Administrative
Report
P.1., File # 24-0809 Meeting Date: 7/23/2024
To: MAYOR AND CITY COUNCIL
From: ELIZABETH HAUSE, INTERIM COMMUNITY SERVICES DIRECTOR TITLE
DISCUSSION AND POSSIBLE ACTION REGARDING THE LEGAL STATUS AND POSSIBLE
DECRIMINALIZATION OF PSILOCYBIN MUSHROOMS IN THE CITY OF REDONDO BEACH
EXECUTIVE SUMMARY
At the April 2, 2024 City Council meeting, Council directed staff to return with an agenda item to discuss the potential decriminalization of psilocybin mushrooms in the City of Redondo Beach.
BACKGROUND
Psilocybin mushrooms, containing psilocybin and psilocyn, are classified as Schedule I substances under California law, indicating they are illegal to possess, use, sell, or distribute. The laws impose penalties for violations, though first-time offenders for simple possession may have access to diversion programs. Below is a review of California state law as it pertains to the use of psilocybin mushrooms:
· CA Health and Safety Code §11056: Psilocybin and psilocyn (the active compounds in psilocybin mushrooms) are listed as Schedule I substances. Schedule I substances are defined as drugs with a high potential for abuse and no accepted medical use in treatment in the United States.
· CA Health and Safety Code §11377: Addresses the possession of controlled substances.
Possession of psilocybin or psilocyn is considered a misdemeanor offense. First-time offenders might be eligible for diversion programs, but it is still a criminal act. · CA Health and Safety Code §11378: Addresses the possession of controlled substances with the intent to sell. Possession of psilocybin or psilocyn with the intent to sell is a felony and carries more severe penalties.
· CA Health and Safety Code §11379: Addresses the transportation, sale, and distribution of controlled substances. Transporting, selling, or distributing psilocybin or psilocyn is a felony offense with significant penalties, including imprisonment. · CA Health and Safety Code §11550: This section makes it a misdemeanor to be under the influence of controlled substances, including psilocybin and psilocyn, in any public place. · CA Penal Code §1001.36: Outlines the Mental Health Diversion program, which allows
P.1., File # 24-0809 Meeting Date: 7/23/2024
· CA Penal Code §1001.36: Outlines the Mental Health Diversion program, which allows certain defendants with mental health disorders to receive treatment instead of proceeding through the traditional criminal justice system. This can include those charged with offenses involving controlled substances such as psilocybin mushrooms.
The City of Redondo Beach does not currently criminalize psilocybin mushrooms at the local level; the City enforces State Law. Council may choose to direct the City’s lobbyist to pursue decriminalization efforts at the State and/or Federal level, if desired.
COORDINATION
This report was coordinated with the City Attorney’s Office.
FISCAL IMPACT
There is no fiscal impact associated with this item.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· CA Health and Safety Codes §11056, 11377, 11378, 11379, 11550 · CA Penal Code §1001.36