August 5, 2023

Psychedelic Policy in California
  1. What is the Status of Senate Bill 58?

Last month, the California State Assembly Health Committee voted to approve Senator Scott Weiner’s Senate Bill 58 (“SB 58”), which aims to both decriminalize certain psychedelics and create a regulatory framework to govern the supervised therapeutic use of psychedelics.

Having passed the Health Committee, SB 58 goes next to the Assembly Appropriations Committee, which will then decide to pass the bill if the state has the budget to fund it; This vote is expected to occur later this month. If the Appropriations Committee approves the bill, it will then go to the Assembly floor. There, every Assemblymember will vote to either approve or reject the bill. If it receives enough votes of approval, the bill will end up on Governor Gavin Newsom’s desk to be signed into law.

  1. What Happens if SB 58 Becomes Law?

If SB 58 is signed into law this summer, it will decriminalize the cultivation, possession, transfer, and use of several naturally occurring psychedelics for adults 21 years of age or older, including psilocybin, psilocyn, Dimethyltryptamine (DMT), mescaline (excluding peyote), and ibogaine.

Additionally, SB 58 will require the California Health and Human Services Agency to construct a workgroup to research and submit policy recommendations to govern the supervised adult use of psychedelic drugs in the context of “spiritual guidance, community-based healing, or related services.” These recommendations must be reported to the California Legislature by January 1, 2025.

The regulated adult use program will not allow psychedelic drugs to be sold for money, although it will be legal to charge fees for spiritual guidance or related services provided in conjunction with the facilitated use of psychedelics. Upon legalization, it is likely that there will be a strong demand for psychedelic therapists and guides across the state. Luckily, organizations such as the University of California, Berkeley and the California Institute of Integral Studies are already developing California’s pioneering class of psychedelic practitioners through their respective psychedelic-therapy certification programs.

The bill will also repeal current state laws banning the sale of drug paraphernalia associated with the list of psychedelic drugs that will be legalized. Ultimately, this will legalize the operation of businesses that provide certain products or services relating to the planting, cultivation, harvesting, processing, storage, testing or consumption of legal psychedelics.

  1. How Can Californians Show Support for SB 58?

If you believe that there should be no criminal penalties for adults who use naturally occurring psychedelics and believe that adults should be able to use psychedelic drugs in a safe and regulated environment – take action!

The best way to support the bill is to find out who your State Assemblymember is and call or email them with a message of support before the bill goes to the Appropriations Committee later this month.

  1. Consult with a California Psychedelics Attorney

If the California State Assembly votes SB 58 into law this summer, it will surely create exciting new business opportunities for the psychedelics industry.

If you are interested in exploring business opportunities in the budding psychedelics industry, be sure to meet with an experienced California cannabis attorney who can help you navigate the legal gray areas that are sure to persist even upon possible passage of SB 58.

Sign up for the Manzuri Law newsletter to stay abreast of legal developments that will affect your right to use, sell, and provide services surrounding psychedelics in California.

Contact one of our cannabis law firm specialists today by phone at 310-912-2960 or online.

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