The California Senate has approved legislation to legalize the possession and use of certain psychedelic substances.
Sen. Scott Wiener’s (D) legislation was approved on the Senate floor on Wednesday, May 24th, by a vote of 21-16 and now heads to the Assembly for consideration.
The bill, a more narrowly tailored version of a bill Wiener led last session that passed the Senate but was later abandoned in the Assembly after members significantly watered it down, has advanced through an accelerated process that allowed it to bypass some committee consideration this year. It was approved by the Appropriations Committee earlier this month without a hearing and by the Public Safety Committee in March.
SB 58 would make “possession, preparation, obtaining, transfer, as specified, or transportation of” specific amounts of psilocybin, psilocyn, DMT, ibogaine, and mescaline for personal or facilitated use legal. Unlike the previous version of Wiener’s legislation, “synthetic” psychedelics such as LSD and MDMA would not be legalized.
Aside from legalizing personal possession, the bill would also specifically provide for “group counseling and community-based healing” involving entheogenic substances.
“This is a tremendously hopeful step for veterans and all those who wish to benefit from psychedelics to heal from PTSD, anxiety, and depression, or simply to improve their well-being,” Wiener stated in a press release issued on Wednesday. “In the previous legislative session, we came dangerously close to decriminalizing these promising treatments, and after extensive consultation with stakeholders, we made changes to limit our proposal to naturally occurring substances and retain quantity limits to ensure that these five naturally occurring substances are for personal use only.”
“We should not criminalize people for using these non-addictive substances for personal reasons.” “I look forward to working with my colleagues in the Assembly to alleviate so many people’s suffering,” he said.
In addition, the bill would repeal a state law that prohibits “any spores or mycelium capable of producing mushrooms or other material containing psilocybin or psilocyn.” The legislation would also repeal the state ban on drug paraphernalia for the covered substances.
The previous version of the bill
The previous version of Wiener’s bill had to go before two policy committees—Public Safety and Health—and the Appropriations Committee last session, whereas this year’s measure only needed to be heard in the former, emphasizing its accelerated path to the floor this time.
At least two significant changes have been made to the bill since it was introduced in the previous session.
For starters, it excludes synthetic psychedelics such as LSD and MDMA from the list of substances that would be legalized, instead focusing on those derived from plants or fungi.
When the bill’s previous version was in jeopardy near the end of the 2022 session, Wiener attempted to salvage it by removing synthetics to shift law enforcement organizations from opposition to neutral on the bill. Advocates opposed this move, and did not result in a viable proposal.
Peyote is also excluded from the bill’s list of legalized substances, addressing concerns raised by some advocates and indigenous groups about the risks of over-harvesting the vulnerable cacti that have been ceremonially used.
The bill’s second major change from last year’s version is that it no longer includes a provision requiring a study to investigate future reforms. The senator claimed that the study language was unnecessary given the volume of research that has already been done and is still being done.
The bill’s “allowable amount” section specifies the following psychedelic possession limits:
- 2 grams DMT
- 15 grams of ibogaine
- Psilocybin—2 grams (or up to 4 ounces) of “a plant or fungi containing psilocybin”
- Psilocyn—up to 4 ounces of “a plant or fungi containing psilocyn.”
When the previous version was being debated in the legislature, it was gutted in a key Assembly committee only to require the study, eliminating the legalization provisions. Wiener responded by postponing the legislation until 2023.
Meanwhile, Assemblymember Marie Waldron (R) introduced a bill in February to legalize psychedelic-assisted therapy for military veterans.
It would specifically allow licensed clinical counselors to administer controlled substances to veterans to treat post-traumatic stress disorder (PTSD), traumatic brain injury, or addiction, including but not limited to psilocybin, MDMA, LSD, ketamine, and ibogaine.
People receiving the treatment would have to go through a minimum of 30 sessions, each lasting at least 12 hours and involving at least two counselors.
Advocates are optimistic about Wiener’s psychedelics legalization bill passing this time. Not only have California lawmakers had more time to consider the proposal since its initial introduction, but there is significantly more momentum behind psychedelics reform this session as lawmakers across the country work to address the issue.
