SENATE RULES COMMITTEE
Office of Senate Floor Analyses
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SB 58
THIRD READING
Bill No: SB 58
Author: Wiener (D), et al.
Amended: 3/1/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 3-1, 3/21/23
AYES: Bradford, Skinner, Wiener
NOES: Wahab
NO VOTE RECORDED: Ochoa Bogh
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Controlled substances: decriminalization of certain hallucinogenic substances
SOURCE: Heroic Hearts Project
DIGEST: This bill makes lawful the possession, preparation, obtaining, transfer, as specified, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for personal use or facilitated or supported use, as defined, by and with persons 21 years of age or older.
ANALYSIS:
Existing law:
1) Classifies controlled substances into five schedules according to their danger and potential for abuse. Schedule I controlled substances have the greatest restrictions and penalties, including prohibiting the prescribing of a Schedule I controlled substance. (Health & Saf. Code, §§ 11054-11058.)
2) Classifies several hallucinogenic substances including DMT, ibogaine, mescaline, psilocybin, and psilocyn as Schedule I substances. (Health & Saf.
Code, § 11054, subd. (d).)
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3) Prohibits the possession of several specified controlled substances. (Health & Saf. Code, § 11350, subd. (a).)
4) Makes it unlawful for a person to transport, import, sell, furnish, administer, or give away, or offer or attempt to transport, import, sell, furnish, administer, or give away specified controlled substances. (Health & Saf. Code, § 11352.)
5) Makes it is unlawful to possess any device, instrument, or paraphernalia used for unlawfully injecting or smoking specified controlled substances, except as specified. (Health & Saf. Code, § 11364, subd. (a).)
6) Makes it unlawful for any person to deliver, furnish, or transfer, possess with intent to deliver, furnish, or transfer, or manufacture with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. (Health & Saf. § 11364.7.)
7) Provides that it is unlawful to visit or to be in any room or place where specified controlled substances are being unlawfully smoked or used with knowledge that such activity is occurring. (Health & Saf. Code, § 11365, subd. (a).)
8) Provides that the possession of methamphetamine and other specified controlled substances is unlawful. (Health & Saf. Code, § 11377, subd. (a).)
9) Makes it unlawful for a person to transport, import into this state, sell, furnish, administer, or give away, or offer to transport, import into this state, sell, furnish, administer, or give away, or attempt to import into this state or transport specified controlled substances. (Health & Saf. Code, § 11379.)
10) Makes it unlawful for a person to agree, consent, or in any manner offer to unlawfully sell, furnish, transport, administer, or give specified controlled substances. (Health & Saf. Code, § 11382.)
11) Provides that it is unlawful to be under the influence of specified controlled substances. (Health & Saf. Code, § 11550, subd. (a).)
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12) Makes it unlawful for a person who, with the intent to produce psilocybin or psilocyn, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance. (Health & Saf.
Code, § 11390.)
13) Makes it unlawful to transport, import into this state, sell, furnish, gives away, or offer to transport, import into this state, sell, furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn. (Health & Saf. Code, § 11391.)
14) Includes several legislative findings and declarations related to drug and alcohol education. Provides that any material, curricula, teachings, or promotion of responsible use of alcohol or drugs, if the use is unlawful, is inconsistent with the law. Provides that the “no unlawful use” message applies to all drug and alcohol programs, and that these materials are to teach and promote that any unlawful use of drugs and alcohol is illegal and dangerous. (Health & Saf.
Code, § 11999.)
This bill:
1) Removes or excludes mescaline, DMT, ibogaine, psilocybin, and psilocin from several of the above listed offenses.
2) Defines mescaline as derived from plants presently classified botanically in the Echinopsis or Trichocereus genus of cacti, including, without limitation, the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus, but not including mescaline derived from any plant defined as peyote.
3) Provides that all of the following is lawful for a natural person 21 years of age or older and is not a violation of state or local law:
a) The possession, preparation, obtaining, or transportation of mescaline for personal use or for facilitated or supported use.
b) The ingesting of mescaline.
c) The possession, planting, cultivating, harvesting, or processing of plants capable of producing mescaline, except as specified, on property owned or controlled by a person, for personal use or facilitated or supported use by that person, and possession of any product produced by those plants. d) The assisting of another person, 21 years of age or older, with any of the above acts.
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4) Provides that possession of mescaline by a person 21 years of age or older on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is a misdemeanor.
5) Provides that the punishment for a person who knowingly gives away or administers mescaline to a person who is under 18 years of age in violation of law is imprisonment in a county jail for a period of not more than six months or by a fine of not more than $500, or both, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
6) Provides that the punishment for a person 18 years of age or over who knowingly gives away or administers mescaline to a minor under 14 years of age in violation of law is imprisonment in the state prison for a period of 3, 5, or 7 years.
7) Provides that a person who knowingly gives away or administers mescaline to a person who is at least 18 years of age, but under 21 years of age is guilty of an infraction.
8) Provides that possession of mescaline by a person under 18 years of age is punishable as an infraction. Requires the minor to either: (1) complete four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days, commencing when the drug education or counseling services are made available to them for a first offense; or (2) complete six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days, commencing when the drug education or counseling services are made available to them for a second or subsequent offense.
9) Provides that possession of mescaline by a person at least 18 years of age but less than 21 years of age is punishable as an infraction.
10) Provides that mescaline or related products involved in any way with conduct deemed lawful are not contraband nor subject to seizure. Prohibits lawful conduct from constituting the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.
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11) Defines the following terms:
a) “Allowable amount” means four grams per person or, in the context of facilitated or supported use involving multiple persons, the aggregate of allowable amounts per participant. Specifies “allowable amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or any ingredient or material combined with the substance specified in this subdivision to prepare a topical or oral administration, food, drink, or other product, including, but not limited to, a brew or tea.
b) “Facilitated or supported use” means the supervised or assisted personal use of mescaline by an individual or group of persons 21 years of age or older, or the assisting or supervising of such persons in such use, within the context of counseling, spiritual guidance, community-based healing, or related services.
c) “Financial gain” means the receipt of money or other valuable consideration in exchange for the item being transferred. Specifies “financial gain” does not include reasonable fees for counseling, spiritual guidance, or related services that are provided in conjunction with facilitated or supported use of mescaline under the guidance and supervision, and on the premises, of the person providing those services.
d) “Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.
e) “Preparation” means processing or otherwise preparing for use.
12) Provides that the transfer of mescaline without financial gain, between persons 21 years of age and older, and in the context of facilitated or supported use, is not be a violation of Health and Safety Code section 11352 or any other state or local law.
13) Provides that all of the following is lawful for a natural person 21 years of age or older and is not a violation of state or local law:
a) The possession, preparation, obtaining, or transportation of DMT, ibogaine, psilocybin, and psilocyn for personal use or for facilitated or supported use. b) The ingesting of DMT, ibogaine, psilocybin, and psilocyn. c) The possession, planting, cultivating, harvesting, or processing of plants capable of producing DMT, ibogaine, psilocybin, or psilocyn, on property owned or controlled by a person, for personal use or for facilitated or SB 58
supported use by that person, and possession of any product produced by those plants including spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn for that purpose. d) The assisting of another person, 21 years of age or older, with any of the above acts.
14) Includes all of the same criminal penalties with respect to DMT, ibogaine, psilocybin, and psilocyn as apply to mescaline under the provisions of this bill.
Specifically:
a) Possession of one of these substances on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is a misdemeanor.
b) Knowingly giving away or administering one of these substances to a person under 18 is a wobbler.
c) Knowingly giving away or administering one of these substances to a person under 14 is a felony with a punishment of 3, 5, or 7 years in state prison. d) Knowingly giving away or administering one of these substances to a person at least 18 years old but under 21 is an infraction.
e) Possession of one of these substances by a person under 18 years of age is an infraction.
f) Possession of one of these substances by a person at least 18 years of age but under 21 is an infraction.
15) Provides that the above controlled substances or related products involved in any way with conduct deemed lawful are not contraband nor subject to seizure.
Prohibits lawful conduct from constituting the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.
16) Includes the following definitions:
a) “Allowable amount” means the following quantities of a substance per person or, in the context of facilitated or supported use involving multiple persons, the aggregate of allowable amounts per participant. Specifies that “allowable amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or any ingredient or material combined with the substance specified in this subdivision to prepare a topical or oral SB 58
administration, food, drink, or other product, including, but not limited to, a brew or tea:
i) Two grams of dimethyltryptamine, otherwise known as DMT. ii) Fifteen grams of ibogaine.
iii) Two grams of psilocybin or four ounces of a plant or fungi containing psilocybin.
iv) Two grams of psilocyn or four ounces of a plant or fungi containing psilocyn.
b) “Facilitated or supported use” means the supervised or assisted personal use of a substance described in this section by an individual or group of persons 21 years of age or older, or the assisting or supervising of such persons in such use, within the context of counseling, spiritual guidance, community- based healing, or related services.
c) “Financial gain” means the receipt of money or other valuable consideration in exchange for the item being transferred. Specifies that “financial gain” does not include reasonable fees for counseling, spiritual guidance, or related services that are provided in conjunction with facilitated or supported use of a controlled substance described in this section under the guidance and supervision, and on the premises, of the person providing those services. d) “Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.
e) “Preparation” means processing or otherwise preparing for use.
17) Provides that the transfer of DMT, ibogaine, psilocybin, and psilocyn without financial gain, between persons 21 years of age and older, and in the context of facilitated or supported use, is not be a violation of Health and Safety Code section 11352 or any other state or local law.
18) Repeals the provision of law that includes legislative findings and declarations related to drug and alcohol education.
19) Repeals the provision of law that makes it unlawful for a person who, with the intent to produce psilocybin or psilocyn, cultivates any spores or mycelium capable of producing mushrooms or other material which contains such a controlled substance.
20) Repeals the provision of law that makes it unlawful to transport, import into this state, sell, furnish, gives away, or offer to transport, import into this state, sell, SB 58
furnish, or give away any spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn.
21) Contains uncodified legislative findings and declarations. Contains a severability provision. Contains technical and conforming changes.
Background
Hallucinogens are a diverse group of drugs that alter a person’s perception or awareness of their surroundings. Some hallucinogens are found in plants and fungi, and some are synthetically produced. Hallucinogens can be consumed in a variety of ways, including swallowed as tablets, pills, or liquid, consumed raw or dried, snorted, injected, inhaled, vaporized, smoked, or absorbed through the lining of the mouth using drug-soaked pieces of paper. Common hallucinogens include LSD, DMT, psilocybin, peyote, and mescaline.
Many hallucinogenic substances, including DMT, mescaline, ibogaine, psilocybin, and psilocyn are classified as Schedule I substances under the state’s Uniform Controlled Substances Act. Schedule I substances are defined as those controlled substances having no medical utility and that have a high potential for abuse. There is research, however, that indicates that many of these substances have therapeutic benefits. (See Davis et. al, Effects of Psilocybin-Assisted Therapy on Major Depressive Disorder, JAMA Psychiatry (2020) available at <https://jamanetwork.com/journals/jamapsychiatry/fullarticle/2772630 ; D’Souza et al., Exploratory Study of the Dose-Related Safety, Tolerability, and Efficacy of Dimethyltryptamine (DMT) in Healthy Volunteers and Major Depressive Disorder, Neuropsychopharmacol (2022) available at <https://www.nature.com /articles/s41386-022-01344-y ; Köck et al., A Systematic Literature Review of Clinical Trials and Therapeutic Applications of Ibogaine, Journal of Substance Abuse Treatment (2022), available at <https://www.sciencedirect.com/ science/article/pii/S0740547221004438 .)
In recent years, the U.S. Federal Drug Administration (FDA) has designated psilocybin as a “breakthrough therapy” to treat severe depression. (<https://www.livescience.com/psilocybin-depression-breakthrough-therapy.html [as of Mar. 15, 2023].) The “breakthrough therapy” designation is “a process designed to expedite the development and review of drugs that are intended to treat a serious condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over available therapy on a clinically significant endpoint.” (<https://www.fda.gov/patients/fast-track-breakthrough- SB 58
therapy-accelerated-approval-priority-review/breakthrough-therapy [as of Mar. 15, 2023].)
Efforts to deprioritize the policing or prosecution of conduct related to certain hallucinogens and to acknowledge the therapeutic value of hallucinogens have gained support in recent years. Since 2019, local measures to deprioritize the policing or prosecution of conduct related to hallucinogens have passed in Oakland, Santa Cruz, Ann Arbor, Denver, and Washington D.C, among others.
In 2020, Oregon voters approved Measure 109, the Psilocybin Services Act, which directed the Oregon Health Authority to create a state-licensed, psilocybin-assisted therapy program over a two-year period. (Kristian Foden-Vencil, Oregon Voters Legalize Therapeutic Psilocybin (Nov. 4, 2020) available at <https://www.opb.org /article/2020/11/04/oregon-measure-109-psilocybin/ .) In implementing Measure 109, Oregon had to determine how to license and regulate the manufacturing, transportation, delivery, sale and purchase of psilocybin products as well as the provision of psilocybin services. (https://www.oregon.gov/oha/ph/ preventionwellness/pages/oregon-psilocybin-services.aspx) During the same election, Oregon voters approved Measure 110 which reduced the personal noncommercial possession of small amounts of a Schedule I-IV controlled substance, including several hallucinogens, from a criminal offense to a civil violation resulting in a maximum fine of $100. (Legislative Policy and Research Office, Measure 110 (2020): Background Brief (December 2020) available at <https://www.oregonlegislature.gov/lpro/Publications/Background-Brief-Measure- 110-(2020).pdf .)
More recently, Colorado voters approved Proposition 122 which, among things, decriminalized the personal possession and use of psilocybin, psilocyn, DMT, ibogaine and mescaline for adults aged 21 and older. (Andrew Kenney, Coloradans Voted to Legalize Psilocybin. What’s Next? (Nov. 25, 2022) available at <https://www.cpr.org/2022/11/25/colorado-psilocybin-legalization-whats-next/ .) The measure additionally establishes a program for licensed “healing centers” to administer psilocybin and psilocyn to adults by licensed professionals, and creates a regulatory framework for the manufacture, cultivation, testing, storage, transport, transfer, delivery, sale, and purchase of the covered substances between healing centers and other permitted entities. (Id.;
<https://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2021- 2022/58Final.pdf .)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes SB 58
SUPPORT: (Verified 5/2/23)
Heroic Hearts Project (source)
A New Path
Alameda County Democratic Party
Bend the Arc: Jewish Action
Blue Dream Democrats
California Association of Social Rehabilitation Agencies California Attorneys for Criminal Justice
California Institute of Integral Studies
California Public Defenders Association
City of Eureka
City of West Hollywood
Decriminalize Nature, San Francisco
Disability Rights California
Dr. Bronner’s
Grunt Style Foundation
Hippie and a Veteran Foundation
Home-LA
Human Impact Partners
Initiate Justice
INNATE Integrative Medicine, Santa Cruz
Law Enforcement Action Partnership
Mindlumen
National Association of Social Workers, California Chapter New Approach Advocacy Fund
Oakland City Council Member Rebecca Kaplan
Personal Plants
Psychedelic Bar Association, Legalization and Regulation Committee San Francisco Public Defender
Secure Justice
Smart Justice California
The Action Lab at Northeastern University
Unlimited Sciences
Veterans of War
Several individuals
OPPOSITION: (Verified 5/2/23)
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Arcadia Police Officers’ Association
Blue Rising
Burbank Police Officers’ Association
California Association of Highway Patrolmen
California Coalition of School Safety Professionals
California Contract Cities Association
California District Attorneys Association
California Family Council
California State Sheriffs’ Association
California Statewide Law Enforcement Association
Citizens Commission on Human Rights
City of Beverly Hills
Claremont Police Officers Association
Concerned Women for America
Corona Police Officers Association
Culver City Police Officers’ Association
Deputy Sheriffs’ Association of Monterey County
Fullerton Police Officers’ Association
Larkspur Mayor Gabe Paulson
Los Angeles Professional Peace Officers Association
Los Angeles School Police Officers Association
Marin Healthy Youth Partnerships
Marin Residents for Public Health Cannabis Policy
Murrieta Police Officers’ Association
Newport Beach Police Association
Palos Verdes Police Officers Association
Peace Officers Research Association of California
Placer County Deputy Sheriffs’ Association
Pomona Police Officers’ Association
Riverside Police Officers Association
Riverside Sheriffs’ Association
San Anselmo Councilmember Brian Colbert
San Anselmo Mayor Steve Burdo
San Diegans Against Crime
San Diego Deputy District Attorneys Association
San Rafael Vice Mayor Rachel Kertz
Santa Ana Police Officers Association
Sarlo Foundation
Sausalito City Councilmember Jill Hoffman
Tamalpais Union High School District Trustee Emily Uhlhorn SB 58
Upland Police Officers Association
Wellify Teen
William G. Nash Foundation
Several individuals
Prepared by: Stephanie Jordan / PUB. S. /
5/10/23 15:29:04
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