California Gov. Gavin Newsom, a Democrat, has signed a law that allows doctors to prescribe certain drugs currently illegal like MDMA and psilocybin if the federal government reschedules them. He also approved separate legislation amending THC variance test requirements for marijuana.
On Saturday, the governor approved these measures, which are only two of over a dozen reform proposals for cannabis and drug policies on his desk.
AB 1021 is sponsored by Assemblymembers Buffy Wicks, Isaac Bryan, and Corey Jackson. states, that if federal authorities reschedule any Schedule I drugs under the Controlled Substances Act, California health professionals are automatically able to prescribe and dispense them.
The FDA has designated psilocybin and MDMA as breakthrough therapies and they are expected to be approved as medical treatments as soon as next year.
A peer-reviewed article published last month in Nature, following a Phase 3 clinical study, found that therapy with MDMA reduced symptoms among patients with moderate to serious PTSD. Federal regulators may consider approving MDMA for wider use by next year.
Newsom has expressed mixed feelings about the legislation, arguing that while he understands psychedelics have “profound” therapeutic potential, his perspective on drug policy reform has changed with fatherhood. While he has expressed mixed feelings, he maintains that while he is aware of the “profound” therapeutic benefits for psychedelics, his view on drug policy reforms has changed with fatherhood.
The bill that Newsom has signed is AB 623, by Assemblymember Phillip Chen, (R), and it affects THC testing rules for marijuana products.
According to an analysis of the bill, current law prohibits edible cannabis products containing more than 10 mg THC per serving plus or minus 10%. This is done to allow for the natural variation within products.
“Products exceeding the variance allowed must be destroyed.” It states that the author and sponsor believe edible cannabis products with low THC potency or THC failed a test, and must be thrown away because of the variance allowed for products of lower potency. The bill states that “[the Department of Cannabis Control] is responsible for determining what the appropriate testing variations should be for products with lower levels of THC than the current statute of 10 milligrams in order to ensure testing standards are accurate, consistent and appropriate for smaller dosage sizes.”
Newsom also has a number of cannabis-related proposals that the legislature sent to him, but are still awaiting action.
These include measures to prohibit employers from asking about marijuana use; to legalize cannabis “cafés” to promote environmentally sustainable track and trace plant tagging to allow patients 65 years and older who have chronic diseases to use cannabis at health care facilities, and to add restrictions on cannabis packaging and labeling. This includes measures to a href=”https://www.marijuanamoment.net/california-bill-to-legalize…cafes” rel=”noopener” target=”_blank”>legalize cannabis “cafes,”/a> a href=”https://www.marijuanamoment.net/california’s bill to legalize marijuana cafes is officially going
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Newsom has signed three bills related to drug policy so far in this session. He’s not yet vetoed any. It’s unclear how Newsom will handle these other proposals, particularly when it comes down to the more ambitious ones like marijuana employment rules and psychedelics. Newsom surprised some harm reduction advocates last session when he vetoed Wiener’s bill that would have set up an overdose prevention program pilot in the state.
Newsom’s recent legislation includes a measure that grants immunity to those who have small amounts of controlled substances for personal use, provided they test them for adulterants like fentanyl, report any positive results to the law enforcement, and provide details about how they acquired the substance. A second bill signed empowers the State Water Board (SWB) to investigate suspected illicit cannabis growers and take part in enforcement efforts. Thirdly, a new measure has been passed that alters the background check requirements of cannabis businesses.
A number of cannabis and psychedelics bills that were introduced earlier this session, including proposals concerning marijuana advertising, psychedelics-assisted therapy, cannabis delivery service rules and the state industrial hemp program did not advance by legislative deadlines, though some crossed over to the opposite chamber before being being held in committee.
Separately California Attorney General Rob Bonta announced in August a new program aimed at curbing the illicit market. He also argued the high tax rates for cannabis in California are partly responsible for the illegal sales continuing.
Documents obtained by Marijuana Moment reveal that Bonta’s office has been soliciting input from local governments and cannabis industry groups in order to reach a final opinion on potential legal risks associated with allowing interstate marijuana commerce while federal prohibition continues.
A lawyer is suing the federal government for a copy of the Biden Administration’s Marijuana Rescheduling letter
Image courtesy of Workman.
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