The second California Assembly Committee has approved the Senate-passed Bill to legalize possession and facilitate use of certain psychoactives. This brings the bill one step closer to being brought to the floor.
The Assembly Health Committee approved the legislation of Sen. Scott Wiener, a Democrat. It passed 9-2 on Tuesday. The bill was approved on Tuesday by the Public Safety Committee, and two months later passed the Senate. The measure will now be sent to the Appropriations committee before it could move to the floor.
Before the vote, Wiener informed panel members that research shows these substances have many benefits for those with mental health or addiction issues. This research began in the 1960s, but was unfortunately completely stopped by the War on Drugs. In the last decade the research has restarted and is very promising.
The Assembly Health Committee passed our bill (SB58) to decriminalize the possession and use of plant/mushroom based psychedelics on a bipartisan basis.
Please thank your colleagues
Senator Scott Wiener July 12th, 2023
The vote on Tuesday is a positive development for the advocates. Wiener had said last month that the bill would face a “challenging path” to passage due to its referral by the Health Committee where approval chances were less certain.
The previous committee had amended the measure to delay the implementation of legalization for facilitated, community use of psychedelics until “a framework is developed and approved that includes community-based healing and facilitated and supported uses, risk reduction and other services related.”
The Health Committee adopted an additional amendment Tuesday, which requires that the California Health and Human Services Agency create a working group tasked with examining and making recommendations to legislators about establishing a framework for therapeutic use of psychoedelics in facilited settings.
The report and recommendations of the workgroup must be submitted by January 1, 2025.
The bill is a narrower version of the measure the senator 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. Notably, “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. Originally, the bill included “group counselling” but an amendment by the author adopted in June eliminated all references to counseling. 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 provides for the following limits on psychedelic possession:
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.”
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was gutted by a major Assembly committee when the previous version was being debated in the last legislative session. The study was only required, and the legalization provisions were eliminated. Wiener responded to this by shelving the bill and putting it off until 2023.
When asked whether he expected that Gov. Gavin Newsom, the Democratic Governor of California, has not expressed any opinion on the issue.
Meanwhile, a separate bill from Assemblymember Marie Waldron (R) was introduced in February to legalize psychedelics-assisted therapy for military veterans.
Specifically, it would allow licensed clinical counselors to administer controlled substances–including but not limited to psilocybin, MDMA, LSD, ketamine and ibogaine–to veterans for the treatment of post-traumatic stress disorder (PTSD), traumatic brain injury or addiction.
The treatment will require a minimum 30 sessions, each lasting 12 hours. At least two counselors must be present at each session.
Advocates are optimistic that Wiener’s bill to legalize psychedelics will be passed this time around. California legislators have had more time since the original proposal to review it, and there is a lot more momentum for psychedelics legislation this session.
The governor of Nevada, for example, signed a bill this month that created a working group to study and develop a plan for regulated access to psychedelics.
Last month, the governor of Minnesota approved a bill with similar provisions that would establish a task force to study psychedelics and prepare Minnesota for possible legalization.
Colorado Gov. Jared Polis, a Democrat, signed a law last month that created a regulatory framework for legalized psychedelics as part of a voter-approved measure. Last week, he also discussed his desire for the legislature to authorize him to pardon psychedelic-related convictions.
A North Carolina House Committee approved a bill last month to create a grant program of $5 million to support research on the potential therapeutic benefits of psilocybin, and to create a Breakthrough Therapies Research Advisory Board.
The governor also signed a bill in Washington State to encourage research into psilocybin, and to create a program that would provide access to psychedelics for mental health treatments.
In California, an Assembly Committee approved a Senate passed bill that legalized marijuana cafes. This allows dispensaries to serve non-cannabis foods and drinks if local approval is received. This measure is similar to a separate proposal approved on the Assembly floor last month.
Last week, the state marijuana regulators announced that they had allocated $4.1 million to local cannabis licensing programs to help address the unmet demand of consumers and to curb the illicit market.
Last month, the California Governor’s Office of Business and Economic Development announced separately that more than $50,000,000 in grants funded by marijuana taxes had been awarded to California communities.
DCC also awarded nearly $20,000,000 in research grants funded by marijuana taxes to 16 academic institutions for the study of cannabis, including novel cannabinoids such as delta-8 THC, and genetics of “legacy strains” from the state.
California has also taken steps to extend its marijuana market outside of the state’s boundaries. Regulators recently requested a formal opinion by the state attorney general’s office about whether allowing marijuana commerce between states would place the state at a “significant risk” for federal enforcement actions.
The governor’s signed law last year gave him the authority to sign agreements with other states that allow marijuana imports and exports.
The Berkeley City Council is set to vote Tuesday evening on a local proposition decriminalizing certain psychedelics.
Massachusetts Marijuana sales hit a new record high of $152 million in June, with the state nearing $5 billion in recreational purchases since market launch
Photo elements are courtesy carlosemmaskype, and Apollo.
The article Another California Assembly committee approves Senate-passed Psychedelics legalization bill first appeared on Marijuana Moment.
