61% OF AMERICANS WANT CANNABIS ON VALENTINE’S DAY A new survey from Wired Research suggests most American adults will be including cannabis in their Valentine’s Day plans. According to the survey, 61% of American adults plan on using cannabis or gifting it to someone this Valentine’s Day. The survey was commissioned by Verano Holdings to…
61% OF AMERICANS WANT CANNABIS ON VALENTINE’S DAY
A new survey from Wired Research suggests most American adults will be including cannabis in their Valentine’s Day plans.
According to the survey, 61% of American adults plan on using cannabis or gifting it to someone this Valentine’s Day. The survey was commissioned by Verano Holdings to see how consumers would treat cannabis around the holiday as it continues to get further normalized nationally.
Another fascinating takeaway is the number of Americans that will skip booze this holiday season and opt for cannabis. Wired Research put the number at about 19 million. If just half those people bought a top-shelf eighth for the holiday, you’re talking about $60 million dollars in revenue before you even add the taxes.
While it was close, men were a little bit more likely to include cannabis in their Valentine’s Day plans (66%) than women (57%). This gap is actually closer than the gap between men and women admitting to use in wider society. In 2016, Columbia University Professor Deborah Hasin noted the rates at which men and women used cannabis had held steady for a long time at 13% of men and 7% of women through the mid 2000s. But in 2007, experts started to see a shift that would see the rate at which men were using rise another 4% while women’s use rates would rise 3%.
Younger folks were a lot more down with adding cannabis to their holiday plans than seniors were, with 70% of Gen Z and Millennials surveyed saying cannabis very well could end up a part of their holiday plans. But even then, the seniors weren’t that far behind. While the survey was just under 1,000 people, the idea that more than half of the two oldest categories said they’d be including it in their plans was pretty wild. That is probably the number it would be fascinating to see scaled up into a bigger survey the most.
Another big factor that will separate use rates this holiday? Kids. Parents were found to be more likely to partake in cannabis on the holiday than their childless peers. The survey found 69% of people with kids planned on making cannabis part of the fun, while only 57% of those without offspring said they’d be partaking.
As opposed to just another part of the evening’s fun, many argued they were using it as a tool to inspire romance.
“The data from the survey show that Americans use cannabis to relax or improve their mood, which can help people be present and more connected, which is crucial to a better love life,” said Dr. Shannon Chavez, a Beverly Hills psychologist and sex therapist. “Valentine’s Day is a great opportunity for couples to try something new together and try a more dynamic and less formulaic approach to intimacy, which cannabis can help inspire.”
Americans are starting to come around on the idea. One in four surveyed believed cannabis would help get them in the mood. While separately, one in four surveyed said they expected to perform better sexually with the help of cannabis.
We’re deep into summer, and it’s time to celebrate The Strains of Summer we’re most excited to take with us to the beach, ballpark, and beyond.
Los Angeles has no shortage of heaters to be pumped on, but we grabbed some other flavors from around California we’re sure you’ll find up to the task. There are a lot of new flavors on the list and some more established hitters we couldn’t leave out.
The Strains of Summer 2023
CAM – Biscotti BX1
The Biscotti BX1 coming out of CAM’s Sacramento facilities is easily some of our favorite cannabis we got to sample in recent months. The BX stands for backcross. The terpene profile is a trip down memory road to the Biscotti flavors that made the strain famous, but one might argue the backcross is even louder than the original.
Alien Labs – Dark Web
The new flavor Alien Labs used to qualify for the Transbay Challenge main event was a super hitter. While the green weed movement recently got some wind in its sails, Alien Labs is here to remind you of the power of purple in a way that brings you to the borderline of function and couch lock. There is no trade-off for flavor and potency either with Dark Web — it certainly checks all the boxes.
Fiore – Gary Z
Do you like Gary Payton and Zkittelz? Boy, do we have some great news for you. The new pairing of the two from Fiore is simply awesome; we recommend still trying it even if you didn’t like the original. And someone at Fiore absolutely nailed it on the phenotype selection, you can pick out both flavors really specifically. This is a great start to the day without a panic attack weed with a bit of body to it to pair with the relaxed but now slouchy high.
Green Dawg – D1
D1 – Courtesy of Green Dawg
We love Diesel here at L.A. Weekly. We’re sad to see where things have gone in recent years. Thankfully the Vermont-born leadership team at Green Dawg also missed the famous east coast flavor. Their new strain D1 is a testament to that diesel of years past. It’s not quite as fuely as some of the old cuts, but it certainly smells and tastes right, so we understand the enthusiasm for the new strain.
Connected – (Forbidden Fruit x Gelato 41) x Atomic Apple
The trophy shelf at Connected has run deep over the years. We certainly think the new (Forbidden Fruit x Gelato 41) x Atomic Apple they found will be added to the collection in the not-to-distant future. I’m not even a Forbidden Fruit guy, but boy does the flavor profile on this one absolutely hit the mark as some weird Forbidden Fruit x Dessert Weed symphony. While it’s still in the brown tester jars around the state, the word is, Connected already moved it into full production.
Cookies Maywood – House Strains
Courtesy of Cookies Maywood
The best bang for the buck on this list is the house strains at Cookies Maywood. I didn’t realize they were a thing until earlier this month when I stopped by to see all the new flavors. I ended up leaving with a quarter of the Sunset Z. Probably my best buy of that weekend for sure since it was heat. I’m looking forward to heading back to try the other flavors. Hit me up and let me know what you think of them.
The Ten Co – Blue Zushi
Courtesy of Brandon Mayfield
A Strains of Summer list without Blue Zushi on it would be garbage, so we’re certainly not treading into those waters. The two-time Zalympix winner, the second time beating out over 120 competitors to reaffirm their glory, keeps hitting the mark on fantastic flavors and excellent branding. It’s hard to name a company that has been able to hit the mark better on both of those things than The Ten Co.
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Nearly a decade ago, Rohan Marley helped his family take its first steps in the cannabis space, now his personal brand is rolling along strong after launching in Michigan.
Rohan is the middle child of Bob Marley’s nine kids. He and Stephen are the closest in age of the group and were born a month apart in 1972. When it was time for the family to start dabbling in cannabis in the mid-2010s following the first successful legalization initiatives, Rohan took the lead.
The family founded Marley Naturals in 2014. Marley Naturals was originally a partnership between Privateer Holdings. The brand would have some hiccups as it came to market. The family would buy the rights out in 2019 and take full control. Not too long after, Rohan would get the ball rolling on the cannabis element of Lion Order that recently launched in Michigan after a couple of years of pheno hunting before the flower went into full production.
We flew out to Detroit to check out Rohan’s new flowers and hear the lessons learned in California. He kicked things off by describing the vibes associated with Lion Order. They are similar to what the phrase means in Rastafarianism and his father’s music. Particularly, the ideas of strength, courage and righteousness in the face of oppression and adversity.
In the song his father named Lion Order on his final studio album, Confrontation, he would sing on the themes of standing up for your rights and fighting injustice, as he did frequently throughout his career.
After a walk through 305 Farms cultivation facility where the Lion Order line is in production, we sat down with Marley.
“After years of being an entrepreneur and wanting to do things my way, which is things I love, being a part of something that’s more than just cannabis. Being a part of a movement. And that movement is Lion Order and just the philosophy of Rastafari,” Marley told L.A. Weekly.
His goal going in this time was to create something he’d want to smoke and share with his brothers. Marley’s years in the coffee industry have made picking out the notes in aromas a regular thing. With Lion Order, his plan was to hunt down the flavors of his childhood.
He remembered the flavors he would come across in college. He didn’t know what indica or sativa was, he just knew he loved herb. He has spent the rest of his life chasing some of those flavors from his youth, just now it’s for the sake of good business as opposed to just his personal enjoyment.
“For me, it was like a pheno hunt all the time once I left college,” Marley said.
Marley would get his hands on some cannabis in Miami not long into the pandemic that had him thinking, this is really it? Eventually, Marley was introduced to Heavyweight Heads by fellow University of Miami alumni Mike James. James also played six years in the NFL after his time at The U.
“And those guys, we spent about two and a half years trying to develop that taste profile I wanted. They would come in and I’d say that ain’t it,” Marley said. “I started to like get into the whole strain and my own thing to like all right, we need to create our own movement. Because I don’t like the herb that’s out there. I want my own herb of what I like to smoke. So those guys from Heavyweight Heads helped me to develop these genetics here. And when they brought the right one, I knew that was the one.”
That was King Clem, the current flagship strain. The King Clem’s nose profile is somewhere in the middle between a sour and an OG. It’s not quite either, but you can detect certain similar notes for sure. The structure is a bit chunkier than either of them too.
King Clem
Marley knew the King Clem was the one before he even lit it.
“Before you light it, you know they see that people pre-pull it now, when you get all those terpenes and all that flavor. That’s what I love. Then when I spark that and I’m getting that all together, I see that’s the one, so for me, that’s what we create,” Marley said.
Marley said it didn’t take long for them to create the rest of the line after that because they knew what ingredients would help produce the flavors he liked. Marley notes while he liked the more tropical flavor profiles, he still has the OG gassy thing in the mix.
We asked Marley what he thought of the argument that it’s hard for a cannabis brand to be elite in the eyes of the biggest whale buyers without the real strain name and lineage on the bag. He pointed to the traceability back to the farm.
“So if I create my own, like cooking, if I create my own dish and you like my dish, and you’re gonna eat that right? Then you can go there and eat his dish, but this is my dish. This is what I like,” Marley replied.
The conversation moved on to his early efforts in California. He called Marley Naturals a family movement that was ahead of its time. He argued it was one of the first in the game to ever have to deal with licensing and royalties in the midst of our ongoing prohibition of cannabis.
305 Farms
Marley argued that Marley Naturals went through the ups and downs of any startup.
“What I learned from that is that when you come onto my herbs, it has to be my way,” Marley said. “The partners learned some things and they’re doing wonderful things with beautiful accessories. We’re developing the herb.”
He went on to subtly emphasize the difference between the two, noting it’s one thing to have something with a licensing component, it’s another thing to have something that’s your own.
Fans line up for a Lion Order in-store meet and greet.
One of the things we noted was the move to packaging that seemingly would provide longer shelf life with Lion Order compared to Marley Naturals wood-top jars that needed to be shrink-wrapped with a Boveda inside, and it was still a little rough by the time it got to the shop.
Marley explained the packaging was one of the things the family tried on a quest for sustainability that can sometimes make them tricky to work with.
“What’s tricky is like, to work with us, you have to have ingenuity and be able to create things that are following in the family guidelines. Sustainable movement, you know? So we went into the wood and learn that because, obviously, as a consumable, it takes time to get to you, the consumer,” Marley said. “You have to go to the thing, then the journey, then the travel, and so that shelf life has to be preserved a certain way in order to maintain that freshness.”
Marley argued it’s not that the herb is not good. It’s just the way to procure it, in a way to give it a shelf life, is one of the things the family has learned in their quest to be as sustainable as possible.
Marley went on to discuss what it’s been like watching legalization from the context of a Rastafari, essentially getting the right to pray legalized.
“It’s beautiful and we love it because you know, it’s different when you’re driving down the street and the policeman is behind you. You don’t panic if you got the herb. You know that it can be good. Because like, people can create a lot of anxiety over herb. But it’s not really the herb that gives you anxiety, it is the consequences. So when you alleviate that, it’s wonderful. So we’re very happy about the movement, a part of that movement,” Marley said.
Lion Order is currently popping in Michigan, expect to see it in other states in the not-too-distant future.
SB-58 Controlled substances: decriminalization of certain hallucinogenic substances.
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
SENATE BILL
NO. 58
Introduced by Senator Wiener (Principal coauthor: Assembly Member Kalra) (Coauthors: Senators Becker, Bradford, Newman, Skinner, and Smallwood-Cuevas) (Coauthors: Assembly Members Bryan, Haney, Jackson, Lee, Low, Lowenthal, Rendon, Wicks, and Wilson)
December 16, 2022
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.
(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.
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.
WE HIT THE MR. GRAY, DEPPE, DARBY, BEN DAVID SKULL IN HUMBOLDT
Imagine you are sitting in the woods of Humboldt County enjoying some of the finest cannabis the galaxy has to offer and then out of nowhere one of the most legendary pieces of glass art anyone has ever smoked out of gets put on the table.
That is precisely what happened last weekend. And not only did we get to see it, we got to hit it, too.
The skull is a collaboration of Mr. Gray, Scott Deppe, Darby Holm and Ben David. It is considered by many to be the nicest piece of glass ever created for the sake of cannabis consumption. I consider myself among that crowd. Since 2014 when Scott Deppe first posted it to his Instagram, it has absolutely captivated hash and glass enthusiasts all over the world.
It’s not just a looker, the Mothership Torus encased within the skull is an absolute ripper. I found out the hard way. This past weekend it was set up with a dual hookah hose attachment so two people could hit it at once. And back when it was first created, terp slurpers weren’t a thing yet. One might argue a decade later, the skull is in its final form as the masses are able to enjoy it with the best quartz tech to date.
And man did that tech rip. Mr. Gray loaded up a glob of hash for me to smoke out of his most legendary creation. He asked me how big I wanted to go and I said medium. As the beads of sweat started to drop down my brow halfway through, I began to get the impression that he may in fact have gone a little chunkier than a medium. The next 15 minutes were a journey through time and space.
At one point minutes after that fateful rip, I was just sitting there on the couch fried and this really nice lady came up and gave me this crazy crystal pendant and said thank you for coming up to Humboldt. I just remember trying to piece together a thank you as I sat there melting, and by the time I stood up five minutes later, I couldn’t even remember what that lady looked like. So if you’re that lady, thank you again!
Following my recovery, I stood with the crowd of folks who lined up around the skull to watch everyone rip it. It was fun to watch the expressions of people as they walked in and looked at the table mesmerized. As cool as the pictures are, it’s hard to capture the way the natural light kisses the glass — it is really something special, even on an overcast day like when we saw it. It was a really headie crowd in general. A lot of people knew exactly what they were looking at, even though it was the first time they had ever seen the skull in person.
After they took it all in, they lined up to hit it. One person noted that by the time they arrived at the party at 6:30, it seemed the skull had laid a path of destruction through the crowd. The Mr. Gray-loaded dabs had people somewhere between Mars and Jupiter.
While I was in no condition to ask him at the moment, as I headed back south from Humboldt on Sunday, I reached out to Mr. Gray to get his take on how iconic the skull continues to be all these years later.
“To most people when they think of a glass pipe, they think of a bong they use or their first spoon, but I think of something more elaborate,” Mr Gray told L.A Weekly. “ Here in Humboldt, I have immersed myself in glass to the point of no return.
Even with the full-on immersion in cannabis culture, Mr Gray emphasized this one holds a special place in my heart.
“It’s a Holy Grail every time I serve someone a dab,” Mr. Gray said of the joy on people’s faces. “I believe it elevates their mind, body and spirit, and I hope it makes it slightly easier being in these human bodies.”
Jacob from Have Hash, one of the most award-winning hash companies globally over the last year, explained how we all ended up getting to hit the skull.
“I apprenticed for Mr. Gray in between farm work when I had just moved to Humboldt, so we’re buddies,” Jacob told L.A. Weekly, “He now works with my friend Zach who does One World Humboldt, a new heady gallery that holds the piece, and I figured it would be a great opportunity to bring it out so I asked em if they wanted to.”
COLOMBIA STARTS UNIVERSAL CANNABIS HEALTH INSURANCE
Colombia’s state-funded health insurance now covers medical cannabis.
Those already operating in the country are obviously hyped as they prepare to meet the uptick in demand. Clever Leaves is one of the best positioned to take advantage of that expected surge. Clever Leaves was founded in 2016 by Andres Fajardo, a longtime business partner, and The Former Drug Policy director of Colombia. Think more of someone that ran the Office of National Drug Control Policy that falls under the executive branch as opposed to the head of the Drug Enforcement Administration (DEA).
“We saw an opportunity because the legislation was changing early on and we thought Colombia has what it takes to win in the global cannabis market, given its cost structure and agricultural conditions,” Fajardo told L.A. Weekly from Colombia.
Andres Fajardo
Fajardo and his partners were also excited to have a hands-on way to help further influence the regulations that would be coming down the pipeline and take part in an essential step for the nation’s cannabis history.
While things are happening fast, a lot of that history has long been attached to epic land-race genetics that made their way to the coastal Santa Marta region nearly 1,000 kilometers north of the capital Bogota. The most famous being the Colombian Gold that lived to its name because if the packs made it to the other side of the Caribbean, someone was getting rich.
While the laws changing in the late 2010s was certainly a factor, the core of the policy that allowed for medical cannabis in Colombia was a law from 1986.
“The law passed but the decree and the more granular pieces of legislation were not there. But they passed some, some of that in late 2015,” Fajardo explained. “The opportunity opened, we got a license, but then, during 2016 and 2017, there was a change in regulation.”
That change was the breathing room they needed to start the building blocks of a true industry in Colombia. By January of 2018, they had scored some extra capital from the U.S. and were in full swing. They’re now up to 1.8 million square feet of cultivation.
When they first got the ball rolling, they were only allowed to do extracts. But all that has changed.
Fajardo argues that most of the cannabis being grown in Colombia right now is being targeted for smokable flowers. Sure, they’re still growing the materials for extract, they’ve been exporting it for a few years already. Now it’s about prepping the next big export, smokable flower. Everything Clever Leaves needs to export flowers has already been enacted over the last two years; it expects to start exports in the first quarter of 2023.
The biggest markets off the bat for Clever Leaves are expected to be Germany and Australia.
Fajardo says a lot of the company’s growing pains were experienced in their Portuguese facility back in the day. That is where they learned the important lessons about growing smokable flowers compared to bulk extract biomass, and not the terp-heavy kind stuffed in freezers in California.
Another thing playing into their favor is, they’ll be able to grow a lot of different cannabis across their cultivation portfolio cheaply in hopes of having something that speaks to everyone.
“The cost of the Colombian capacity that we have allows us to launch more and more strains more easily than in other countries,” Fajardo said. “So we expect to be expanding our flower portfolio very significantly during 2023 and the years thereafter.”
Fajardo says Colombia’s natural light cycle and weather will play a big factor in that. The days are basically 12 hours of sunlight and darkness each, year-round, and then they just have to adapt for the drier and wetter seasons, which Colombian agriculture is long accustomed to doing.
Fajardo went on to explain what Colombian patients have had to deal with over the last few years, prior to the federal insurance plan. He believes access has been very difficult for patients, particularly in a country like Colombia, with universal health coverage. The further normalization of the industry is now allowing the industry to build up to meet demand.
But what makes being a medical cannabis company in a universal healthcare environment tricky?
“Colombian people are not used to spending out of pocket at all because everything is paid. So when you ask them to pay $6, they are OK. But if you ask them to pay 20, 30, 40 bucks, people will just not do it,” Fajardo said. “Now the question is, is the medicine going to be available and affordable? Now with this change, the market expands abruptly because it’s 50 million people, all of us insured. So that poses a very attractive possibility. “
We should have an idea over the next few months of the level of demand they can expect in the Colombian medical market.