An Update on California’s Psychedelic Decriminalization Efforts
By Lauren Mendelsohn and Omar Figueroa
July 20, 2021
There are at least two efforts underway in California to decriminalize psilocybin, the active compound in “magic mushrooms,” and at least one to decriminalize various other psychedelic substances. This post will provide a quick update as to the current status of these efforts, which follow a wave of reform in this arena as governments around the world refocus their drug policy approaches away from incarceration and stigma and towards rehabilitation and research.
Senate Bill 519
As we’ve discussed in previous blog posts here and here, California state Senator Scott Wiener introduced Senate Bill 519 (SB 519) earlier this year which would allow adults to possess and consume certain psychedelic drugs including LSD, psilocybin, psilocyn, DMT, Ibogaine, mescaline, MDMA. You can read the latest analysis of the bill here (dated 07/09/21).
Originally, ketamine was also included in this list, but it was recently removed following commentary from a lawmaker about the potential of ketamine to be used as a “date rape” drug. Other recent amendments have led to personal possession limits being added, swapping the “social sharing” language for “facilitated or supported use” which implies ceremonial or group settings, and requirement for an additional report from the new working group that would be created.
Additionally, SB 519 also originally included expungement provisions that would allow someone with a past conviction for a psychedelics-related-activity which is no longer prohibited, or has been reduced in severity, to petition the court for relief. Those provisions were removed by Senator Wiener who reportedly believed he needed to do so to help the bill pass due to the costs associated with record clearance. It’s possible that expungement provisions related to psychedelics will be included in a separate bill, but this has not been done yet.
Decriminalize California Initiative
An organization called Decriminalize California has drafted an initiative that would allow adults to cultivate, possess, distribute, transport, and consume psychedelic mushrooms within the state of California. The organization is currently gathering signatures to qualify the California Psilocybin Initiative 2022 for the November 2022 ballot. Our founder and principal attorney Omar Figueroa serves as pro bono legal counsel to the Decriminalize California organization, and is honored to help with this righteous effort.
This is a developing story; stay tuned for further updates.
This information is provided as a public educational service and is not intended as legal advice. For specific questions regarding psychedelics, cannabis or hemp laws in California, please contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation.