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A DMT vape pen patent. On February 1, the U.S. Patent and Trademark Office published a new patent, submitted by Gregory Ellis of Portland, OR, for a DMT vape pen. According to the patent document, Ellis filed a provisional application for this device back in July 2020, and it was granted this week.

In a Twitter thread, psychedelics patent expert Graham Pechenik asked what many in the psychedelics world are wondering: did the designs for a DMT vape pen already exist out in the world before Ellis filed his provisional application? In reply to Pechenik’s thread, some say they’ve made their own DMT vape pens; VICE even reported on the phenomenon back in 2018. This patent seems ripe to be petitioned for a post-grant review — but it’s unclear who might step up in the next nine months to do the substantial research and paperwork necessary to file such a request.

Regulatory drama in Colorado and Maine. The number of states making moves towards new psychedelic legislation just keeps growing. (Over the last two weeks, we’ve covered psychedelic bills in Washington, as well as Utah and Virginia.) In Colorado, activists have been working on two ballot initiatives that would legalize “certain plants or fungi that affect a person’s mental health and are controlled substances under state law,” and establish a regulatory body for cultivating and selling those plants and fungi. However, some activists are concerned that those ballot initiatives give too much power to regulators, and last Friday, a different group of activists put forth a ballot proposal which would decriminalize the use, cultivation, and sale of psilocybin, psilocin, ibogaine, mescaline, and DMT by anyone over 21. Before activists can begin collecting signatures in favor of adding a new initiative to the ballot, state officials must review the proposals; a session for that review is scheduled for next week.

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In Maine, a bill that lays out the regulatory framework for making psilocybin therapy available in the state is up for discussion. On Wednesday, the Portland Press Herald reported that the Maine Center for Disease Control and Prevention director has concerns about the bill, saying more researchers should be consulted and that the treatment centers described in the bill “function more like recreational use facilities rather than medical treatment facilities.” According to the Press Herald, the state’s Health and Human Services Committee, which would determine next steps for the bill, is set to meet next week.