New Bill Introduced to Regulate Psychedelic-Assisted Therapy in California
February 21, 2024
By Lauren Mendelsohn
Psychedelics and psychedelic-assisted therapy have shown promising results in treating PTSD, depression, and various other conditions. Because of this, over the past few years, a number of jurisdictions across the country have taken steps to deprioritize enforcement of criminal laws prohibiting psychedelics. However, even though some cities and counties have adopted resolutions on this topic, the substances themselves remain illegal under Federal law as well as at the State level in California. That being said, some movement may be on the horizon in the Golden State.
Earlier this month, Senator Scott Wiener (D – San Francisco) and Senator Marie Waldron (R – Valley Center) introduced a bipartisan bill, Senate Bill 1012 (“SB-1012”), to legalize and regulate the therapeutic and spiritual use of certain psychedelics by adults in limited situations. The bill contains two separate but related Acts: the Regulated Psychedelic-Assisted Therapy Act and the Regulated Psychedelic Substances Control Act.
SB-1012’s protections would be limited to what are defined in the bill as “regulated psychedelic substances,” including dimethyltryptamine (DMT); mescaline; 3,4-methylenedioxymethamphetamine (MDMA); psilocybin (found in “magic mushrooms”); psilocin (found in “magic mushrooms”); and spores or mycelium capable of producing mushrooms that contain psilocybin or psilocin. Only regulated therapeutic use of such substances, and not personal or commercial use, would be protected against criminal penalties.
SB-1012 builds on what was adopted by the State legislature last year in Senate Bill 58 (“SB-58”), which was also introduced by Senator Wiener. We previously discussed SB-58 here, here and here. That bill was much narrower, and only addressed criminal penalties for personal use and possession of mescaline, DMT, psilocybin and psilocyn. Despite having broad support in the State Senate and Assembly, SB-58 was vetoed by Governor Gavin Newsom. In his October 2023 veto statement, Governor Newsom said:
“…California should immediately begin work to set up regulated treatment
guidelines – replete with dosing information, therapeutic guidelines, rules to
prevent against exploitation during guided treatments, and medical clearance
of no underlying psychoses. Unfortunately, this bill [SB-58] would decriminalize
possession prior to these guidelines going into place, and I cannot sign it.
I urge the legislature to send me legislation next year that includes therapeutic
guidelines. I am, additionally, committed to working with the legislature and
sponsors of this bill to craft legislation that would authorize permissible uses and
consider a framework for potential broader decriminalization in the future, once
the impacts, dosing, best practice, and safety guardrails are thoroughly
contemplated and put in place…”
SB-1012 addresses the concerns raised by Governor Newsom by creating a regulatory structure for therapeutic use of the enumerated psychedelics and by imposing requirements for facilitator training and licensing.
For example, Senate Bill 1012 would create a new Board of Regulated Psychedelic Facilitators within the Department of Consumer Affairs to license and regulate psychedelic-assisted therapy practitioners. The bill would also create a new Division of Regulated Psychedelic Substances Control within the Business, Consumer Services, and Housing Agency which would be tasked with regulating the cultivation, processing, manufacturing, testing, storage, distribution, quality control, and sale of regulated psychedelic substances to be used in regulated therapeutic settings.
Additionally, as mentioned above, the use of any of these regulated psychedelic substances would have to occur in a controlled setting under the supervision of a trained, licensed therapist. SB-1012 also contains provisions related to best practices for public health and safety, receipt of input from advisory boards and committees, and grant funding for related public education and harm reduction efforts.
We will be keeping a close eye on Senate Bill 1012 as it moves through the legislature – stay tuned to our blog for updates.
Please note that this is just an overview; contact our office if you would like more information.
This information is provided as a public educational service and is not intended to, nor should be construed as, legal advice. For specific legal questions regarding psychedelics, please contact the Law Offices of Omar Figueroa at info@omarfigueroa.com or 707-829-0215 to schedule a confidential consultation.