On Thursday, the California Senate passed Senate Bill 58 (the “Bill”) which would decriminalize possession and personal use of psilocybin, psilocin, mescaline, and dimethyltryptamine (“DMT”).[1] If passed, those age 21 and older would be allowed to use and/or possess a up to one gram of DMT, one gram of psilocybin or one ounce of a plant or fungi containing psilocybin, and one gram of psilocyn or one ounce of a plant or fungi containing psilocyn.[2] However, the Bill does not legalize the sale of these compounds. As the Bill is written, the transfer of these compounds between two people 21 or older, is not decriminalized. The transfer of these compounds between two people who are both 21 or older, without financial gain, will be decriminalized upon the legislature’s adoption of a framework governing therapeutic use.[3]
The Bill aims to provide an alternative treatment for those struggling with mental health issues such as PTSD, and follows similar legislation already passed in Oregon, Colorado, Portugal, the Czech Republic, and Spain.[4] The Bill would require the California Health and Human Services Agency to study the therapeutic uses of these substances and report its findings to the state’s legislature.[5] The Bill is another key step towards broad recognition of psychedelic compounds as viable treatments for those struggling with mental health.
The Bill is now on Governor Gavin Newsom’s desk. Governor Newson has until October 14 to approve or veto the Bill.
[1] https://www.msn.com/en-us/news/other/california-moves-to-decriminalize-use-of-magic-mushrooms-and-other-natural-psychedelics/ar-AA1gpcUp
[2] https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB58
[3] Id. at Section 3(f).
[4] Id.
[5] https://www.msn.com/en-us/news/other/california-moves-to-decriminalize-use-of-magic-mushrooms-and-other-natural-psychedelics/ar-AA1gpcUp
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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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California Senate Passes Bill to Decriminalize Psilocybin and Psilocin – JD Supra
