” She emphasized, “While we know there is promising research happening in psychedelic medicines in the field of psychiatry and medicine, broad and premature access to many different substances without caution is not only dangerous, but does impact the research community.”
In contrast, Dr. Biswas described the current bills as a “more balanced and responsible approach,” applying “narrowly to define situations to adults over 21 who are not driving and not endangering children, and whose action caused no harm to others.” She added, “It gives courts more discretion and it maintains important public safety protections while avoiding any unnecessary criminal penalties.”
The MPS also acknowledged the amount of research into psychedelics for mental illness treatment.
“Moreover, we are encouraged by the growing body of rigorous research exploring the use of psychedelics, including psilocybin in treating treatment-resistant types of mental illness,” Dr. Biswas said. “Institutions like our local EMC hospitals and research centers in Massachusetts are leading these studies with promising early outcomes.” She concluded by urging legislators to view these bills “not just at, this as criminal justice reform, but as a public health opportunity.”
According to the organization Mass Healing, the MPS’s endorsement of these three psilocybin decriminalization proposals marks the first time any branch of the American Psychiatric Association (APA) has endorsed psychedelics legislation of any kind.
Curiously, the MPS’s recent endorsement contrasts with testimony provided at a previous psychedelics bill hearing last month. Outgoing MPS President Dr. Nassir Ghaemi opposed H.2506, which sought to decriminalize possession of up to 50 grams of dried psilocybin mushrooms, stating he was speaking “on his own behalf, as well as that of the society.”
Plant medicine advocates testify on Beacon Hill
Former Yes on 4 campaign staffer Graham Moore also spoke in favor of the bills, acknowledging that the previous measure “went too far for the people of Massachusetts right now.” The advocate championed the current proposals as “much more narrowly tailored,” and emphasized that “people don’t want lives ruined over simple possession, but people also do not want unlimited green light to everybody’s all sorts of psychedelics.”
Moore also refuted claims of increased public health problems in areas that have decriminalized psilocybin, citing Cambridge, Massachusetts, and Colorado as well as the Netherlands, where legal psilocybin availability has not led to widespread abuse due to its non-addictive nature.
Timothy Morris is a Billerica resident who, along with fellow advocate and Mass resident Henry Morgan, submitted H.1726 to state Rep. Gómez. At the hearing, he expressed his gratitude for the process: “I’m thankful that we’re able to get the ball rolling so soon after question 4, as well as for Dr. Biswas’s supporting testimony.”
Morris added, “The fact that Institutions—such as the Massachusetts Psychiatric Society—are beginning to support the decriminalization movement, marks the start of a powerful paradigm shift for related public policy.”
This article is syndicated by the MassWire news service of the Boston Institute for Nonprofit Journalism. If you want to see more reporting like this, make a contribution at givetobinj.org.
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Politics makes strange bedfellows and add in cannabis and you got some interesting news
In a dramatic turn this week, a GOP Senator rides to the rescue of hemp. While as a party they haven’t lined up support cannabis and hemp, GOP Senator Rand Paul (R‑KY) successfully blocked a proposed federal ban on hemp-derived THC products had been inserted into a critical spending bill on agriculture and related funding. The provision sought to redefine hemp by capping total THC—including delta‑8, delta‑10, and THCA—rather than just delta‑9 THC, effectively outlawing most edible hemp products
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Paul argued the language would “destroy hemp farmers in my state” and devastate an emerging national industry, threatening thousands of jobs and billions in revenue. Kentucky, once a leading tobacco-growing state, has become a national leader in hemp production—generating tens of millions annually in cultivation, processing, and manufacturing jobs. His intervention represents a major victory for hemp advocates.
The hemp-derived THC market in the U.S.—centered on delta‑8, delta‑10, and similar compounds—jumped nearly 1,283% from 2020 to 2023, rising from $200.5 million to approximately $2.8 billion. Meanwhile, the broader U.S. legal cannabis (marijuana) industry reached roughly $38.5 billion in 2024, expected to climb to over $44 billion in 2025.
Globally, the industrial hemp market—including fiber, seeds, food and wellness applications—is estimated at $6.6 billion in 2024, and projected to hit $25–26 billion by 2034. North America is a hub for both cannabis and hemp, with legal cannabis valued at $26.6 billion in 2024 and forecast to grow over 10‑fold to $285 billion by 2034.
Industry stakeholders emphasize hemp’s unique position: it’s federally legal under the 2018 Farm Bill, so long as delta‑9 THC remains under 0.3%. Federal safety net distinguishes hemp‑THC products from marijuana, which remains federally illicit despite many states permitting recreational or medical use. Hemp has become increasingly popular, in Texas, Bayou City Hemp Company, the parent of Bayou Beverage, has taken hemp‑derived THC drinks mainstream.
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Senator Paul’s move reflects the intersection of politics, agriculture, and emerging consumer markets. As lawmakers weigh the future of hemp‑THC regulation, the broader cannabis industry—and its relationship with alcohol and public policy—continues its rapid evolution.
Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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