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Bipartisan California lawmakers file bill to legalize psychedelic services, with hopes of finding common ground with Governor

February 6, 2024 by Kyle Jaeger

California legislators from both parties have introduced a bill that would legalize psychedelic services centers, where adults over 21 could get psilocybin and other psychedelics in a controlled environment, with facilitators who are trained.

On Tuesday, Sen. Scott Wiener and Assemblymember Marie Waldron filed the “Regulated Therapeutic Access to Psychedelics Act”. The bill was written to address concerns raised by Governor Newsom. Gavin Newsom, a Democratic Party leader from California, vetoed last year a proposal which included provisions for legalizing low-level possession of substances like psilocybin.

The new bill, which is now being announced, would allow regulated access to psychoactives in a facilited setting without removing criminal sanctions for possession outside that context. The bill does not specify any qualifying medical conditions a person needs to have in order for them to be able access these services.

The measure was rejected by the governor last year, despite the fact that he had championed the legalization of marijuana while he served as lieutenant governor. The senator said that Newsom’s veto message, which he and Waldron adhere to, recommended a more moderate path to reform.

“I won’t disclose the exact conversation with the administration. What I’ll say is that, shortly after the presidential veto was issued, we went to the Administration to thank them for laying out a way forward. We intend to follow that path, he said to Marijuana Moment at a Monday press conference. We have updated the administration. We’ll continue to do so.”

He said, “I’m not going to speak for the Administration in terms of what they will ultimately want to see in this bill.” “We are looking forward to the back-and forth over the next 6 months as we progress through the legislative sessions.”

Waldron, meanwhile, is sponsoring another psychedelics-related bill that focuses on research and creates a framework to allow for regulated therapeutic access. This bill has passed through the Assembly with unanimous support this year.

Waldron said that it was important to gather all the information that could help us move forward as we work on the bill we are currently working on. She added that the Senate is not expected to consider the incremental legislation until April or May, and that “it may or might not be necessary” to have this bill depending on the way the legislature approaches her broader proposal that she spearheads with Wiener.

Waldron acknowledged there were questions regarding the bipartisanship of the bill. She also said that it was unclear how the psychedelics reform legislation could unite both sides. She said that this issue was already bipartisan on the federal level, and that it “should be” so.

She said, “It’s a problem that’s so large that we need everyone to be at the table to find solutions. I think we should get the education, the background and the information to help advance this kind of therapy.”

This is what the bill SB 10012 would achieve:

Adults aged 21 or older can access psilocybin (excluding peyote), psilocyn (excluding DMT), mescaline, and MDMA in licensed facilities. Facilitators are trained to administer these substances.

The California Department of Consumer Affairs would establish a board of professionals that would require facilitators to receive training and obtain licenses.

The Business, Consumer Services, and Housing Agency, with members appointed by Governor, would oversee the board.

Psychedelics would require that regulators develop rules for licensing producers and laboratories testing facilities.

The bill does not limit psychedelics to those with certain medical conditions.

Individuals who are interested in participating in psychedelic services will need to undergo a health and security screening.

Facilitators will be required to schedule follow-up meetings with participants, provide integration services and report adverse effects.

The law would create a fund consisting of both public and private funds that would be responsible for educating the public about safe use of psychedelics.

The sale of psychedelics outside licensed service centers would remain illegal, and the commercial component of the law would not apply.

The regulators would also have to ensure that the psychedelic products are affordable and available to those with low incomes.

The bill states that California’s current mental health approach has not lived up to its promises. The bill states that Californians deserve better tools to deal with mental health issues. This includes approaches like regulated psychedelic assisted therapy which are based on treatment, recovery and health rather than criminalization and stigma.

It continues, “A growing body of evidence supports the efficacy and safety of regulated psychedelics combined with therapy for treating depression, anxiety disorders, substance abuse disorders, end-of life distress, other conditions and overall wellness.” California

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Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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