California’s bill that would legalize possession of some psychedelics, and facilitate their use, is headed to the Senate floor in an accelerated procedure. This allows it to bypass further committee review.
The sponsor of the legislation, Sen. Scott Wiener(D), told Marijuana Moment that the Appropriations committee cleared it without a hearing because the chairman invoked the rule to send it up to the floor due to its negligible financial impact.
The measure was approved by the Public Safety Committee back in March. It is a narrower version of the bill Wiener sponsored last session. That bill was passed in the Senate, but abandoned in the Assembly because it was watered down considerably.
SB 58 legalizes the possession, preparation, obtaining or transfer of specified amounts of psilocybin or psilocyn as well as DMT, Ibogaine or mescaline, for personal use or facilited use. Contrary to the provisions in the previous version, “synthetic psychedelics” like LSD and MDMA will not be legalized.
The bill will not only legalize personal possession, but also “group counseling” and “community-based healing”, involving entheogenic drugs.
This legislation would also repeal the state law that prohibits “any spores, mycelium or other material capable of producing mushrooms” or containing psilocybin and psilocyn. The ban on drug paraphernalia relating to the substances covered would be also eliminated.
The prior version of Wiener’s bill had to pass the Appropriations committee last session and also be considered by two policy panels, Public Safety and Health, whereas the current measure only needs to be heard before the first panel. This highlights its accelerated path to the floor.
This bill 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 legal 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 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 cut down in a crucial Assembly committee when the previous version was being pushed through the legislature. The study was the only requirement, and the legalization provisions were eliminated. Wiener responded to this by shelving the bill and holding it until 2023.
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 pass this time. California legislators have had more time since the original proposal to consider it, and there is a lot more momentum for psychedelics legislation this session.
Last week, for example, the Colorado House of Representatives passed a bill that was approved by the Senate to establish a regulatory framework under an initiative backed by voters for legal psychedelics .
The Minnesota House passed an omnibus bill on health that includes provisions for the creation of a psychedelics Task Force to prepare Minnesota for possible legalization.
A bipartisan group and a Republican North Carolina legislator filed 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.
After receiving final approval from the Senate, a Washington State bill that promotes research into psilocybin as well as creates a pilot program for therapeutic access to psychedelics in mental health treatment will be sent to the Governor’s desk.
Last month, a Nevada Senate Committee approved a revised version of a bill that would establish a new group to study psychedelics as well as develop a plan for regulating access to psychedelics for therapeutic purposes.
Last month, the Hawaii Senate passed a bill to create a council that would examine possible regulations to allow access to federal “breakthrough therapy” such as psilocybin or MDMA.
Based on statistical modelling of policy trends, an analysis published last year in the American Medical Association journal concluded that most states will legalize psychedelics before 2037.
A national survey published last month revealed that a majority of U.S. citizens support the legalization of psychedelic therapy, and are in favor decriminalizing substances such as psilocybin or MDMA.
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