FAKE CANNABIS PACKAGING PLAGUES INDUSTRY 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…
FAKE CANNABIS PACKAGING PLAGUES INDUSTRY
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.
Ted’s Budz Co and its stable of heaters are prepping to take over the roof of Cookied DTLA this weekend.
This will be the second annual edition of Ted Fest and the biggest ever. Ted’s is moving to a model where it’s going to start hosting its own events more, to give the brands the company is distributing a chance to get out into the community without getting taxed by event producers. This edition will feature The Gooniez, Super Dope, Blackleaf, Zatix and a host of other SoCal heat cultivators.
We sat down with Ted this week as he was preparing for the festivities Saturday night from 6 p.m. to 10 p.m., at 921 Venice Blvd.
“I’m going to start throwing events myself instead of going to other people’s events since we distribute for so many really good cultivators and really good brands,” Ted told L.A. Weekly. “Everyone that I worked with works really hard. It’s hard to get them to come out because they’re so stuck in daily tasks.”
Those little things that keep the farmers he works with busy are what make the difference between Ted’s and a lot of other distributors. With the exception of cup winner verticals that are distributing themselves, it is hard to point to a distributor with that level of Ted’s quality across the menu all the way through.
And as we see the big dogs of California cannabis fall, small boutique distros like Ted’s that specialize in quality high enough to hold the line with its other products are faring better and better as time goes on. Just this week we’ve seen distros picking up some big brands from all the fallout from closures.
One of the things that pushed Ted to throw more parties is the ability to curate musical performances. He tried to perform or push his friends’ music to a lot of cannabis events over the years.
“Everyone’s like, no, no, no, I’m like fuck it, I’ll throw my own,” Ted said. “And then you have so many lounges and shops that are like begging us to come out and do events. When we do takeovers, they are not like anyone else’s event. There is a good amount of people that come out when we do strain releases. So I mean, that’s kind of what we’ve been on.”
In addition to those lively happenings, some of the collaborations Ted’s Bud Co has lined up are starting to gain steam. Two of the most prominent are offerings with Lamar Odom and Birdman of Cash Money Records. Ted said Cream City’s CEO, Lil Ki, was instrumental in helping land the deal with Birdman.
“Those are just things that were kind of thrown into my lap,” Ted said of the collabs. “If it wasn’t for my buddy Ki, the Cash Money collab wouldn’t be the one that was thrown my way. He knows that I’m probably one of the most solid people to start a brand with, as far as an influencer.”
He noted lots of influencers he ended up working with because they had previous bad experiences.
“They ended up coming over because, I mean, I’m more straightforward,” Ted said.
One of the things Ted is most excited about is an upcoming drop from gear he got from Wyeast Farms. Wyeast provided a lot of the gear that backboned Compound Genetics before the split. Ted scored a super exclusive drop Wyest in collaboration with Oregon Elite Seeds.
He’s currently searching through the new gear for winners.
“I was really in love with his Cold Snaps. I was really in love with Horchata and Apricot Gelato. You know, I’ve always been a fan,” Ted said of Wyeast. “Now I finally got my hands on some of those seeds. I’m looking forward to having these cloned and flowers. I’m looking forward to that and bringing some different shit because I mean, right now, the industry is kind of on a superduper candy wave, but I can see it going back. They’re looking for something different as we speak and the market is changing. People are looking for that fuel again.”
Fig Farms continued its 2023 run of excellence by winning two out of three flower categories at the High Times SoCal Cannabis Cup.
The victories came in the Indica and Hybrid categories. Animal Face won in the hybrid category after winning best indoor flower at the 2022 Emerald Cup. Blue Face won the Indica category a few months after winning both best indoor flower and best indoor at this year’s Emerald Cup. This is just further validation for the work Keith and Chloe Healy are doing with their team of monster growers in Oakland.
The Blue Face took home two top prizes this year and is absolute rockstar cannabis. Fig Farms describes the aroma as a combination of acetone, tree bark and pickled ginger. The Animal Face that took home the top hybrid is absolute gas and fuel terps. I judged the hybrid category it won. I saved the Animal Face for last to see if anything would top it. Nothing did, but the same could be said for the 20 Emerald Cup flower judges who didn’t see a strain or farm when they picked Blue Face, just the heat in the jar and a number. Regardless of mine being labeled, we came to the same conclusion on Fig’s different flavors.
Animal Face
Fig Farms finds itself among a small group of people who have been holding strong in certain contests for the last few years. It raises the question from others as to whether these contests are even worth it. Do they matter?
“They do for sure. We got offered space in Oakland the next day after we won the Cannabis Cup,” Keith Healy, Fig Farms founder and CEO, told L.A. Weekly.
They were negotiating on an Oakland location and one in Sacramento.
“The day after winning we got offered the Oakland space,” Healy said. “I wouldn’t have been as confident to perform. I wouldn’t have been as confident to pull it off.”
Fig has been selective in the contests it has entered in the years since that win. But after winning The Emerald Cup earlier this year, it returned to the Cannabis Cup for the first time since that 2017 victory that changed everything. Fig was certainly thrilled with the results of its comeback.
“To win two out of three was just mind-blowing and honestly confusing since, like you win the Emerald Cup and High Times, trying to explain to somebody like a stranger that these things aren’t easy,” Healy said emphasizing he doesn’t have the confidence of being some egomaniac.
The catch-22 of that lack of confidence Healy claims is that he only enters his absolute flame. By the time he’s convinced it’s fire, it probably is, as opposed to someone that needs that new hype strain to keep their thing going. So it’s easy to understand why everything they entered this year, in everything, did so well.
Blue Face
We asked Healy which of the accolades the farm has received in recent years meant the most to him.
“I think being on stage with Chloe while she was pregnant at the Emerald Cup win in 2022 was pretty incredible because that was the first time that I’ve been able to share a stage with her,” he replied.
Healy went on to note that another thing that has made each win special was the timing. Just like the 2017 win got him into that new space, these other wins have each meant something in the moment.
“Every single one has come at a time when I needed it,” Healy said. “That kind of time where it’s like the confidence to push forward on the next task, whether that’s building out more space or it’s just the confidence to keep doing what I’m doing.
The High Times win meant a lot to Fig because it was so different from the win at The Emerald Cup. High Times is essentially people’s choice compared to the expert panel The Emerald Cup brings in for judging. We joked with Healy about how many cup kits he bought, he laughed and noted just one to try the other flavors.
Despite their continued dominance, Animal Face and Blue Face need to keep an eye on their shoulders. Fig recently worked with Zeclair and their whole catalog. We got to check out the pheno hunt a few weeks before it was chopped down. Everything was absolute heat and you can expect some crazy Z terps from Fig Farms soon.
Cannabis operators have faced the short end of the stick time and time again in the legal marketplace, but leaning back on the Drug War tactics of prohibition is never the answer.
The plague of operators who have never smoked heat in their lives bashing people who never got the shot they wanted in the marketplace continues to grow. Most of the time, the people taking these shots at the traditional underground market are well-funded operators. They use “enforcement of the law” as a catch-all phrase to narc on the streets from state to state. The lack of enforcement, as they see it, is the root of their headaches. This is regardless of their product quality.
It’s a lot easier to blame someone else to your investors. Those who have been participating in cannabis markets the longest have become the target of that ire. In the worst circumstances, they’d try and convince you all the cannabis grown outside of the legal marketplace is loaded with pesticides that will kill you and sold to you by an international drug trafficking entity. Sure, there’s some nasty weed and sketchy folks in the mix, but painting the entire marketplace with that brush? Sad. Disingenuous. So many things come to mind.
But here in California, those painters may have pushed us into a new era of enforcement that’s going to bring us back to something a lot closer to the dark ages of cannabis. California’s legalization rollout has gone less than ideal. The original plan to transition the underground market to a new regulated one changed quickly following legalization.
In the merger of Prop 64 and the state’s forthcoming medical cannabis regulations that would have gone into effect had Prop 64 failed, certain protections for small farmers were lost. The biggest was the prevention of the permit stacking that led to the mega farms that priced mom and pops out of the game on both sides of the market.
There is a sublayer of people in all this that pretends to hate the underground market while backdooring products from mega grows through sketchy distribution companies. These distributors are the plausible deniability between you and your weed in New York, should shit hit the fan. The mom and pops getting hit the hardest by enforcement this summer rarely will have access to such wider distribution networks technically tapped into the legal market.
The mechanism for this shitty deliverance will likely be the new Effort to Prevent Illicit Cannabis (EPIC) program. The program is essentially a rebranding of the state’s 40-year-old Campaign Against Marijuana Planting (CAMP). A major difference will be the way the actual enforcement efforts are directed.
Attorney General Rob Bonta noted when announcing EPIC that his reforms would be focused on the environmental, labor, and economic impacts of illegal cultivation. Much of the resources directed to CAMP went to monitoring the national forests of Northern California for grows during the peak of the growing season, but the EPIC program will have a permanent presence going forward.
One aspect of the program is the fact that it’s expected enforcement on unlicensed gardens located on private parcels will pick up a lot this year. As it destroyed 30 million cannabis plants over the decades, many times there wasn’t anyone in the forest to charge. With the move to heavier enforcement on private parcels, we’re bound to see more people facing legal trouble.
It’s being viewed as a double-edged sword by many up north. As they hear of the risk of enforcement, many laugh, presuming it can’t be anything compared to what they faced during the hardest era of enforcement up north. They also expect the enforcement will see prices bounce back up.
It might have never gotten to this point of increased enforcement had the farmers had a real shot in the first place. And as the last 40 years have proven, you can’t enforce cannabis out of California, especially when it’s more popular than ever.
The Legendary cultivators are prepping for their first Illinois drop and gave an update on their return to California
Few things have been more devastating to the California top-shelf cannabis smoker in recent years than the night IC Collective burned down in July of 2021. We caught up with founder Ben Brown as he prepares to enter the Illinois market and return home when possible.
Backboned by Brown’s links to the Chem Fam, the network of famous OG growers that ran the Chemdog strain found by Greg Krzanowski in Massachusetts over a quarter century ago, IC Collective was famous for having the gas. Over the years, Brown collected a variety of killer flavors he would pair with the Chem and each other. The results would start filling their trophy shelves in 2013 and lead to their famous mantra, “We run on fuel.”
In a world of dessert weeds and new equatorial concoctions that breeders pray may end up the next cookies or Z, most still associate the most potent marijuana in the world with that petrol or fuel smell that much of IC Collective’s catalog possessed in spades. And even the things that weren’t fuelly smelling were notable representations of whatever they were. I stand by the statement the best Zkittelz I ever saw that wasn’t grown in Mendocino was grown by Brown.
Despite the large volume of cannabis being grown in California, there are only a dozen or so cultivators that can compare to IC Collective. Hence, even with all that other weed, the void they left behind was massive. Especially given how few other people in that dozen actually specialize in fuel.
But things are looking up. After a massive 1800-seed pheno hunt of gear Brown has been working on or hoarding for a decade, they are ready to send their first product to retailers in over two years. In the end, it looks like there will be about a 26-month gap in production.
“I think our last delivery was July 2? Or July 1 2021. And then we burned down on the fourth. Two years dude,” Brown told L.A. Weekly. “The only thing I say that at that building was some mom plants.”
Thankfully the 12 strains he was able to rescue were some of his bangers. But not all made it, the Ziablo that was winning a lot of stuff was among the fallen. But Brown pressed on with what he was able to save until he finally got his Illinois rooms going.
IC Collective got the permit for Illinois a week after the fire in Oakland. Needless to say, the week between was one of the more stressful of Brown’s cannabis career. As the pound price has crashed in California, we asked if he ever considered throwing in the towel in The Golden State, despite the presumption it’ll eventually be the production capital for the global connoisseur class of smokers that buy top-shelf products from people like Brown.
He emphasized he’s plenty familiar with the challenges of California. But he’s one of the people that grows fire that’s good enough to deal with those headaches.
“We did the same amount of money every year because we didn’t have the funds to build outright,” Brown said. “So I know that challenges in California, like how expensive it was. Even though we were successful, we really didn’t make any money or be able to progress our situation. So I was constantly trying to get better. Get my situation better in California. So that’s how I got to Illinois.”
When the firefighters let Brown rescue his plants the next day, he was but one of over 400 applicants hoping to cultivate in Illinois. He didn’t know how the next week would play out.
“And so that was like a long shot, and then I had already been trying to get a bigger building in California. And on the 15th, we won the license. So July 15, 2021, 10 days later, we won the license in Illinois, and then later that night, I got approved for my conditional use permit for another town in California,” Brown said.
Coming Home
That town was West Sacramento. He just needs time and revenue to get back to doing it properly in California. Come early October, he’ll have both.
“I have the building, I have two licenses for distro and manufacturing. I have building permits. I have half of the equipment. Like it’s a real thing,” Brown said, “It’s just you ask the question like you, you watch this, the 2021 market, and yeah, I’m scared and I think we can do it right.”
Brown said anyone who can make it in California can make it anywhere since they’re basically selling bottled water next to a waterfall and still surviving.
“But yeah, it’s hella scary to come back to work here,” Brown said. “And before it was just all me, everything I work for I dumped in, and now I have supporters and like if a fear of disappointing other people, you know, or like failing is the ultimate fear for me. So we are slow rolling California, but I mean, I was just on the phone with the municipality the other day telling them that we’re still in the game.”
When asked if he expected to have the gassiest weed in Illinois come September, Brown replied, “1,000%.”
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.
There are few people on the planet that love hash as much as Ashley Gaetrig, co-founder of one of the top hardware companies in solventless hash, IceExtract.
I’ve had the pleasure of judging solventless at The Emerald Cup with Gaetrig for the last couple of years. It’s easy to presume she brings the same focus levels to all her work as she does judging the world’s best hash.
Much of the time over the years she made the hash she was smoking alongside her husband Eric. She emphasized it’s a shared journey. The affection for hash she shares with him proved a major catalyst for where their lives ended up.
The pair started growing in Michigan for personal use 20 years ago. Eventually, the medical laws passed and they decided to take it to the next level as caregivers.
“Then we got some patients and we were growing the weed for them and basically charging them really cheap prices, $100 an ounce,” Ashley told L.A. Weekly. “That was on top of what we gave to them for free. And then they were buying the crap out of it. And then we realize that, like, oh, this is like crazy. So I started growing larger amounts to supply the dispensaries.”
Eventually, the pair would go on a trip to Amsterdam. While they were there, they tried the Sublimator Vaporizer.
“What it did was destroy our taste for flowers,” Eric said. “Because when we came home from Amsterdam, we started rolling joints again and it just tasted like we were smoking ashtrays. So then we started extracting our trim so that we could smoke hash.”
From there they attempted to research as much as they could in 2013. They started to learn more about how to dry the hash.
Some hash made by Ashley and Eric.
They started microplaning the hash onto parchment paper and drying it in the fridge. Microplaning is just breaking down the hash into a thin sandy looking layer that will release the moisture more efficiently and evenly in the early stages of drying it out, as opposed to the big chunks you get in spoonfuls out of the bag.
“And we found out that was one of the best ways you can make hash. We fell in love. We haven’t gone back,” Eric said. “We haven’t smoked flower since then. We’ve been strictly nonsolvent hash smokers for 10 years.”
In 2015 the pair would head to L.A. for the cannabis cup and enter, despite living in Michigan. They got to L.A., but the package was yet to arrive. The pair started to freak out a little bit. Eventually, it did arrive. The pair would unknowingly jump in the car to their future home Marietta, where ICEExtract is now based from.
When it was time for the awards show, they ended up winning the SoCal cup that year. Development on the bags started immediately.
“And then after that, we started making bags basically. My first sale was in 2015 to 3rd Gen at the High Times Cannabis Cup in Michigan in Flint. He bought a set of 20-gallon 8-bag kits,” Ashley said.
In preparation for their next cup, the entry was caught in the shipment to Denver. They would end up getting raided a couple of weeks later. They’d already started looking at bag material samples earlier that winter after the L.A win. This forced them to put their foot on the gas with the bags. They sold their cars and put their life savings into the company, financing one car so they could drive to and from the manufacturing facility.
They would spend two and a half years in Michigan getting the ball rolling on ICEExtract and finishing probation. Eventually, they made the move to The San Francisco Bay area. That was when they made the jump into producing larger commercial-grade extraction equipment and not just bags.
After the CA move came the big hardware used to was the trichomes from plant material into the bags.
“We were sentenced to two years probation. But since we were good boys and girls, we got off early,” Ashley said. “It’s so funny because like a month before we got off, we weren’t even supposed to leave the state without permission for business release right? And we went to Chalice for the last one. I was there and like, literally took a dab and basically almost had a panic attack because I thought like I was gonna get caught.”
The pair noted that toward the end of probation, they knew they had made it when Cookies cofounder Jigga hit them up for some lessons on doing proper extractions. The lessons went great; they said they weren’t sure who was more nervous, them about the meeting or Jigga because he’d never made hash. It was another example of just how welcoming California was to the then-Michigan company.
Things certainly worked out. But it wasn’t some dice roll, it was effort- and perseverance-based.
We asked the pair what it’s like to see the risks they took before coming to California work out for the best? Ashley quickly replied it was amazing, the way things played out reminds her of all those speeches her mother gave her in her youth about being able to do whatever you want in life if you apply yourself and work hard.
“And that’s essentially like what Eric and I did, every hurdle that gets in our way, we keep pushing it down and keep moving forward and trying to push the envelope for machinery and equipment,” Ashley said. “That is essentially why we wanted to start making the bags. Because like, we wanted better equipment.”
The little tweaks included making the bags a little shorter so they didn’t sit on the hash. That gives it the best shot to be as pristine as possible. They also made the bags a bit more durable than they were seeing in the marketplace.
Ashley emphasized they just paid attention to detail.
“How can we do this and make these the shit, basically,” she laughed. “When we make and manufacture the equipment. Our goal is to make the best quality out there and it will never change as long as you know, we’re here at the forefront of ICEExract.”
Eric went on to note even with all the success, it was hard to not be a caregiver anymore. They were giving out a lot and it helped many sick people. Having that right taken away from him was one of the hardest things for him to adjust to through the whole process.
“I had to explain to him now instead of us helping just 12 patients and the people that buy our stuff at the dispensary now are helping the whole world like make clean our product and essentially we’re helping more people,” Ashley said. “So at the end of the day, he’s looked at it as being a win whether or not we were directly interacting with patients or not.”
The world of solventless hash is a much wilder monster than it was in 2015. These days, solventless reigns king. They’ve seen the growth as a whirlwind. It was almost like ICEExtract grew with the changing of the times as Ashley sees it.
With the rise of solventless came the fall of BHO. Even world champs say there is no month in it for them anymore. We asked the pair if they ever expected Butane Hash Oil to fall off this far, especially given there are some terpene profiles that just won’t produce through solventless extraction.
“I bet for sure, 100%,” Ashley replied. “Even though a lot of people in the beginning or a lot of the BHO people are like, oh the yields aren’t there. But the health craze is already coming into effect. Where people are more health conscious and stuff, especially here in California and not as much in Michigan. But I think that’s why respect for hash is a little bit greater out here, too.”