The sponsor of a California Senate bill that would legalize possession of certain psychedelics, and facilitate use of these substances, said Wednesday it faces a “challenging path” to passage in the Assembly.
Scott Wiener, a Democratic Senator from California, said at a virtual conference hosted by the Psychedelic Entheogen Academic council (PEAC) that the reform legislation had passed through his chamber but “it is not guaranteed” to pass in the Assembly.
He said, “We’ll do our best to make it happen.”
Wiener explained that part of the problem is the fact that the measure was referred to another Assembly policy committee, before potentially moving to Appropriations, and then to the floor. The measure may pass the Public Safety Committee on June 27 but it’s fate in the Health Committee is less certain, said Wiener.
Wiener responded to a Marijuana Moment question by saying that the secondary referral “shouldn’t have happened” as it was done for “no reason at all.” The measure simply removed criminal penalties related possession and use psychedelics such as psilocybin and ayahuasca that aren’t derived form peyote.
“That’s a hard committee for us.” “I cannot guarantee we will be able get a majority in this committee,” he said referring to health panel. “We barely made it by the skins of our teeth last time, and this year the committee may be a bit less favorable.”
It has been advanced through an accelerated process, which allows it to bypass some committee consideration . The bill was approved by the Senate Appropriations Committee without a hearing in early April.
The senator stated that “it is very uncertain” what will happen in the Assembly during this session. “We will do our best to make progress.”
When asked if he expected that Gov. Gavin Newsom’s (D) support for the bill is unclear, Wiener said to Marijuana Moment. The governor “is not expressing an opinion pro or contra.”
Newsom vetoed a bill by Wiener during the last session, which would have created in California a pilot program for safe drug consumption sites. This was a blow to harm reduction advocates.
The sponsor said that he has been working to increase support for this bill, but he is hearing opposition from those who are either opposed to the decriminalization idea or represent certain districts where it would be a “tough political vote.”
He said that people have a number of reasons for expressing their concerns. “I have also had colleagues who have listened to my concerns and met with veterans and experts, and have really thought it through, and have ultimately supported the bill. It’s been a hard pill to swallow.
He expressed doubts that the current political climate would allow for a broader decriminalization of drugs beyond psychedelics, even though he supports the policy. He said, “I don’t see an appetite in the legislature for that.”
The senator replied to another participant at the Wednesday’s event, hosted the Psychedelic and Entheogen Academic Council. He was asked what he would do if again the Assembly undercut the bill. Wiener stated that he would not give up on the policy reform, and he would continue to fight for it.
SB 58 legalizes the possession, preparation, obtaining or transfer of specified amounts of psilocybin or psilocyn for personal use or facilited use. It is worth noting that “synthetic psychedelics” like LSD and MDMA will not be legalized. This is in contrast to the provisions of Wiener’s previous legislation.
The bill will not only legalize personal possession, but also “group counseling” and “community-based healing”, involving entheogenic drugs.
The legislation would also eliminate the state’s ban on drugs paraphernalia containing the substances covered.
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 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 psychedelic possession 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 gutted by a major 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.
The governor of Nevada, for example, signed a bill on Monday creating a new 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 to create a regulatory structure for legal psychedelics in accordance with a voter-approved measure.
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 of Washington State signed a bill to encourage research into psilocybin, and to create a pilot program to provide therapeutic access for mental health treatments to the psychedelic.
The Assembly in California recently passed a bill that legalized marijuana cafes. This allows dispensaries to sell non-cannabis foods and drinks if local approval is received.
The Senate also approved a Bill prohibiting employers from asking about previous marijuana use. The bill would expand employment protections passed last session, which prohibit employers from penalizing workers who use cannabis according to state law while off the clock.
California officials announced last month that they had awarded more than 50 million dollars in marijuana taxes-funded grants to community reinvestment.
DCC also recently awarded nearly 20 million dollars in 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.
Federal Agency Supports Research on Impacts of Psychedelics Decriminalization and Legalization in States and Cities
Image courtesy of Workman.
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