CONGRESS PUSHES BACK AGAINST VA ON POT AND PTSD The nearly decade-long battle to get American veterans access to medical cannabis continued on Capitol Hill this week. With the exception of seeing little kids with extreme forms of epilepsy like Dravet’s Syndrome, nothing went further in changing the national conversation around medical cannabis than supporting…
CONGRESS PUSHES BACK AGAINST VA ON POT AND PTSD
The nearly decade-long battle to get American veterans access to medical cannabis continued on Capitol Hill this week.
With the exception of seeing little kids with extreme forms of epilepsy like Dravet’s Syndrome, nothing went further in changing the national conversation around medical cannabis than supporting vets with Post Traumatic Stress Disorder. This movement was a direct result of first-hand experiences with medical cannabis safety and efficacy when it came to PTSD, as more veterans continue to take their own lives. In its own 2017 study on cannabis and PTSD, the Department of Veterans Affairs (VA) noted over one-third of patients seeking cannabis for medical purposes list PTSD as the primary reason for the request, and 15% of VA patients at outpatient clinics are using medical cannabis in the last six months.
Cannabis Caucus founder Rep. Earl Blumenauer picked the fight up this week, to get vets access to cannabis. He originally started pushing the effort in 2014. In 2016, things looked great, but the language ended up getting stripped in final negotiations by then-Illinois Senator Mark Kirk.
At the time, Blumenauer noted, “It’s incredibly frustrating and disappointing that despite broad bipartisan, bicameral support, a handful of out-of-touch lawmakers put politics over the well-being of America’s wounded warriors. Our veterans deserve better. We will continue to seek every opportunity to make sure they have fair and equal treatment and the ability to consult with, and seek a recommendation from, their personal VA physician about medical marijuana.”
But things are looking up. On Wednesday, Blumenauer passed an amendment to end the VA’s prohibition on providers assisting veterans in accessing state-legal medical cannabis. Not only did it pass, it passed unanimously in a voice vote. In this heavily divided Congress, surely that is a reasonable sign of how bipartisan supporting veterans is.
After the amendment passed on Wednesday, Blumenauer told L.A. Weekly,
“Veterans in Oregon and across the country have shared with me how medical cannabis has literally saved their lives. It is a gross injustice that the VA continues to prohibit its providers from helping veterans access medical cannabis. My amendment with Brian Mast would finally allow the VA to help veterans complete forms in compliance with state-legal cannabis programs, allowing them to access a far less addictive alternative to opioids in managing PTSD, anxiety, depression, and other chronic conditions.”
Blumenauer also came out against the VA’s move to strongly advocate against medical cannabis as a treatment for PTSD this week. This recommendation came despite the VA noting some participants from its own focus groups, “spoke about the benefits of newer pharmacologic treatments (e.g., ketamine) and were interested in exploring other newer treatments such as psilocybin, cannabis, LSD, and other psychedelics.”
The VA cited that same 2017 study we mentioned before when it came out strongly against using cannabis for PTSD. But that study’s own authors noted there are very few methodologically rigorous studies examining the effects of cannabis in patients with PTSD.
“We found only two observational studies, which suggest that cannabis is potentially associated with neutral effects on PTSD or depression symptom severity, and employment status, and negative effects in terms of violent behavior, drug and alcohol abuse, and suicidal ideation,” the authors noted in their findings. “However, the strength of evidence is rated as insufficient due to the potential for bias in the two included studies in this review and the small number of controlled studies reporting data on benefits and harms of cannabis for treating PTSD symptoms.”
So how can something that notes how limited the information being used is be the ethos for the VA’s prohibition on medical cannabis for PTSD? And with all the discussion around vets and cannabis, how is this still what they are citing in the debate all these years later? How has the VA not pushed this research further in that time period?
In a letter to the VA’s leadership, Blunenauer said, “The Departments of Veterans Affairs and Defense have a long history of claiming the best interest of our veterans and servicemembers only to deny the reality of medical marijuana as a key treatment option for those impacted by post-traumatic stress disorder.”
Blumenauer went on to note the updated June 2023 VA/DoD Clinical Practice Guideline for Management of PTSD perpetuates this misguided denial of services to our nation’s veterans.
“For decades, I have heard from veterans across the country that medical cannabis has been a life-saving treatment for PTSD,” Blumensauer told the VA and DOD leadership. “I urge you to reconsider the antiquated and insufficient recommendation against the use of cannabis or cannabis derivatives in treating patients with PTSD.”
Etienne Fontan of Berkeley Patients Group and Veterans Action Council was pleased with Blumenauer’s success.
“We want to thank Blumeneur and the Cannabis Caucus for keeping true to their words to help veterans gain cannabis access via the VA. Many politicians talk a lot of talk, but very few walk the line like they have for us. We are grateful for their continued support on this issue,” Fontan told L.A. Weekly, “This has been the work of many hands and organizations to get us to this point, and we are not across the line yet. This is a significant first step in the direction that many veterans want to see nationwide. It must still get through the House, and the President must sign it, and we will remain skeptical until the process plays out fully.”
Fontan closed by noting activists have been disappointed too many times in the past with promises that never see fruition.
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.
One of the worst parts about being an internationally respected cannabis brand? The fakes.
The further you climb toward the mountaintop, the more people are going to pretend they’re selling your product or just flat-out use the reputation you’ve built with heat and flame to rob others. On a positive note, if you’re at the point people are copying you, then you’ll probably make it through the dumpster fire that California cannabis is in.
Here in L.A., where much of the weed people are pretending to have is grown, counterfeiting is still an issue. If you go down to the Vape District on Wall Street, you can find all the bags you’ll need to convince people on the other side of the Sierras you got the heat. And most of those people have never seen real Doja, Jungle Boys or Cookies, so just having the logo on the bag is going to go a long way with them.
According to Doja Pak founder Ryan Bartholomew, they’ve been dealing with people faking their product since 2018, well before things blew up for the brand over the last couple of years since the initial RS-11 drop that made waves.
“Then, we were doing the cans. Shortly after we released the cans, we started to see cans that were being tagged on IG and they were fake,” Bartholomew told L.A. Weekly. “They were different. We could just tell that the font was off. It was very obvious to us, being the ones that made the cans, they were fake.”
When they made the jump to bags in 2019, it was much of the same problem. First they started to see fake bags float around L.A., then they started to appear online. Even worse, the bags were a bit easier to fake than the cans. So it can be a lot harder to spot the difference until you look inside at the nugs.
Bartholomew noted the internet helped it become an international problem. Websites like Calipacks.co.uk are currently selling Doja Bags for a little over a quarter.
“He’s in the UK and he prints… like at this point they’re printing stuff we never even made,” Bartholomew said. “Yesterday this guy was like, are these jars in Switzerland real?”
A website offering fake Doja packaging.
Bartholomew had to inform that person the jars they were dealing with were fakes.
Doja Pak attempted to create a verification system, but as Bartholomew noted, you got to be pretty headie to scan a QR code on the back of a bag. Doja handled the back end of the verification system and could see just how much people were interacting with it.
“Beyond the fake product, too, there’s a lot of scam accounts,” Bartholomew said. “There’s Instagram accounts with more followers than mine, Instagram accounts with the exact same amount of followers as mine with the exact same comments, but they have maybe like two K’s”
Bartholomew has people that come up to him all the time at events and they’ll tell him they sent money for an ounce.
“I’m not asking anyone to send me any money,” he said. “So there’s constant scamming going on every single day. I’ve been saying if we could see the dollar amount of scamming going on every day it would make us throw up in our mouths.”
Bartholomew estimates there are at least one hundred people pretending to be Doja Pak on the hunt for victims.
One thing that’s been helpful is unique packaging. Doja Pak’s Re:stash has become a unique identifier of the brand you can only get in person at events directly from the Doja Pak team. Additionally, they don’t have to worry about the Re:stash team printing a bunch of fake jars to give out, given the relationship they’ve built with them over the years.
Another famous L.A. brand that’s faced its fair share of fakers is The Jungle Boys.
“I mean we’ve definitely dealt with it a lot,“ Ivan from the Jungle Boys told L.A. Weekly from Florida, as they prepare to open their Miami Beach location today.
Ivan said more than fake products alone, these days people are faking the whole entity. There was even a fake Jungle Boys store across the street from City Hall in New York City. There was also another underground dispensary using their name in a less prominent location. Ivan finds the whole thing pretty wild.
One thing that will help the Jungle Boys distinguish themselves from the fakes is their new packaging released last month. The new jars are BPA-free and made from 100% recyclable plastic. They’re currently handpicking strains to make the jump to the new jars. The first was Strawberries N Later.
The world’s first Phase One clinical trial investigating the microdosing of LSD showed promise.
During our recent adventure to Microdose’s Wonderland festivities in Miami, we were hit with a mountain of data from another massive year in psychedelic science. Still, MindBio Therapeutics’ clinical work with LSD microdosing was undoubtedly among the most fascinating.
For those not in the know, the clinicians who conducted the research define microdosing as the repeated administration of psychedelics, such as lysergic acid diethylamide (LSD) or psilocybin, in doses below the threshold for overtly altering perception.
Why would researchers want to look into this? Because it’s all the rage of course. But as the trend continues to blow up, science is yet to back a variety of microdosing claims. Even more so in regards to LSD than the very popular and more accessible psilocybin mini trips.
Back in May, MindBio Therapeutics’ parent company Blackhawk Growth noted at the completion of the trial MindBio was still the only organization in the world to have successfully obtained government approvals for a doctor to prescribe LSD to patients to take the drug unsupervised in the community.
“In the same way they would take any other medicine,” the company noted.
The study was led by the University of Auckland. Associate Professor Dr. Suresh Muthukumaraswamy was among those who presented the findings to their psychedelic peers in Miami. Here is a breakdown of the protocol they used.
After finishing the trial in late spring, MindBio would comb through the data collected from 80 participants from over the course of 12 months and 1,102 microdoses. The daily questionnaire showed credible evidence of increased ratings from participants in energy, wellness, creativity, happiness and connectedness on the dose days. The actual doses were 14 ten micrograms of LSD.
A usual dose when you’re looking to have a deeper experience is about one microgram per kilo of body mass. So the 10 microgram dose is enough to get someone that weighs 22 pounds to trip hard. That being said, the first doses were administered under supervision. Once everything was found to be OK, the trial participants administered the rest of the doses at home on their own.
Sometimes the doses had a bit more kick than the participants expected, but most of the time it was not enough to be an issue,
“Many of those surveyed reported experiencing these effects at least once, but few reported them occurring after every dose. Other reports note that negative effects are largely acute and rarely persist in the long term,” the researchers wrote.
There were incidents of adverse events. The number of people in the LSD control group who experienced jitteriness was nearly one in three. While in the placebo group, 7.5% of participants claimed the same thing just at the idea they might have just taken LSD.
But again, the positive results far outweighed a little bit of jitteriness. MindBio was already planning the Phase Two clinical trials well before they released the data. They are hard at work in their attempt at becoming the first to commercialize a psychedelic microdosing regimen.
“We are proud of the incredible work of our scientific team and the completion of this great milestone as we head toward developing game-changing treatments for mental health conditions,” said Frederick Pels, CEO of Blackhawk.
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.
CURE ACT WOULD OPEN FED JOBS TO FORMER POT SMOKERS
The House Oversight and Accountability Committee moved forward with a bill that would expand federal employment opportunities for people who used cannabis at some point in their lives.
The Cannabis Users’ Restoration of Eligibility Act passed the committee in a 30-14 vote. It would allow federal agencies to consider applicants with a prior history of cannabis use when they are making employment and security clearance decisions.
NORML, the nation’s oldest cannabis reform organization, praised the move by Congress.
“Applicants for federal employment and security clearances should not be unfairly disqualified solely for their past cannabis use,” NORML’s Political Director Morgan Fox said. “While it is disappointing that the committee did not see fit to stop federal agencies from discriminating against those responsible adults and patients who are current consumers of cannabis, this legislation will nonetheless open up new opportunities to millions of Americans, increase the talent pool available to federal employers, and ultimately make our country safer.”
Fox went on to note many agencies are already reducing the impact cannabis use has on their hiring processes.
“The Office of Personnel Management has similarly recommended that all federal agencies limit the window of time during which one’s past cannabis use is considered for denial of employment,” Fox said. “And a growing number of states are taking steps to protect the employment rights of responsible cannabis consumers and increase the opportunities available to them. Congress should do the same, and this overwhelming bipartisan vote today shows that lawmakers on both sides of the aisle are moving in the right direction.”
After the FBI loosened its policy on marijuana smokers in the summer of 2021, it famously said that smoking marijuana more than 24 times would disqualify potential candidates. As Marijuana Moment noted at the time, there was no explanation of how the FBI got to that number. Use prior to someone’s 18th birthday would not disqualify them, so you had to have broken the law 24 times as an adult.
The concept of opening the door for more people with a history of cannabis use is nothing new, but a decade ago in the months after Colorado and Washington kicked off our grand legalization experiment, it was a little “too soon” for some lawmakers. Then FBI Director James Comey joked to Congress that the amount of people who smoke weed these days is making the hiring process a bit trickier for the nation’s chief law enforcement agency,
“I have to hire a great workforce to compete with those cyber criminals and some of those kids want to smoke weed on the way to the interview,” Comey said at the time according to The Wall Street Journal.
While still a senator, Jeff Sessions got mad at Comey claiming his words could be construed as something supportive of cannabis use. Comey clapped back that was certainly not the case, but his hiring reality, and he was determined to not lose his sense of humor regardless of how serious a job it is to run the FBI.
Gallup noted in 2021 nearly half of all Americans have smoked marijuana at some point in their lives. It seems like preventing half the population from getting a government job is absolutely madness. As more and more states move forward with legalization, it will become even more unsustainable to prevent our best and brightest from serving their country in some capacity because they smoked a little bit of cannabis.
Hopefully, the CURE Act will continue on its path through Congress and onto the president’s desk, to give these people a shot at doing whatever they see fit in service to the rest of us.
VIBES AND THE LAST PRISONER PROJECT DROP RELEASE PAPERS
Vibes and The Last Prisoner Project are releasing a new line of papers advocating for the release of cannabis prisoners.
Founded by Cookies co-founder and rapper Berner, Vibes has carved a place for itself in the higher-end rolling paper scene traditionally dominated by Raw’s unbleached papers and Elements. Regardless of how difficult it is to truly claim a chunk of the rolling paper market, Vibes was able to pull it off. A variety of sizes and offerings you just don’t see from the competition also helped put the company on the map.
Vibes will now turn that energy to aid the Last Prisoner Project(LPP). At the end of July, Vibes and LPP launched Release Papers in collaboration with the creatives at Mother. The papers now serve as the heart of an advocacy campaign looking to push the continued release of cannabis prisoners.
“So many people are still locked up with lengthy sentences related to cannabis. While at the same time, so many states have made up their mind that cannabis should be legal, and those states are where those people are still serving time, which makes absolutely no sense,” Berner said when announcing the effort. “Campaigns like this are part of who I am, we have to speak up, stand next to and support causes like Last Prisoner Project. I’ve helped raise awareness for Richard Delisi, Corvain Cooper and soon, Robert Deals. There are so many more people to fight for, and I need your help to fight for their freedom.”
The collaborators went on to note 72% of Americans support cannabis pardons for the numerous folks serving time for nonviolent cannabis offenses.
The general ethos of the campaign is to use RELEASE PAPERS as an educational tool that will also get the public to engage in advocating for those still behind bars. The papers will include the name of one of the four prisoners featured in the pack. They are:
Edwin Rubis, currently serving a 40-year sentence in Talladega, Alabama, for a victimless offense
Hector McGurk, serving a life sentence in Victorville, California, without the possibility of parole for a nonviolent marijuana offense
Moe Taher, sentenced to 25 years in prison in Welch, West Virginia, for selling cannabis
Ricardo Ashmeade, serving a 22-year sentence in Pollock, Louisiana, for a victimless offense. Despite a reclassification of a California conviction from a felony to a misdemeanor, the federal courts have refused to resentence him.
The collaborators noted inside the pack people will find a QR code directing them to release-papers.com. The site gives supporters the opportunity to sign the Cannabis Clemency Now petition urging President Biden to release federal cannabis prisoners. Site visitors also will be able to participate in the letter-writing program supporting the featured inmates.
I work at a dispensary that used to organize letter-writing campaigns for Eddy Lepp, one of California’s most famous medical cannabis prisoners. He always notes how thankful he was when mail call came and it showed how much people cared about his fight. It’s not unreasonable to think the same could be said for the four prisoners featured in this campaign.
“Vibes Release Papers are helping illuminate the injustice our constituents continue
to face, even as more states legalize cannabis. President Biden has the power to right
history and free Edwin, Hector, Moe and Ricardo with the stroke of a pen, says
Stephanie Shepard, LPP board member and director of advocacy. “We are grateful to
have Vibes join our fight, as we keep advocating until everyone still incarcerated for
cannabis is fully free.”
A portion of the profits also will go back to the Last Prisoner Project to support its efforts in calling on President Biden to grant clemency to the tens of thousands of individuals currently incarcerated due to federal cannabis-related convictions.