California lawmakers sent a number of marijuana and psychedelics legislation to the Governor as the session ended last week. The question now is whether he will sign, veto, or allow the bills to go into effect without his signature.
Governor Gavin Newsom has received more than a dozen reforms to drug policy. Gavin Newsom, a Democrat, has been receiving more than a dozen drug policy reform measures in the last few weeks. The governor has been a long-time advocate of marijuana legalization, and has taken steps to help the industry. However, his current position is unclear.
Advocates are particularly interested in a proposal that would legalize possession and cultivation for adults over 21 of small amounts of some psychedelics, and also take steps to develop a model for accessing them for therapeutic and facilitated uses.
Newsom has been very clear about his stance on legalizing cannabis, but he has remained silent on the issue of psychedelics. Marijuana Moment reported earlier this month that Newsom’s decision will be based on “the merits” of the bill.
The legislature also sent him a number of other proposals, including measures to prohibit employers from asking about marijuana use; to legalize cannabis “cafés” to promote environmentally sustainable track and trace plant tagging; and to allow patients with chronic illnesses 65 years and older to use marijuana in health care facilities.
The governor will have until the 14th of October to decide on how to deal with each bill.
This is a summary of the drug reform bills currently before the Governor:
SB 58–Sen. Scott Wiener (D ): This bill would allow adults over 21 to possess and cultivate small amounts of DMT, mescaline and psilocybin. The bill would also create a California Health and Human Services Agency work group to study and provide recommendations on the establishment of a regulatory framework for accessing the substances to facilitate and therapeutic use.
SB 700–Sen. Steven Bradford (D ): This legislation would prevent employers from asking about previous marijuana use. It would also build on the existing employment protections that were enacted during last session, which barred employers from penalizing workers who used cannabis according to state law while off the job.
Assemblymember Matt Haney’s (D): The measure would allow marijuana cafes to serve non-cannabis foods and beverages in their locations if local approval is received. The bill would also explicitly allow “live musical or any other performances to be held on the premises or microbusinesses licensed under this division, in areas where cannabis consumption is permitted and tickets for these performances to be sold.”
Ben Allen (D) and Juan Alanis (R): Ben Allen (D), and Juan Alanis, (R ): This bill would change the way marijuana plants are tracked. Supporters say that it will promote sustainability by eliminating single-use plastic tags. The bill does not provide examples of alternative identifiers to those currently used to track marijuana plant. However, its supporters claim that regulators will have the discretion to implement environmentally sound policies like digital tags.
SB 302–Sens. Henry Stern (D), Carlos Villapudua(D), Marie Waldron(R) and Scott Wiener, (D ): This bill would allow people 65 years and older with serious chronic illnesses to use medical marijuana in health facilities including “home healthcare agencies. Only terminally ill people are currently allowed to use medical cannabis.
AB 1021–Assemblymembers Buffy Wicks (D), Isaac Bryan (D) and Corey Jackson (D): This proposal says that, if the federal government reschedules any Schedule I drug, California health professionals will automatically be able to legally prescribe and dispense it. This is especially true for the psychedelics MDMA and psilocybin, which are considered breakthrough therapies by the Food and Drug Administration. They could be approved as medical treatments as soon as next year.
AB 1171–Assemblymembers Blanca Rubio (D) and Matt Haney (D): The measure would give marijuana business licensees the right to pursue legal action against unlicensed cannabis businesses in state superior court if they can prove damages resulting from the operation. The primary enforcement agents against the illegal market are currently regulators and the law enforcement. This measure would allow private licensees to seek independent intervention.
AB 1207–Assemblymembers Jacqui Irwin (D), Josh Lowenthal (D) and Kevin McCarty (D): The legislation would codify a new definition for marijuana product packaging that is considered “attractive to children” and therefore prohibited. The legislation would prohibit the use of “cartoons or toys,” “any real or imaginary humans,” “any fictional animal or creature,” and “fruits or veggies, except for when they are used to accurately describe the ingredients or flavors in a product.”
SB 753 — Sens. Anna Caballero, Megan Dahle, Brian Dahle, Melissa Hurtado, and Henry Stern (D ): The legislation makes it a crime for adults to plant, cultivate or harvest more than six cannabis in a manner that causes “substantial harm” to surface or underground water, whether they do so intentionally or with “gross negligence.”
Assemblymember Phillip Chen (R),: Existing California law mandates THC variance tests for cannabis edibles that contain at least 10 mg THC per serving. Products with 10 percent more THC or 10 percent less than 10 mg THC must be destroyed. This standard will result in even low THC products, such as cannabis drinks with 5mg of THC, failing the variance test. Therefore, this bill would require that regulators develop “appropriate” testing variances for low-THC product.
AB 1126–Assemblymembers Tom Lackey (R) and Cecilia Aguiar-Curry (D): The legislation would prohibit the unauthorized use of a universal cannabis symbol for commercial purposes and authorize the California Department of Tax and Fee Administration (CDTFA) to seize products that feature the symbol without authorization as contraband.
Assemblymember Greg Wallis’ (R): Under this bill a portion civil penalties collected after enforcement actions against unlicensed marijuana business would be transferred to the local treasurers of jurisdictions who brought the enforcement action against illegal operators.
Assemblymember Brian Maienschein’s (D): The administrative fines and sanctions that local officials may impose on unlicensed cannabis growers could be extended to include unlicensed marijuana producers, processors, retailers, and distributors.
SB 51 — Sens. Steven Bradford (D strong> and Michael Gipson, (D strong>) The legislation allows people who are eligible as social equity applicants to continue applying for and renewing provisional retailer licences until January 2031. The regulators stopped accepting provisional licensing for all types of businesses this summer. However, because the challenges with obtaining a retail license are still present, this measure proposes an extension to only apply to equity applicants.
SB 833–Sen. Mike McGuire (D ): This measure would allow regulators to DCC to approve cannabis cultivators’ requests to change their license types to a smaller category, or to inactive status. At the moment, cannabis licensees cannot change their license type without having to go through the DCC’s license application process. But a variety of situations–including market volatility, drought, oversupply and more–could cause a cultivator to want a smaller license or become temporarily inactive.
SB 540–Sen. John Laird, (D ): This measure would require that the Department of Cannabis Control of the state work with the Department of Public Health to create “a brochure with information about the steps for safer use of marijuana” which would be given to customers who visit a dispensary the first time. The measure would also require that the DCC review labeling and packaging rules by July 1, 2020, and then every five years afterward.
Assemblymember Blanca Rubio’s (D): This bill would add representatives of both the Civil Rights Department of Florida and Department of Industrial Relations of Florida to an existing marijuana taskforce that facilitates communication between local and state cannabis regulators.
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So far, the governor has signed three bills related to drug policy and has not vetoed any. It’s unclear how he 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 measures that grant immunity to those who have small amounts of controlled substances for personal use, provided they test them for adulterants like fentanyl, and report any positive results to law enforcement, as well as providing information on where the drugs were obtained. A signed law allows the State Water Board (SWD) to investigate suspected illicit cannabis growers and take part in enforcement efforts. Third measure changes background check requirements for cannabis business.
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 last month 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 continued illegal sales.
Documents obtained by Marijuana Moment reveal that Bonta’s office has been seeking input from local governments and cannabis industry groups in order to draft an opinion regarding the legal risks associated with allowing interstate marijuana commerce while federal prohibition continues.
New federal data shows record number of banks working with marijuana businesses as Senate schedules vote on reform bill
Image element provided by Kristie Gianpulos.
The article California Governor to Decide on 17 Marijuana and Psychedelics bills by October 14 first appeared on Marijuana Moment.
