PSYCHEDELIC DECRIMINALIZATION BILL PASSES CA ASSEMBLY

PUFFCO DROPS NEW PROXY DROPLET

Puffco released the Proxy Droplet today adding to its long line of killer accessories. 

This time around, the Puffco team is dropping an accessory to go with their newest device, the Puffco Proxy. 

One of the cool things about the proxy is the number of custom pieces we’ve seen glassblowers all over the world making for it. The stock version is essentially a dry hash piece with a really advanced atomizer. The Proxy’s tech in development was what the 3D chamber was originally based on. 

But the dry rips weren’t for everyone. Puffco took note and developed a water piece attachment for the Proxy not too long after its initial release. The Bub accessory is a hybrid piece you can use with both the Proxy and dry flower, thanks to a bowl you can replace the proxy with. It’s a bit beefy and doesn’t feel as travel-friendly as some of Puffco’s other stuff. 

The Droplet takes us from the more traditional water pipe shape to a more contemporary hash consumption device. It definitely looks like something you would smoke hash out of in 2023. We haven’t had the chance to hit it yet, but we’ve hit a lot of rigs that fancy bottle shapes. They’re rippers.

Puffco described Droplet as, “A premium percolated water filtration piece for the Puffco Proxy. As effective as it is elegant, the Proxy base inserts into the top of the Droplet to deliver cooler, smoother hits with an unforgettable rumble,” the announcement reads. “Droplet’s beautifully hand-blown borosilicate glass displays an ocean blue drop within a clear, gradient-frosted body. Its fluid design flows seamlessly between form and function, fitting comfortably in your hand and on any surface in your home.”

The Droplet does not come with the proxy base unit — you’ll have to grab one of those separately.

It’s easy to have faith in Puffco’s accessories after years of hits. Just look at the hot knife — lots of folks that don’t even rip electronic dabs still use those. That’s the kind of innovation that transcends their own devices. So when they come up with something new for their own hardware, it’s easy to see why people want to get their hands on it. 

The things Puffco has come up with in the past to complement its devices have always been fun. Be it custom colors on the bases or glass, or having Ryan Fitt engineer a crazy recycler, they’ve always felt proper. 

Now that Puffco has gone a bit more on the beefy side in regards to its first Proxy accessories, we’d like to see a water piece a bit more compact for the Proxy — not that the first two aren’t lovely. 

ERYKAH BADU DROPS THAT BADU CANNABIS LINE

In a cannabis industry where much of the time the people of note entering from other walks of life to start their brands have been men, Erykah Badu is about to be one of the most celebrated females ever to enter the space she’s been in since 2020. 

From an outsider’s perspective on the chessboard, it seemed the moves she was making in the build-up to the March 8 launch of her That Badu line at Cookies made a lot of sense. She went with better genetics than some of her peers entering the space and was working with a solid retail partner. We’ve always found that one of the most giant red flags recently is when a celebrity brand launch coincides with the launch of whatever mechanism that’s getting you the weed. Badu went the opposite direction in working with an established retailer. 

That Badu is a cross between Lemonchello and Jet Fuel Gelato. It will be available in eighths and pre-rolls for its International Women’s Day launch on March 8. Expect more offerings from the line in time for Mother’s Day.

Badu’s first cannabis line, Apple Trees, launched in February 2020. Unfortunately, the world closed a few weeks later so the launch got lost in the news that was focused on some of the biggest sales weeks in the history of California cannabis as people feared dispensaries would close. 

But the cannabis world is a lot chiller at this moment with the exception of what small farmers are going through and crime waves. And getting the launch in a month and a half before 4/20 to avoid the noise was a good play, too. 

Our chat with Badu started with the fact she is a busy lady, a multi-platinum recording artist with plenty of things on her plate. What made her want to enter the cannabis space in addition to the wellness work she’d already been involved with for a long time?

“I’ve always been an advocate and interested in cannabinoids,” Badu told L.A. Weekly. “My first band is called The Cannabinoids. We are all on the electronic drum machines, nine of us, and we just improv.”

The conversation quickly moved to her work as a doula she started over 20 years ago and how much that actually intertwined with her new cannabis endeavor over the years. Doulas can assist new families in the build-up, during and after the birthing process, or help families with the transitions that come with death and provide emotional support. 

“I became a doula in 2001 and as a birth and death doula; many of my mothers and patients use cannabis in many different ways,” Badu explained. 

And more personally than those she supports through her doula work, cannabis has long been a part of Badu’s early morning ritual as she works to find alignment for the day or whatever message she needs to hear in that moment.

“It brings clarity, and the aroma is also part of the ritual. The smoking is also a part of the ritual, the breathing, inhaling and blowing and exhaling,” Badu said. “All these things have been very instrumental in my creativity as an artist, as a very busy entrepreneur, and as a mother who has to work in a very masculine world. It helps me not forget who I am and that I am also important.”

Badu is currently a resident of Texas. She is sitting in hopes of the chains moving on legalization in the near future. If people used football metaphors more to try and legalize it, they probably would; nevertheless, Badu is working on a CBD permit. As proven by many in the past, she thinks getting her infrastructure in place with CBD stuff and making the move to recreational when Texas goes legal is the move. Certainly, a fair take. 

Texas isn’t the first place that comes to mind when people think of cannabis reform, but it was a long slow process in many places. Texas is now in the midst of that process — it’s just one of those places that started a bit later. Given this, we asked Badu how private she feels like she has to ever had to be about her own use.

“Exactly. That’s why we can have conversations about it, but we have to be very careful with those types of things,” Badu replied. “So now that it’s being introduced, as a prospective license, we can have more conversations and I will be at the forefront of the legalization. I will use my voice for this. And I’m specifically interested in cannabinoids and women.”

Badu noted, while everything in the product line kind of caters to or comes from a feminine perspective, it’s definitely high-end product meant for whoever wants to smoke heat. But you’ll see plenty of feminine notes, like the packaging mimicking the oriental ceramides Badu has become fond of over the years. 

“I was thinking, what kind of vessel will this be in? What kind of packaging, what colors, with flowers?” Badu said. “I first thought of porcelain and the Oriental and Persian vases and tea sets, and those types of things.”

Badu noted she’s also excited about the mushroom tea she’s working on. We asked what it’s like to be diving into the psychedelic space and if it ever felt like psychedelics had been demonized in communities of color. 

“Maybe demonized is a heavy word, I would say for sure misunderstood,” Badu said.

Badu argues when something is misunderstood, it’s often abused and mishandled. Her new mushroom teas will be called That Badu technologies. The first is meant to be a coffee substitute for during the day and the second is the psychedelic one, which she noted can be used in ritual work of any kind.

Keep an eye out for That Badu to expand across California in 2023.

DIRTY WEED WORDS: COMMERCIAL VIABILITY

Commercial viability may be the phrase that has changed in cannabis the most over the decades for the industry.

During my chat with First Smoke of The Day, which dropped last week, the subject of commercial viability came up. Basically, I said once you got past the lovely people that got screwed by circumstances of licensing or location, there are a lot of people who got eaten up by the times because they wouldn’t change their ways. This received the most positive feedback of anything I said during the hour-and-a-half talk. While I’ve attempted to articulate the idea of people not being able to keep up with the game, it was never with the ethos of how many of the world’s best growers hit me up or tagged me on Instagram over the last week. 

At its core, the attempt to define commercial viability in cannabis has proven a double-edged sword. On the one side, the meaning represents progress in the game. The bar for commercial viability has risen with the progress of the times across every market. This includes recreational and the still massive underground cannabis economy thought to dwarf California’s legal market at least 2 to 1, given the vast swaths of the state without legal access and people everywhere else wanting our weed. The pot has certainly increased in quality on both sides of the market. 

On the other side, not all ships have risen with the tide due to various circumstances. Be it their own stubbornness to not change their ways as advancements in the game had been made, or never actually knowing what the bar was for commercial viability in the first place whenever they jumped ship from whatever industry expecting to carve a piece of the cannabis industry for themselves.

Let us not forget a mere 20 years ago, brick weed stuffed in a tire was commercially viable for American distributors. So imagine you’re a person operating under the protection of 215 in that era. Ninety-nine percent of the domestic marijuana supply is absolute garbage. It’s fair to say you’re a hot cookie at that moment. 

But, as the years rolled on, the bar went up.

Commercial viability got to the point where it didn’t just mean you were talking about the quality or price of the product, but also accessibility and ease of transport. California has a firm grip on illicit domestic cannabis production as the feds’ annual plant eradication counts firmly show. But it’s not the same. In the past, the worst cannabis California has to offer used to get scooped up faster than Olive Garden breadsticks coming out of the oven. 

Now we’ve reached the point where people don’t have to buy California’s worst product anymore. California cultivators aren’t competing with Mexican brick weed anymore. They’re competing with the Oklahomas and the Maines — hell, there are probably even some decent beaster packs from Canada still making it over the border.

A lot of the lost souls in California on the illicit side are those who couldn’t keep up with people growing decent weed in those places where people could drive to pick it up. The best weed in the world is still grown in NorCal, especially on the illicit side of the market. Not being able to grow commercially viable pot in the rec market is one thing, but if you are having trouble on the other side, maybe it’s time to do some soul-searching on your craft. Do those little things you see your neighbors doing that you didn’t want to because you convinced yourself you knew what you were doing. 

The most important thing you can do to survive in this market is to grow the best cannabis possible. People that worry about pinching pennies first are destined to fail. At that point, the quality of the marijuana is the second most important thing to you, and you’ve already lost.

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

SENATE BILL

NO. 58

An act to amend Sections 11054, 11350, 11364, 11364.7, 11365, 11377, 11379, 11382, and 11550 of, to add Sections 11350.1 and 11377.1 to, to add and repeal Section 11214 of, and to repeal Section 11999 of, the Health and Safety Code, relating to controlled substances.

LEGISLATIVE COUNSEL’S DIGEST

SB 58, Wiener. Controlled substances: decriminalization of certain hallucinogenic substances.

(1) Existing law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion.

This bill would, on and after January 1, 2025, make lawful the possession, preparation, obtaining, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), and mescaline, for personal use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substances on school grounds, or possession by, or transferring to, persons under 21 years of age.

The bill would require the California Health and Human Services Agency to convene a workgroup to study and make recommendations on the establishment of a framework governing the therapeutic use, including facilitated or supported use, of those substances. The bill would require that workgroup to send a report to the Legislature containing those recommendations on or before January 1, 2025.

(2) Existing law prohibits the cultivation, transfer, or transportation, as specified, of any spores or mycelium capable of producing mushrooms or other materials that contain psilocybin or psilocyn.

This bill would, on and after January 1, 2025, make lawful the cultivation or transportation of specified quantities of spores or mycelium capable of producing mushrooms or other materials that contain psilocybin or psilocyn for personal use, as defined, by and with persons 21 years of age or older.

(3) Existing law prohibits the possession of drug paraphernalia, as defined.

This bill would exempt from this prohibition, paraphernalia related, as specified, to these specific substances. The bill would also exempt from the prohibition items used for the testing and analysis of controlled substances.

(4) Existing law states the intent of the Legislature that the messages and information provided by various state drug and alcohol programs promote no unlawful use of any drugs or alcohol.

This bill would repeal those provisions.

(5) By eliminating and changing the elements of existing crimes and creating new offenses, and by requiring new duties of local prosecutors, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(6) This bill would state that its provisions are severable.

DIGEST KEY

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes  

BILL TEXT

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) For over fifty years, the War on Drugs has caused overwhelming financial and societal costs. The current United States drug control scheme does not reflect a modern understanding of the incentives, economics, or impacts of substance use, nor does it accurately reflect the risks or potential therapeutic benefits of many presently illicit substances.

(b) Drug prohibition has failed to deter drug use, and it has increased its danger. Criminalization of drug use has created an underground market in which difficult-to-verify dosages and the presence of adulterants increase the risks of illicit drugs.

(c) Lack of honest, evidence-based drug education has paved the way for decades of stigma and misinformation, which have contributed to increasing the dangers of drug use.

(d) Encouraging access to harm reduction tools like fentanyl test strips, drug-checking kits, gas chromatography mass spectrometry machines, and milligram scales increases public health and safety by allowing users to make more accurate decisions about their personal use.

(e) Clinical research demonstrates the potential use of some psychedelic compounds, in conjunction with therapy, for the treatment of mental health, such as end-of-life anxiety, depression, post-traumatic stress, and substance use disorders. Observational evidence and traditional uses of psychedelic plants and fungi demonstrate how ceremony and community are utilized to enhance the outcomes and increase the safety of spiritual practice, emotional healing, and responsible personal growth.

(f) Proposition 122 in Colorado, which passed in November 2022, with a 53 percent vote of the state population, will decriminalize the noncommercial, personal possession of psychedelic plants and fungi and establish a regulated therapy system to provide people with therapeutic access to psychedelic plants and fungi.

(g) Measure 109 in Oregon, which passed in November 2020, with a 56 percent vote of the state population, will establish a regulated psilocybin therapy system in Oregon to provide people therapeutic access to psilocybin.

(h) Measure 110 in Oregon, which passed in November 2020, with a 58 percent vote of the state population, decriminalized the personal possession of all drugs, and almost 20 countries around the world including Portugal, the Czech Republic, and Spain, have expressly or effectively decriminalized the personal use of illicit substances.

(i) The City Councils of the City of Oakland and the City of Santa Cruz and the Board of Supervisors of the City and County of San Francisco have all passed resolutions deprioritizing the enforcement of the possession, use, and propagation of psychedelic plants and fungi, effectively decriminalizing in those cities. Since June 2019, the City of Ann Arbor, Michigan, and the Cities of Somerville and Cambridge, Massachusetts have all decriminalized the possession, use, and propagation of psychedelic plants and fungi at the local level. In 2020, Washington, D.C., passed Initiative 81 to decriminalize and deprioritize the possession and use of psychedelic plants and fungi with 76 percent voter approval.

(j) This act will decriminalize the noncommercial, personal use of specified controlled substances. This provision would take effect on January 1, 2025. This act further decriminalizes the use of specified controlled substances for the purpose of group community-based healing, including facilitated and supported use, risk reduction, and other related services, but delays implementation of this provision until a framework for the therapeutic use, which would include community-based healing, facilitated and supported use, risk reduction, and other related services, of the specified controlled substances is developed and adopted. This bill lays the groundwork for California to develop a therapeutic access program for psychedelic plants and fungi.

(k) These changes in law will not affect any restrictions on the driving or operation of a vehicle while impaired, or an employer’s ability to restrict the use of controlled substances by its employees, or affect the legal standard for negligence.

(l) Peyote is specifically excluded from the list of substances to be decriminalized, and any cultivation, harvest, extraction, tincture or other product manufactured or derived therefrom, because of the nearly endangered status of the peyote plant and the special significance peyote holds in Native American spirituality. Section 11363 of the Health and Safety Code, which makes it a crime in California to cultivate, harvest, dry, or process any plant of the genus Lophophora, also known as Peyote, is not amended or repealed.

(m) The State of California fully respects and supports the continued Native American possession and use of peyote under federal law, Section 1996a of Title 42 of the United States Code, understanding that Native Americans in the United States were persecuted and prosecuted for their ceremonial practices and use of peyote for more than a century and had to fight numerous legal and political battles to achieve the current protected status, and the enactment of this legislation does not intend to undermine explicitly or implicitly that status.

SEC. 2.

 Section 11054 of the Health and Safety Code is amended to read:

11054.

 (a) The controlled substances listed in this section are included in Schedule I.

(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetylmethadol.

(2) Allylprodine.

(3) Alphacetylmethadol (except levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).

(4) Alphameprodine.

(5) Alphamethadol.

(6) Benzethidine.

(7) Betacetylmethadol.

(8) Betameprodine.

(9) Betamethadol.

(10) Betaprodine.

(11) Clonitazene.

(12) Dextromoramide.

(13) Diampromide.

(14) Diethylthiambutene.

(15) Difenoxin.

(16) Dimenoxadol.

(17) Dimepheptanol.

(18) Dimethylthiambutene.

(19) Dioxaphetyl butyrate.

(20) Dipipanone.

(21) Ethylmethylthiambutene.

(22) Etonitazene.

(23) Etoxeridine.

(24) Furethidine.

(25) Hydroxypethidine.

(26) Ketobemidone.

(27) Levomoramide.

(28) Levophenacylmorphan.

(29) Morpheridine.

(30) Noracymethadol.

(31) Norlevorphanol.

(32) Normethadone.

(33) Norpipanone.

(34) Phenadoxone.

(35) Phenampromide.

(36) Phenomorphan.

(37) Phenoperidine.

(38) Piritramide.

(39) Proheptazine.

(40) Properidine.

(41) Propiram.

(42) Racemoramide.

(43) Tilidine.

(44) Trimeperidine.

(45) Any substance that contains any quantity of acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.

(46) Any substance that contains any quantity of the thiophene analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl] acetanilide) or a derivative thereof.

(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).

(48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).

(c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Acetorphine.

(2) Acetyldihydrocodeine.

(3) Benzylmorphine.

(4) Codeine methylbromide.

(5) Codeine-N-Oxide.

(6) Cyprenorphine.

(7) Desomorphine.

(8) Dihydromorphine.

(9) Drotebanol.

(10) Etorphine (except hydrochloride salt).

(11) Heroin.

(12) Hydromorphinol.

(13) Methyldesorphine.

(14) Methyldihydromorphine.

(15) Morphine methylbromide.

(16) Morphine methylsulfonate.

(17) Morphine-N-Oxide.

(18) Myrophine.

(19) Nicocodeine.

(20) Nicomorphine.

(21) Normorphine.

(22) Pholcodine.

(23) Thebacon.

(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric isomers):

(1) 4-bromo-2,5-dimethoxy-amphetamine—Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.

(2) 2,5-dimethoxyamphetamine—Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.

(3) 4-methoxyamphetamine—Some trade or other names: 4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA.

(4) 5-methoxy-3,4-methylenedioxy-amphetamine.

(5) 4-methyl-2,5-dimethoxy-amphetamine—Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; “DOM”; and “STP.”

(6) 3,4-methylenedioxy amphetamine.

(7) 3,4,5-trimethoxy amphetamine.

(8) Bufotenine—Some trade or other names: 3-(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5 indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine; mappine.

(9) Diethyltryptamine—Some trade or other names: N,N-Diethyltryptamine; DET.

(10) Dimethyltryptamine—Some trade or other names: DMT.

(11) Ibogaine—Some trade or other names: 7-Ethyl-6,6beta, 7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1’,2’:1,2] azepino [5,4-b] indole; Tabernantheiboga.

(12) Lysergic acid diethylamide.

(13) Cannabis.

(14) Mescaline, 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 described in paragraph (15).

(15) Peyote—Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c), Schedule 1(c)(12)).

(16) N-ethyl-3-piperidyl benzilate.

(17) N-methyl-3-piperidyl benzilate.

(18) Psilocybin.

(19) Psilocyn.

(20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.

Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.

(21) Ethylamine analog of phencyclidine—Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.

(22) Pyrrolidine analog of phencyclidine—Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.

(23) Thiophene analog of phencyclidine—Some trade or other names: 1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.

(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(1) Mecloqualone.

(2) Methaqualone.

(3) Gamma hydroxybutyric acid (also known by other names such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate), including its immediate precursors, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, including, but not limited to, gammabutyrolactone, for which an application has not been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355).

(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers:

(1) Cocaine base.

(2) Fenethylline, including its salts.

(3) N-Ethylamphetamine, including its salts.

SEC. 3.

 Section 11214 is added to the Health and Safety Code, to read:

11214.

 (a) The California Health and Human Services Agency shall convene a workgroup to study and make recommendations on the establishment of a framework governing the therapeutic use, including facilitated or supported use, as defined in paragraph (2) of subdivision (g) of Section 11350.1 and paragraph (2) of subdivision (g) of Section 11377.1, of mescaline, ibogaine, Dimethyltryptamine (DMT), and psilocyn or psilocybin.

(b) The Secretary of the California Health and Human Services Agency or their designee shall be the chairperson of the workgroup.

(c) The workgroup shall include, but not be limited to, all of the following:

(1) Persons with expertise in psychedelic therapy, medicine and public health, drug policy, harm reduction, and youth drug education.

(2) Law enforcement and emergency medical services or fire service first responders.

(3) People with experience with the traditional indigenous use of psychedelic substances, including representatives from the National Council of the Native American Church and Indian tribes in California.

(4) Veterans groups.

(5) University researchers with expertise in psychedelics.

(6) Research scientists with expertise in clinical studies and drug approval process under the federal Food and Drug Administration.

(7) Individuals from other states that have decriminalized psychedelics and established regulatory frameworks for the lawful use of psychedelics.

(d) The workgroup shall study subjects, including, but not limited to, all of the following:

(1) Research on the safety and efficacy of using each of the controlled substances specified in subdivision (a) in a therapeutic setting for treating post-traumatic stress disorder, depression, anxiety, addiction, and other mental health conditions.

(2) Long-term impact of supervised psychedelic or dissociative drug use with seeking and misusing other substances, including alcohol, cannabis, illicit substances, and unregulated psychedelic or dissociative drugs.

(3) Perceptions of harm of psychedelic or dissociative drugs following enactment of decriminalization both on a personal use and therapeutic use level.

(4) Impact of different regulatory frameworks on different health outcomes among vulnerable populations, including youth, people with substance use disorders, and minority or disenfranchised groups.

(5) Regulated use models for the controlled substances specified in subdivision (a) from other jurisdictions.

(6) Content and scope of educational campaigns that have proven effective in accurate public health approaches regarding use, effect, and risk reduction for the substances specified in subdivision (a), including, but not limited to, public service announcements, educational curricula, appropriate crisis response, and appropriate training for first responders and multiresponders, including law enforcement, emergency medical services, fire service, and unarmed coresponder units.

(7) Policies for minimizing use-related risks, including information related to appropriate use and impacts of detrimental substance use.

(8) Appropriate frameworks to govern the therapeutic use of controlled substances, including qualifications and training for therapists or facilitators.

(e) The workgroup shall develop policy recommendations regarding, but not limited to, all of the following:

(1) Development of a statewide program or programs for the training of individuals providing therapeutic psychedelic services in therapeutic settings, including facilitated and supported use settings.

(2) Development of a statewide credentialing process for individuals providing therapeutic psychedelic services in therapeutic settings, including facilitated or supported use settings.

(3) The content and scope of educational campaigns and accurate public health approaches regarding use, effect, risk reduction, and safety for the substances specified in subdivision (a).

(4) Policies for minimizing use-related risks, including information related to appropriate use and impacts of detrimental substance use.

(5) Policies for the regulation of controlled substances specified in subdivision (a), including responsible marketing, product safety, and cultural responsibility.

(6) Policies for the safe and equitable production, access, use, and delivery of the controlled substances specified in subdivision (a).

(f) Subsequent to the Legislature’s adoption of a framework governing therapeutic use of the substances described in subdivision (a), it is the intent of the Legislature that the transfer of a substance described in subdivision (a), without financial gain, in the context of therapeutic use, which includes facilitated or supported use, be decriminalized.

(g) As used in this section, “facilitated or supported use” means the supervised or assisted personal use of a substance described in subdivision (a) 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 spiritual guidance, community-based healing, or related services.

(h) (1) On or before January 1, 2025, the workgroup shall submit a report to the Legislature detailing its findings and recommendations.

(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(i) This section shall remain in effect until January 1, 2026, and as of that date is repealed.

SEC. 4.

 Section 11350 of the Health and Safety Code is amended to read:

11350.

 (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V that is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

(b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of their inability to pay the fine permitted under this subdivision.

(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation that may be imposed, the following conditions of probation shall be ordered:

(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.

(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.

(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.

(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:

(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.

(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.

(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.

SEC. 5.

 Section 11350.1 is added to the Health and Safety Code, to read:

11350.1.

 (a) Except as otherwise provided in subdivisions (b), (c), (d), and (e) of this section and notwithstanding any other law, all of the following shall be lawful for a natural person 21 years of age or older and shall not be a violation of state or local law:

(1) The possession, preparation, obtaining, or transportation, of no more than the allowable amount of mescaline, as described in paragraph (14) of subdivision (d) of Section 11054, for personal use.

(2) The ingesting of mescaline.

(3) The possession, planting, cultivating, harvesting, or preparation of plants capable of producing mescaline, except for the plant presently classified botanically as Lophophora williamsii Lemaire, on property owned or controlled by a person, for the purposes described in this subdivision by that person, and possession of any product produced by those plants.

(b) Possession of mescaline by a person 21 years of age or over 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 punishable as a misdemeanor.

(c) (1) A person who knowingly gives away or administers mescaline to a person who is under 18 years of age in violation of law shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

(2) Notwithstanding paragraph (1), 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 shall be punished by imprisonment in the state prison for a period of three, five, or seven years.

(3) 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.

(d) Except as otherwise provided, possession of mescaline by a person under 18 years of age is punishable as an infraction and shall require:

(1) Upon a finding that a first offense has been committed, 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.

(2) Upon a finding that a second offense or subsequent offense has been committed, 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.

(e) Except as otherwise provided, possession of mescaline by a person at least 18 years of age but less than 21 years of age is punishable as an infraction.

(f) Mescaline or related products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.

(g) As used in this section, the following terms are defined as follows:

(1) “Allowable amount” means four grams per person. “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 as part of a preparation.

(2) “Financial gain” means the receipt of money or other valuable consideration in exchange for the item being transferred.

(3) “Mescaline” does not include synthetic analogs of mescaline, including derivatives of mescaline that are produced using chemical synthesis, chemical modification, or chemical conversion.

(4) “Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.

(5) “Preparation” means processing or otherwise preparing for use.

(h) This section shall take effect on January 1, 2025.

SEC. 6.

 Section 11364 of the Health and Safety Code is amended to read:

11364.

 (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V.

(b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste.

(c) Until January 1, 2026, as a public health measure intended to prevent the transmission of HIV, viral hepatitis, and other bloodborne diseases among persons who use syringes and hypodermic needles, and to prevent subsequent infection of sexual partners, newborn children, or other persons, this section shall not apply to the possession solely for personal use of hypodermic needles or syringes.

SEC. 7.

 Section 11364.7 of the Health and Safety Code is amended to read:

11364.7.

 (a) (1) Except as authorized by law, any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor.

(2) A public entity, its agents, or employees shall not be subject to criminal prosecution for distribution of hypodermic needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability to participants in clean needle and syringe exchange projects authorized by the public entity pursuant to Chapter 18 (commencing with Section 121349) of Part 4 of Division 105.

(3) This subdivision does not apply to any paraphernalia that is intended to be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, any of the following substances:

(A) Dimethyltryptamine (DMT).

(B) Mescaline.

(C) Psilocybin.

(D) Psilocyn.

(b) Except as authorized by law, any person who manufactures with intent to deliver, furnish, or transfer drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body cocaine, cocaine base, heroin, phencyclidine, or methamphetamine in violation of this division shall be punished by imprisonment in a county jail for not more than one year, or in the state prison.

(c) Except as authorized by law, any person, 18 years of age or over, who violates subdivision (a) by delivering, furnishing, or transferring drug paraphernalia to a person under 18 years of age who is at least three years younger, or who, upon the grounds of a public or private elementary, vocational, junior high, or high school, possesses a hypodermic needle, as defined in paragraph (7) of subdivision (a) of Section 11014.5, with the intent to deliver, furnish, or transfer the hypodermic needle, knowing, or under circumstances where one reasonably should know, that it will be used by a person under 18 years of age to inject into the human body a controlled substance, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.

(d) The violation, or the causing or the permitting of a violation, of subdivision (a), (b), or (c) by a holder of a business or liquor license issued by a city, county, or city and county, or by the State of California, and in the course of the licensee’s business shall be grounds for the revocation of that license.

(e) All drug paraphernalia defined in Section 11014.5 is subject to forfeiture and may be seized by any peace officer pursuant to Section 11471 unless its distribution has been authorized pursuant to subdivision (a).

(f) If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application and to this end the provisions of this section are severable.

SEC. 8.

 Section 11365 of the Health and Safety Code is amended to read:

11365.

 (a) It is unlawful to visit or to be in any room or place where any controlled substances that are specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or that are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.

(b)  This section shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance specified in subdivision (a). This subdivision is declaratory of existing law as expressed in People v. Cressey (1970) 2 Cal. 3d 836.

SEC. 9.

 Section 11377 of the Health and Safety Code is amended to read:

11377.

 (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance that is (1) classified in Schedule III, IV, or V, and that is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (10), (11), (13), (14), (15), (18), (19), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.

(b) The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of their inability to pay the fine permitted under this subdivision.

(c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:

(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.

(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.

(d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.

SEC. 10.

 Section 11377.1 is added to the Health and Safety Code, to read:

11377.1.

 (a) Except as otherwise provided in subdivisions (b), (c), (d), and (e) of this section, and notwithstanding any other law, all of the following shall be lawful for a natural person 21 years of age or older and shall not be a violation of state or local law:

(1) The possession, preparation, obtaining, or transportation, of no more than the allowable amount of any of the following substances for personal use:

(A) The controlled substance specified in paragraph (10) of subdivision (d) of Section 11054.

(B) The controlled substance specified in paragraph (18) of subdivision (d) of Section 11054.

(C) The controlled substance specified in paragraph (19) of subdivision (d) of Section 11054.

(D) Spores or mycelium capable of producing mushrooms or other material which contains the controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054.

(2) The ingesting of a substance described in paragraph (1).

(3) The possession, planting, cultivating, harvesting, or preparation of plants capable of producing a substance described in paragraph (1), on property owned or controlled by a person, for the uses described in this subdivision by that person, and possession of any product produced by those plants including spores or mycelium capable of producing mushrooms or other materials that contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, for that purpose.

(b) Possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person 21 years of age or over, 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 punishable as a misdemeanor.

(c) (1) A person who knowingly gives away or administers a controlled substance specified in paragraph (1) of subdivision (a) to a person who is under 18 years of age in violation of law shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

(2) Notwithstanding paragraph (1), a person 18 years of age or over who knowingly gives away or administers a substance described in paragraph (1) to a minor under 14 years of age in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.

(3) A person who knowingly gives away or administers a substance described in paragraph (1) to a person who is at least 18 years of age, but under 21 years of age is guilty of an infraction.

(d) Except as otherwise provided, possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person under 18 years of age is punishable as an infraction and shall require:

(1) Upon a finding that a first offense has been committed, 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.

(2) Upon a finding that a second offense or subsequent offense has been committed, 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.

(e) Except as otherwise provided, possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person at least 18 years of age but less than 21 years of age is punishable as an infraction.

(f) A controlled substance described in this section or any related product involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.

(g) As used in this section, the following terms are defined as follows:

(1) “Allowable amount” means the following quantities of a substance per person. “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 as part of a preparation:

(A) One gram of dimethyltryptamine, otherwise known as DMT.

(B) One gram of psilocybin or one ounce of a plant or fungi containing psilocybin.

(C) One gram of psilocyn or one ounce of a plant or fungi containing psilocyn.

(D) The amount of spores or mycelium capable of producing an allowable amount of a plant or fungi which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054.

(2) “Controlled substances” in this section does not include synthetic analogs of these substances, including derivatives of these substances that are produced using chemical synthesis, chemical modification, or chemical conversion.

(3) “Financial gain” means the receipt of money or other valuable consideration in exchange for the item being transferred.

(4) “Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.

(5) “Preparation” means processing or otherwise preparing for use.

(h) This section shall take effect on January 1, 2025.

SEC. 11.

 Section 11379 of the Health and Safety Code is amended to read:

11379.

 (a) Except as otherwise provided in subdivision (b), in Section 11377.1, and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance that is (1) classified in Schedule III, IV, or V and that is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years.

(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.

(c) For purposes of this section, “transports” means to transport for sale.

(d) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory.

SEC. 12.

 Section 11382 of the Health and Safety Code is amended to read:

11382.

 Except as otherwise provided in Section 11377.1, every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance that is (a) classified in Schedule III, IV, or V and that is not a narcotic drug, or (b) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, or specified in subdivision (d), (e), or (f) of Section 11055, to any person, or offers, arranges, or negotiates to have that controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, or arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of that controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.

SEC. 13.

 Section 11550 of the Health and Safety Code is amended to read:

11550.

 (a) A person shall not use, or be under the influence of any controlled substance that is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. A person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not more than one year in a county jail. The court may also place a person convicted under this subdivision on probation for a period not to exceed five years.

(b) (1) A person who is convicted of violating subdivision (a) when the offense occurred within seven years of that person being convicted of two or more separate violations of that subdivision, and refuses to complete a licensed drug rehabilitation program offered by the court pursuant to subdivision (c), shall be punished by imprisonment in a county jail for not less than 180 days nor more than one year. In no event does the court have the power to absolve a person convicted of a violation of subdivision (a) who is punishable under this subdivision from the obligation of spending at least 180 days in confinement in a county jail unless there are no licensed drug rehabilitation programs reasonably available.

(2) For the purpose of this section, a drug rehabilitation program is not reasonably available unless the person is not required to pay more than the court determines that they are reasonably able to pay in order to participate in the program.

(c) (1) The court may, when it would be in the interest of justice, permit a person convicted of a violation of subdivision (a) punishable under subdivision (a) or (b) to complete a licensed drug rehabilitation program in lieu of part or all of the imprisonment in a county jail. As a condition of sentencing, the court may require the offender to pay all or a portion of the drug rehabilitation program.

(2) In order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation pursuant to this subdivision, counties are encouraged to include provisions to augment licensed drug rehabilitation programs in their substance abuse proposals and applications submitted to the state for federal and state drug abuse funds.

(d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of their inability to pay the fine permitted under this subdivision.

(e) (1) Notwithstanding subdivisions (a) and (b) or any other law, a person who is unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm is guilty of a public offense punishable by imprisonment in a county jail for not exceeding one year or in state prison.

(2) As used in this subdivision “immediate personal possession” includes, but is not limited to, the interior passenger compartment of a motor vehicle.

(f) Every person who violates subdivision (e) is punishable upon the second and each subsequent conviction by imprisonment in the state prison for two, three, or four years.

(g) This section does not prevent deferred entry of judgment or a defendant’s participation in a preguilty plea drug court program under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code unless the person is charged with violating subdivision (b) or (c) of Section 243 of the Penal Code. A person charged with violating this section by being under the influence of any controlled substance that is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055 and with violating either subdivision (b) or (c) of Section 243 of the Penal Code or with a violation of subdivision (e) shall be ineligible for deferred entry of judgment or a preguilty plea drug court program.

SEC. 14.

 Section 11999 of the Health and Safety Code is repealed.

SEC. 15.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 16.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

WHAT THE KILLERS ARE GROWING 2023

It’s that time of year when we ask our favorite cannabis brands and people what they’re most excited to grow this year. 

The early stress tests are done for the season and folks are getting ready to put their new winning phenos into full blast. While this happens all the time indoors, the work outdoor cultivators do in March and April will help set the standard for the quality they’ll be chopping down when Croptober hits. 

Here is what people told us when we asked them what they are hyped on. Here is what they told us:

Fidels

Fidel in the garden. Courtesy of Fidels.

Runtz x Jealousy, multiple banger phenos hunted, now being scaled up to the masses. The cool thing about this project is that it’s not bread by me, it’s bread by Julio aka @nineweeksharvest. Julio and I had a Genuine conversation. He’s an amazing breeder and pure soul! He blessed me with Runtz X Jealousy. 

We hunted over 60 beans and had many selections that look, smell and smoke phenomenal. I’m excited to share these selections with the masses and have them scaled up properly.

Masonic 

Oh man, Karma Genetics, The great gardener, Barbara bud hybrids, and some of the stuff I’ve chucked along the way. I already went down a lot of the landrace rabbit hole.

Rez from DNA Genetics

I’m hyped about the ’93 Octane crosses. Super heavy gas. I’m looking for that borderline rancid, super offensive-pungent, baby Shit level funk.

Capulator

Diamond Lungs Co-Op grow. 70 pheno hunters, 888 beans. Also, Vintage Sunset Cheese, Gas and Cheese, and Caps Frozen Oranges. I’m on a hot one right now.  

Ryan from Doja Pak

So basically, Duke of Erb and I started with a strawberry diesel from Res Dog, pollinated it with a Northern Lights male selected a male and pollinated an OG18 Pheno that we hunted from DNA. That cross was named 18 Coffins.

We worked the line through the generations and hit the Gelato 33 from the Bakery with pollen from an F318 coffins male. That cross was called Strawberry Gelato. The female keeper was put into production and then the male we collected pollen and dusted the original Zkittlez. This cross was named Strawberry Zkillato. Planta grows this cut currently.

The SZ Male pollinated a LCG/Runtz and then we selected multiple keepers; Planta runs 1 and Dave from Preferred Gardens runs another. We again selected a male and hit our whole lineup. Those are the crosses I’m selling and selecting now. 

Anna from CAM

Things I’m running that are new. Grape Gas, Lemon Cherry Gelato x Permanent Marker, Animal cookies x Z, Devil driver (Melonade x sundae driver ), Pure Kush and Rozay. 

Erin from Royal Key Organics

Gelapop, Velvet, Candy Walls hash, new seeds and new potential from Equilibrium Genetics.

Drew from Green Dawg

Green weed 2023! D1 is my biggest recent push. I’m not disclosing genetics officially, but it’s the closest thing I’ve had to a real Sour Diesel/Dubb flavor profile in a decade. It’s an anti-candy. We hunted her from seed. Everything else was hay except her. I think she’s special and is going to do numbers this year.

Sour Wavez

Surefire and I have something special coming up, haven’t named it… RS11 x sherbanger F1 male. Besides that, some stuff I bred: Gelloz (gelatti x OZX), Betrayal (Zkittelz x OZX), Real Ricky Bobby (Xeno x OZX), Chess not checkers (Pink Z x OZX), Sidepiece (Pure Kush x OZX).

Besides that I’m growing Sherbanger (Boston roots), Sour diesel (karma bx2), I have four different OGs, Permanent marker via Doja pak, Zazul (Archive), Detroit runtz (Tiki) and from Mendoja the Larry Z and Cherry pie x OZK .

Kevin Jodrey 

I’m hyped about the older cultivar revival Purple city coming out with ssh kali mist hybrids.

Cypher going to weave the red Lebanese x puck into his work. On the east coast you have the piff haze crew going hard in that direction.

You got Sjoerd Brooks lighting up in lake county and has the haze valley nursery coming online. Equatorials modified for our area but still retaining the traits that made them legendary. No one young ever got to smoke them and Brooks is a bad motherfucker.

It’s not so much a specific plant as a feel. Herb from an era where the quality of the effect was what drove the sale more so than the amount of hype. You see the work being woven into a lot as well. 

The stores are losing so much ground to the trap because they live and die off of the distribution model. That model is a safe bet. Purple color only. Over 26% only. That leaves about 30 plants that every nursery in the state sells and forces every grower to compete with each other for shelf space. Customers are bored. 

I’m flying to Jamaica tomorrow to document Charles Scott’s operation for a company I’m helping to build in Massachusetts. A lifetime of equatorials being sifted for what will work best in today’s world. I’m stoked because the crop is outdoors full sun organic and at 18′ latitude, so we can see what they look like in their natural environment. 

Those selections will be sifted indoors and released in a market where that kind of effect is desired and needed. 

Fieldz from Zkittlez

Braindropz, gelonoidz, wapanga, NYZ., zyrup. All of our own gear of coarse. 

Champelli

Stuff that is smoking and is killer. I have a few OG back crosses. I’m excited about bringing back that real gas for body smoke mostly green weed, but I also have a few different candy Z crosses that are neither overly zee or overly candy leaning basically their own thing New flavors I like it when stuff comes out and it’s not leaning too heavy on one thing or relying on one Terp it’s always Pass when they get together become friends and decide to have a new expression of flavor. That’s the most exciting part creating something you could actually call newish.

The Village – Symbiotic Genetics

We are really excited about the Gassy Taffy line collab with Grow Low Key. There is a Grease Bucket x Gassy Taffy pheno that is extremely promising, very gassy. We are calling it Benzina, which is gas in Italian. Also the Amarelo x Gassy Taffy I’m really excited about and that’s going to be called Ego Death. Also the Candied Bananas which is Z2 x Banana Punch, Z2 is Zkittles bag seed. 

Mike from Fig Farms 

The flowers I’m most excited about right now are in-house crosses that recently graduated to production. The next two that will be released are crosses to Figment pollen, both are outstanding.

The first cross, Kush Mint Cookies x Figment #5, has an overwhelming Original Cookies terp presence that really pulls at the olfactory memory. The second cross, Blue Face x Figment #7, has an undeniable exotic Fig Farms look with a complex gas profile that we can’t wait to share. You are going to continue to see a lot of Fig crosses coming from us in 2023. The pollen and the winning female plants that we’ve been collecting and testing are like colors on a painter’s palette. Our palette’s range is deep, and we are using our palette to create the next generation of classics.

L.A. WEEKLY’S CANNABIS TRAVEL TIPS 2023

Here at L.A. Weekly, we have spent the last 12 months on an international quest for the heat and we want to share some travel tips from our adventures ahead of many of you heading to Spain next week for Spannabis. 

As the world continued to open back up, we started our travels at Spannabis 2022, later in the year we’d hit the Canary Islands for White Ash Weekend, and make two trips to Bangkok to check out its rapidly evolving dispensary scene. This is in addition to all our domestic adventures and traveling California from Arcata to Adelanto in search of the best cannabis in the world. 

In the process of all that, we’ve made a few key observations to make your travels more fun. 

Preflight Sesh

Is there anything more fun than getting rocked before you go through TSA to depart to god knows where to enjoy some exotic marijuana? Probably. Regardless, it’s a great time. Some people are scared to smoke giant joints or blunts at the airport, but you’ll more than likely be fine if you’re somewhere cannabis doesn’t get you prison time. As for TSA, I carry an ounce on me with a doctor’s recommendation PDF ready to go in the event of a worst-case scenario. Also, it’s best to keep your weed in your carry-on. Most of the dogs you actually see at the airport are bomb dogs, the drug dogs are smelling stuff as it lands in the international terminal. But if you’ve already landed on an international flight and see a dog, it’s probably a drug dog. They figure you would have blown up by the time the plane landed if you were a terrorist and they keep the different types of working K9s separate — the dogs get confused seeing the other dogs get alerted and affection over smells they haven’t been trained on.

The More Exotic the Destination, The More You Need to Bring Your Own Rolling Supplies 

You can probably buy most of your favorite rolling supplies in any major city in the world, but prices are going to vary. For example in Barcelona, I spent the second to last day of the trip hunting for Backwoods, while the homies prepped for a party. The box of woods I found would run me about €60. That’s roughly $63, which is very comparable to buying a box in America. They’re most expensive in CA these days; you can score them a bit cheaper than that in other parts of the country. In Bangkok, that same $63 only gets you one pack from that box of eight we got in Barcelona with five blunts in it. Even worse, if you get a stale pack, you’re screwed. But Bangkok is so humid that every wood we got in our pack seemed pretty fresh.

Be Polite About Spliffs

Don’t hate the culture internationally. Just say you don’t use tobacco, in a nice way. If people want to mix tobacco with their weed because they love spliffs, or just to stretch it out due to living under the yoke of the oppressor, don’t be a hater. You have to remember soccer and spliffs have a lot in common, they’re the most popular thing outside America. On a positive note, since spliffs are so popular you can basically smoke blunts everywhere you can puff. 

Swiss Army Trail Mix

There is a solid argument to make that trail mix is the most underrated drug smuggling tool in the modern era. You just bring your weed or mushroom chocolate bar to the airport, buy a fresh pack of trail mix available at nearly every domestic U.S. airport, break up your drug chocolates in bigger chunks than the regular ones and throw them in the bag. This is also one of the best ways to get weed into the worst places if you’re understandably scared to pull the trigger on flowers or hash. 

Make Sure You Know Just How Mad The Locals Get

Speaking of the worst! Don’t get Brittany Grinered — there is a good chance you’re not even an Olympian. It’s best to figure out ahead of time where things are going to fall on a scale of all good to having to bribe police, or worst-case scenario, becoming a political pawn over munitions shipments to Ukraine. But a lot of places are great. In Thailand, the most popular answer I got about smoking in public was: just don’t bother anyone. Seemed pretty fair to me. 

Local Access 

Before I was L.A. Weekly’s pot critic, I was regularly hunting for pot in different locations. One time in Mexico I ended up in a bait and tackle shop run by the cartel standing in a line five people deep. Everyone else was there for blow, and when I got to the front of the line the dude was like, “Hey, it’s the weed guy!” in reference to my appearance. A couple of armed men and I had a good laugh. But that’s the advanced class! You should start by asking bartenders and bellhops. They know they’ll get it back in tips if they hook you up.