California Assembly Committee has approved the Senate’s bill that legalizes possession and facilitates use of some psychedelics.
The Assembly Public Safety Committee approved the legislation of Sen. Scott Wiener, (D), on Tuesday, 4-1, with some amendments. This was about a month following its approval by the Senate. The bill now goes to the Assembly Health Committee, before it could be moved to the floor.
In his opening remarks, Wiener stated that “these substances have a significant healing potential and growing research shows this potential.” Had the drug war not begun in the 1960s and 1970s, we probably would have been in a much more advanced state in terms of psychedelics. But the war against drugs, which criminalized possession and use, among other things shut down everything and we lost forty or fifty years as a consequence. We’re working to undo some of the damage.”
He said, “Let’s not arrest people for having and using drugs.” Then we can start building from there.
Last week, Wiener stated that the referral of his measure to Health Committee meant the proposal was facing a “challenging path” towards passage. The bill was approved by the Public Safety Committee in the last session, but Senator Wiener is less confident about the chances of passage this time.
Wiener stated that “it’s not guaranteed” to pass in the Assembly. “But we will do our best to make it happen.”
The committee amended the bill to delay the implementation of legalization of facilitated psychedelic use until a regulatory framework is developed. Wiener stated that he would work with the Health Committee “to flesh out requirements” for this activity.
The bill was lightly amended by the Assembly just a few days before the meeting. It is a narrower version of the measure the senator spearheaded last session. This measure passed the Senate, but was abandoned in the Assembly when members watered down the text significantly.
SB 58 legalizes the possession, preparation, obtaining or transfer of specified amounts of psilocybin or psilocyn for personal use or facilited use. Unlike the previous version, the law would not legalize “synthetic psychedelics” like LSD or MDMA.
The bill will not only legalize personal possession, but also “community-based” healing involving entheogenic drugs. It included “group counselling” before, but an amendment by the author that was passed last week removed any 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 compared to 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 reforms 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 the Bill prescribes these psychedelics possess limits:
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 removed from the original version when it was being debated in the Assembly. The study was the only requirement, 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’s (D) support for the bill this session is unclear, Wiener said to Marijuana Moment in the past week. The governor “is not expressing an opinion pro or contra.”
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 psychedelics plan.
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 psychedelics 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 recently awarded nearly 20 million dollars 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 the genetics “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 empowering him to sign agreements with other states that allow the importation and exportation of marijuana products.
Photo elements are courtesy carlosemmaskype, and Apollo.
The article California Assembly Committee approves Senate-passed Psychedelics Bill first appeared on Marijuana Moment.
