The Assembly has approved a bill passed by the California Senate to legalize possession and facilitate use of certain psychedelics. However, the bill was amended in several ways.
The Assembly Appropriations Committee approved a separate Senate passed measure Friday, which would prevent employers from asking applicants about previous marijuana use. The panel adopted technical changes, so the Senate will have to approve it before the measure can be brought to the floor.
The psychedelics bill from Sen. Scott Wiener, (D), advanced through the panel, after members adopted several changes. According to the brief description of the chairman, “the changes would strike provisions regarding the transfer of substance, modify the provisions decriminalizing the therapeutic use, and make other amendments in order to delay the criminalization of personal usage, as well as reduce the personal possession amount, among other things.”
Wiener had previously expressed concerns about the measure’s progress in the Assembly describing it as a “challenging path” at one point. But he told Marijuana Moment Thursday, in advance of hearing, that he, and his supporters, were “hoping” for a successful outcome. And the committee did deliver on this hope.
The bill will need to be sent back to the Senate to get approval on any changes made by the Senate before it can reach the Governor’s desk.
The legislation was amended by a previous Assembly committee to delay the implementation of legalized facilitated communal use of psychedelics until “a framework for therapeutic use is developed, which includes community-based healing and facilitated and supported usage, risk reduction and other services related.”
The final stages of our bill (SB58) to decriminalize the personal use and possession of plant-based psychedelics & mushrooms are nearing completion.
This retired narcotics officers explains that we need to pass the bill and stop criminalizing these substances. They are not addictive & they can make people healthier. pic.twitter.com/NYMSuHDKlr
Senator Scott Wiener 1 September 2023 HTML0
The California Health and Human Services Agency was required to form a working group to study and make recommendations to the California Legislature about the establishment of a regulatory frame work for therapeutic use of psychoedelics within facilitated settings. The workgroup must submit a report that includes findings and recommendations to the legislature by January 1, 2020.
The bill is a narrower version of a measure Wiener spearheaded last session. It passed the Senate, but was abandoned by the Assembly when members watered down the measure significantly.
SB 58 legalizes the possession, preparation, obtaining or transfer of specified amounts of psilocybin or psilocyn for personal use or facilited use. It is worth noting that “synthetic psychedelics” like LSD and MDMA will not be legalized. This is in contrast to the previous version Wiener’s law.
The bill will not only legalize personal possession, but also “community-based” healing involving entheogenic drugs. It included “group counselling” before, but a June author’s amendement removed all references to it. The legislation was also cleaned up with a number of technical amendments.
The legislation would also eliminate the state’s ban on drugs paraphernalia containing the substances covered.
This proposal has at least two major changes from the last session’s measure.
It excludes synthetic psychedelics such as LSD and MDMA and only focuses on those that come from plants and fungi.
Wiener tried to reach a compromise to save the previous version of the law near the end 2022 session by removing the synthetics to try to change the opposition of law enforcement to neutrality on the bill. Advocates opposed the move and it ultimately failed to produce a viable proposal.
The bill also excludes peyote from its list of legalized substances, in response to the concerns expressed by advocates and indigenous groups regarding the dangers of over-harvesting cacti which have been used ceremonially.
The second major change from the version of last year is that it no longer contains a clause mandating a future reform study. The senator said the study language wasn’t necessary given the volume of research already done and that is still being conducted.
The “allowable amounts” section of bill sets the following limits on psychedelics:
DMT–2 Grams
Ibogaine–15 grams
Psilocybin – 2 grams or 4 ounces or “a plant or mushroom containing psilocybin”.
Psilocyn – 2 grams or 4 ounces or “a plant or mushroom containing psilocyn.”
When asked whether he expected that Gov. Gavin Newsom, a Democrat, has said that he will support the bill this session if the Assembly passes it and it reaches his desk. Wiener told Marijuana Moment back in June: “It’s unclear” to me because the governor “is not expressing an opinion pro or contra.”
The Appropriations committee also approved on Friday a bill passed by the Senate that was intended to strengthen protections for employees who use cannabis outside of work. The committee adopted the technical amendments from Sen. Steven Bradford, (D), but it will now be sent back to the Senate to get their approval.
The bill would expand current employment protections that were enacted during the last session, which prohibit employers from penalizing workers who use cannabis as per state law while off the job.
The bill text states that it is illegal for an employer or recruiter to ask an applicant about their prior cannabis use.
The law that was enacted in the last year states that employers are prohibited from discriminating against an employee when it comes to hiring, terminating, or imposing any condition or term of employment or penalizing them if they do so because that person used marijuana off duty or a drug test revealed cannabinoid-metabolites.
Workers “in the construction and building trades” and those who require federal background checks or security clearances are exempt from the policy.
The Appropriations Committee reviewed a number other cannabis bills, including those that deal with environmental regulations and local equity licensing. They also discussed water resources, health warnings, and water resources.
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In California, the state Attorney General Rob Bonta announced this week a new program aimed at curbing the illicit market. He also claimed that the high cannabis tax rates in the state are partly responsible for the illegal sales continuing.
Documents obtained by Marijuana Moment reveal that Bonta’s office has been seeking input from local governments and cannabis industry groups in order to draft an opinion regarding the legal risks associated with allowing interstate marijuana commerce while federal prohibition continues.
Bipartisan Lawmakers Claim Credit For Biden Administration’s Marijuana Rescheduling Recommendation
Image courtesy of Workman.
The article California Senate Passed Psychedelics and Marijuana Legalization Bills Head to Assembly Floor with New Amendments first appeared on Marijuana Moment.
