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THE WEED, SEX, AND CHOCOLATE GUIDE 2023

The Weed, Sex, and Chocolate Guide is back to help you with your quest to enhance the Valentine’s Day festivities.

Weed is one of the greatest Valentine’s Day gifts of all, regardless of your plumbing. You can buy it for the person you started dating last week or last decade and you never have to worry about it being too over the top. Not the lube, but the other stuff. 

We’ve always used this list to highlight the chocolate of the moment. We’re also trying to include plenty of new faces this year, but you’ll certainly recognize a couple of OGs that just have it down. Nevertheless, we’re sure this lineup of cocoa in all its glory produced all over California will fill the air with, at the very least, a love of weed chocolate.  

The Weed

Alien Labs – Super Silver Haze x Xeno

The pheno of SSH x Xeno that we tried was probably the haziest American thing we’ve ever had the chance to sample. It tastes more like something from Europe than Sacramento. I think the thing that shocked us the most was just how overpowering the Haze terps were over the complexity of Xeno. A lot of people would argue hazes are some of the best sex weeds with the exception of this dominatrix I knew from San Francisco who said Blue Moonshine. But I think she just wanted a heavy indica to make it easier to tie people up. 

Symbiotic Genetics Rosin

Courtesy of Kalya Extracts

Symbiotic Genetics is one of the most stored seed companies of the decade. In addition to its genetics taking top honors at Chalice, its work has dotted podiums all over the world for years. I even saw some Mimosa grown in Africa that would be competitive. As luck would have it, the amazing flavors are now available in hash made by some of the world’s best extractors. Keep an eye out for their work with Royal Key Organics and Kalya. 

The Chocolate

Fig Farms – High Flyin Chocolates

Courtesy of Fig Farms

The first-ever Emerald Cup indoor flower champions are diving into the world of edibles with a new chocolate offering. Made from the same quality material that’s taken home a podium spot in every contest it has ever entered, you’ll certainly be able to feel the difference. But the actual flavor of the Cookies and Cream rosin-infused chocolates is spot on, too, with no weedy flavor to it at all. 

Oui’d Confections

Courtesy of Ouid

Is another rosin chocolate starting to make waves, Ouid is owned and operated by Michelin and James Beard Award-winning chefs Matthew Kim and Matt Rowbotham. The pair strived to bring their high-end cooking experience to the world of cannabis edibles. They argue that they are putting out restaurant-quality confections and it would be hard to say otherwise. Ouid Confections is available all over Los Angeles. 

Cosmic Cookie Dough

Courtesy of Cosmic

We covered the tale of Cosmic Cookie Dough last year, and they remain one of the easiest ways to please vegan edible lovers. If you want to show your vegan lover you care, bake some up for the holiday or just bring two spoons and raw dog it. There are no eggs, so you don’t have to worry about food poisoning. 

Punch Edibles

Courtesy of Punch Edibles

Punch always has a Valentine’s day offering, but this year, the new half cookie bar is definitely our pick. Punch is a company that was made famous during the medical era for its potency but had to fall back on quality alone once the value buying aspect of cannabis edibles was lost to the 100mg THC cap that came with Prop 64. This year the company celebrates a decade of getting Southern California lit with its exceptional edibles. 

Native Humboldt

Courtesy of Native Humboldt

Want to get your V-day chocolate from a women-owned farm in the heart of The Emerald Triangle? Look no further than Native Humboldt. The bars are filled with the quality and love of the game it takes to be a survivor up north these days. With so many farms devastated over the past few years up north, it’s important to support the farmers up there when you get the chance, but we’re not telling you to buy it out of sympathy. It’s great chocolate. 

Jelly Wizard Magic Morsels

Courtesy of Jelly Wizard

We have been a wizard gang since the moment they entered the recreational market. We were literally standing at the booth smoking a blunt with them when they made their first legal sale at Kushstock a couple of years ago. While the gummies helped put them on the map along with some killer hash and flower, do not sleep on Jelly Wizard’s chocolate offering. You can truly taste the hype in The Magic Morsels. 

The Sex

Flora + Bast Aphrodisia Intimate Arousal Oil

Courtesy of Fiona + Bast

The dual purpose oil is designed for both topical and edible adventures in the bedroom. Now is the $77 price tag steep for 1,700mg CBD and 1,000mg CBG? Maybe that’s just the cost of great cannabinoid-laced sex these days. Flora + Blast note when applied topically it makes you slippery and stimulates the libido. If you eat it, the CBD makes your Valentine’s Day hookup less regrettable. The oil also comes in a Sex System they call “the kit” (not my quotations) because why not, right? That set features a QR code to download the book “Becoming Cliterate” by author and sex educator, Laurie Mintz, Lelo’s sonic massager Sona II Cruse and the Aphrodisia Oil for $149. 

Lavinia Oh.Hi Lubricant

Courtesy of Lavinia

In one of this year’s list’s most heartwarming tales, here is Lavinia’s backstory that I couldn’t possibly word better:

“The brand was founded in 2021 by Katie Enright, a former celibate studying to be a nun. In a quest to help herself and others obtain easy, powerful, multiple orgasms, Enright began by studying cannabis and sex, and created her first product for herself, then for friends, then friends of friends. After an earth-shattering orgasm, Lavinia’s first product, oh.hi, was born.”

The company claims the THC and CBD-infused lube increases blood flow for heightened sensation when applied vaginally or for Valentine’s Day butt stuff. Oh.hi is latex friendly, glycerin-free, glycol-free, paraben-free, hypoallergenic, unscented, unflavored, and 100% vegan. It’ll take about 15 minutes to work, not the slippery part, the weed part. Oh.hi is available at dispensaries all over California. 

Photo: Molly Keesling

WOMEN IN CANNABIS REMEMBER BROWNIE MARY 

For this week’s Women in Business issue, we reached out to the ladies of the cannabis industry to see what Mary Jane Rathbun, more famously known as Brownie Mary, means to them. 

While Brownie Mary was most famously an activist providing thousands of brownies for San Francisco’s AIDS community in the 1980s and 1990s, it is important not to disenfranchise the fact she was one of the early female entrepreneurs of the game, too. After decades as a waitress, she started selling brownies in the 1970s to make an extra buck. She would go on to help a lot of people, too, but for the sake of this piece we were celebrating the business side of things. 

These days, Lauren McNaughton is the director of brand marketing for Kiva and Lost Farms. In a past life, she helped build one of the largest infused baked goods companies California will ever see, Korova. McNaughton spent the tail end of the 215 era delivering boxes of cookies and brownies out of her trunk and being the boots on the ground for arguably the most bang-for-the-buck edible company ever in California.

“She was a beacon of compassion, activism and heroism,” McNaughton said of Brownie Mary. “Foundational to Prop 215, Brownie Mary represents the entirety of what built this “industry.” Compassionate care, not for profit. Not to mention the roads she paved for women in the industry. What an incredible influence to help guide us on this ever-changing landscape. And don’t get me started on what she meant to me when the beginning of my cannabis career was literally serving up brownies out of the trunk of my car.”

Cara Cordoni is the host of Dirty Bong Talk. She was also very connected with many of Rathbun’s surviving friends before she made the move to Humboldt from San Francisco. She spent countless hours with Brownie Mary’s peers from the fight for Proposition 215.

“Loudmouth for love, that’s one way I think about Mary Rathburn,” Cordoni said. “I love that she swore like a sailor! And my heart always aches when I think about her losing her only child, and then years later calling all her patients ‘her kids,’ mostly young men dying with AIDS, many of whom had been abandoned by their families. Compassion in action.”

Cordoni noted that as much as we celebrate Brownie Mary and as much as she was respected during her life, her end days sounded sad. 

“The last bit that haunts me, and I’d be curious to find out if it’s true, is that it’s widely understood that she actually died alone. That she ended up in the hospital and her friends didn’t know. I hope that is not factual.” Cordoni said, 

Jeany Zhou, the buyer and assistant manager at Berner’s on Haight, noted the San Francisco and then wider industry adopted her idea of compassion at The Hemp Center and donated cannabis to those who needed it.

Zhou went on to note, “The Brownie Mary Democrat Club is very active in the community and best represents her name; lobbying for safe cannabis access, shaping cannabis regulations, and educating the importance of cannabis and its properties.”

One of the greatest honors she has had since her passing was having the restoration of compassion programs in the age of legalization. The Dennis Peron and Brownie Mary Act was signed by Governor Gavin Newsom in 2019. It created a mechanism for dispensaries to legally give away product to sick people without having to pay a bunch of extra taxes.

The act has now facilitated millions of dollars worth of medicine being distributed to California’s low-income population that need help affording it in the years since it passed. 

Photo: Maria Oswalt

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. 

THE DREADED REBRAND

Rebranding, whether it applies to products or individuals, poses a significant challenge within the cannabis industry.

As the California cannabis sector gradually emerges from the turmoil of recent years, those who contributed to its struggles seek to join the soon-thriving market. They endeavor to conceal their involvement in the previous failures.

The detrimental effects of rebranding permeate every aspect of the marketplace, extending beyond the legal domain.

The Ambition of the Shady Players in the Recreational Market

Individuals who exploited the industry until now, leaving behind the chaos we find ourselves in, are observing the end of the dark times as bulk prices creep up. They are now witnessing the resurgence of value as the post-pandemic price crash subsides. Who would have predicted that the cannabis industry, only three years later, would find itself in such a predicament after experiencing its most prosperous sales period? However, sales eventually began to decline, and numbers were down for years until we started our recent climb out of the hole. 

But back then, prices continued to plummet, with a market oversupply devastating pound prices. If a product made it to the shelves, one prayed that the dispensary could afford to pay the distributor. You would assume that partnering with major distributors would secure access to the most shelves—a safe bet, right? Nevertheless, we recently witnessed the demise of Herbl, causing a considerable loss of livelihoods. As the company was on the brink of collapse, more aware brands swiftly switched distributors, demanding payment for their products directly from retailers. Unfortunately, it seems that the rest are left empty-handed for now.

I spoke with an entrepreneur who faced the perfect storm caused by the collapse of Herbl. First, he claimed that he was charged an additional $30,000 due to discounts on products that were initially paid on delivery with cash. Furthermore, one of his tenants lost everything in the collapse and hasn’t paid rent for two months, struggling to stay afloat. Lastly, the entrepreneur is unable to obtain the products he needs for his shelves until new distributors pick them up or he figures out how to handle distribution himself. Both options are time-consuming.

It is disheartening to consider that those responsible for inflicting these hardships on so many people may evade accountability. While retailers bear some responsibility for not settling their debts, should we allow those who perpetuated an unsustainable system, which lacks bailouts like the banking industry, to absolve themselves of the sweat, money, and time lost in this ordeal?

Certainly, the blame does not lie with the young individuals manning the booths or attempting to sell the products. They had no say in how far the company would stretch itself before the disaster that unfolded this week. Perhaps only a few individuals bear true responsibility. Understanding each person’s role in that current cannabis tragedy is crucial.

Although Herbl stands out as a recent catastrophe, numerous other companies also mistreated people. Some caused harm inadvertently, while others acted out of misplaced self-belief. However, the most egregious offenders are schemers who are eager to reenter the market, while the other two likely bear some trauma from their actions. We must not allow them to return solely to line their pockets and inflict further damage.

However, the issue extends beyond distributors.

Questionable Retail Operators Sold Shelf Space to Busters

These individuals are the ones who secured shelf space at corporate dispensaries, thereby overshadowing small, high-quality businesses through the payment of slotting fees. It is possible that they initiated the concept of slotting fees completely eroded the notion of customers obtaining the best value for their money from location to location. Many of those who managed to secure such positions were unscrupulous individuals with extensive networks of like-minded opportunists. It was an arduous and lengthy process for smaller retailers to establish themselves, unless they held significant influence or connections.

These people who undermined the initial wave of corporate shops are desperate to regain entry before interstate markets open up. They recognize this as their next prime opportunity to latch onto someone else’s value. We must not permit the worst offenders to jeopardize the national rollout. 

City councils played a role in enabling these unscrupulous individuals to thrive while everyone else suffered, lining their own pockets. Consider the immense financial losses incurred by L.A. Equity Program applicants over the years, following the rules set by a city council that was only revealed to be racist through a secret recording. Politicians throughout the state have also contributed to the headaches faced by the cannabis industry. As the market stabilizes and normalizes, it is crucial that these individuals are held accountable indefinitely and prevented from rebranding. Once we forget that they were never on our side to begin with, we may inadvertently allow them to alter the rules.

As for the underground market, the rebranding problem is mostly just people renaming weed. It’s still shady, but less devastating. 

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

SENATE BILL

NO. 58

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

LEGISLATIVE COUNSEL’S DIGEST

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

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

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

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

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

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

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

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

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

This bill would repeal those provisions.

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

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

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

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

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

DIGEST KEY

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

BILL TEXT

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

SECTION 1.

 The Legislature finds and declares all of the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 2.

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

11054.

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

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

(1) Acetylmethadol.

(2) Allylprodine.

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

(4) Alphameprodine.

(5) Alphamethadol.

(6) Benzethidine.

(7) Betacetylmethadol.

(8) Betameprodine.

(9) Betamethadol.

(10) Betaprodine.

(11) Clonitazene.

(12) Dextromoramide.

(13) Diampromide.

(14) Diethylthiambutene.

(15) Difenoxin.

(16) Dimenoxadol.

(17) Dimepheptanol.

(18) Dimethylthiambutene.

(19) Dioxaphetyl butyrate.

(20) Dipipanone.

(21) Ethylmethylthiambutene.

(22) Etonitazene.

(23) Etoxeridine.

(24) Furethidine.

(25) Hydroxypethidine.

(26) Ketobemidone.

(27) Levomoramide.

(28) Levophenacylmorphan.

(29) Morpheridine.

(30) Noracymethadol.

(31) Norlevorphanol.

(32) Normethadone.

(33) Norpipanone.

(34) Phenadoxone.

(35) Phenampromide.

(36) Phenomorphan.

(37) Phenoperidine.

(38) Piritramide.

(39) Proheptazine.

(40) Properidine.

(41) Propiram.

(42) Racemoramide.

(43) Tilidine.

(44) Trimeperidine.

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

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

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

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

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

(1) Acetorphine.

(2) Acetyldihydrocodeine.

(3) Benzylmorphine.

(4) Codeine methylbromide.

(5) Codeine-N-Oxide.

(6) Cyprenorphine.

(7) Desomorphine.

(8) Dihydromorphine.

(9) Drotebanol.

(10) Etorphine (except hydrochloride salt).

(11) Heroin.

(12) Hydromorphinol.

(13) Methyldesorphine.

(14) Methyldihydromorphine.

(15) Morphine methylbromide.

(16) Morphine methylsulfonate.

(17) Morphine-N-Oxide.

(18) Myrophine.

(19) Nicocodeine.

(20) Nicomorphine.

(21) Normorphine.

(22) Pholcodine.

(23) Thebacon.

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

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

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

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

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

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

(6) 3,4-methylenedioxy amphetamine.

(7) 3,4,5-trimethoxy amphetamine.

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

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

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

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

(12) Lysergic acid diethylamide.

(13) Cannabis.

(14) Mescaline, derived from plants presently classified botanically in the Echinopsis or Trichocereus genus of cacti, including, without limitation, the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus, but not including mescaline derived from any plant described in paragraph (15).

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

(16) N-ethyl-3-piperidyl benzilate.

(17) N-methyl-3-piperidyl benzilate.

(18) Psilocybin.

(19) Psilocyn.

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

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

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

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

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

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

(1) Mecloqualone.

(2) Methaqualone.

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

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

(1) Cocaine base.

(2) Fenethylline, including its salts.

(3) N-Ethylamphetamine, including its salts.

SEC. 3.

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

11214.

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

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

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

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

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

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

(4) Veterans groups.

(5) University researchers with expertise in psychedelics.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(g) As used in this section, “facilitated or supported use” means the supervised or assisted personal use of a substance described in subdivision (a) by an individual or group of persons 21 years of age or older, or the assisting or supervising of such persons in such use, within the context of spiritual guidance, community-based healing, or related services.

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

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

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

SEC. 4.

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

11350.

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

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

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

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

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

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

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

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

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

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

SEC. 5.

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

11350.1.

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

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

(2) The ingesting of mescaline.

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

(b) Possession of mescaline by a person 21 years of age or over on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is punishable as a misdemeanor.

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

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

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

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

(1) Upon a finding that a first offense has been committed, four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days, commencing when the drug education or counseling services are made available to them.

(2) Upon a finding that a second offense or subsequent offense has been committed, six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days, commencing when the drug education or counseling services are made available to them.

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

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

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

(1) “Allowable amount” means four grams per person. “Allowable amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or any ingredient or material combined with the substance as part of a preparation.

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

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

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

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

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

SEC. 6.

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

11364.

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

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

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

SEC. 7.

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

11364.7.

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

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

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

(A) Dimethyltryptamine (DMT).

(B) Mescaline.

(C) Psilocybin.

(D) Psilocyn.

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

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

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

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

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

SEC. 8.

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

11365.

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

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

SEC. 9.

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

11377.

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

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

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

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

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

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

SEC. 10.

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

11377.1.

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

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

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

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

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

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

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

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

(b) Possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person 21 years of age or over, on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is punishable as a misdemeanor.

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

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

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

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

(1) Upon a finding that a first offense has been committed, four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days, commencing when the drug education or counseling services are made available to them.

(2) Upon a finding that a second offense or subsequent offense has been committed, six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days, commencing when the drug education or counseling services are made available to them.

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

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

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

(1) “Allowable amount” means the following quantities of a substance per person. “Allowable amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or any ingredient or material combined with the substance specified in this subdivision as part of a preparation:

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

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

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

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

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

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

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

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

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

SEC. 11.

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

11379.

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

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

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

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

SEC. 12.

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

11382.

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

SEC. 13.

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

11550.

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

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

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

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

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

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

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

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

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

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

SEC. 14.

 Section 11999 of the Health and Safety Code is repealed.

SEC. 15.

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

SEC. 16.

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

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

THE HEAT CHECK: HALL OF FLOWERS 2023

We hit Hall of Flowers to see who had the heat!

One of our absolute favorite activities here at L.A. Weekly is to see the heat of the moment at major cannabis events. There are few places better to do it than Hall of Flowers as the industry gathers to grade the current product on the market.

As one might expect, the show and tell can get serious quickly. Here are some of our favorite finds from Hall of Flowers.

Fresh Powerzzzup Terps

One of the cool things about running into the Powerzzzup team is getting the chance to check out various renditions of their gear. As we noted in our feature article on Powerzzzup in 2021, lots of different farms across the country run their genetics. On this occasion, we got to see some 2090 Shit grown out veganically by the team at Feeling Frosty Hash. It was savage heat that tastes awesome but has a strong impact.  f.

CAD Nana’s Ultimate Greaze

Carter’s Aromatherapy Design is at it again with one of the heaviest-hitting topicals on the recreational market. Nana’s Ultimate Greaze features 1000 milligrams of THC and 500 milligrams of CBD. This is probably a lot more potent than whatever topical you’re using if you’ve ever felt the urge to up the strength a bit more.

Bruno is Back in America! 

Following his recent adventures to the Canary Islands to judge The Canary Islands Champions Cup, Bruno is back in California rolling some of the best prerolls in the game with some of the best material available. On this occasion, Bruno was rolling up prerolls at the CAM booth for the buyers on hand to try CAM’s wide range of flavors.

Joshwax Seabiscuit A2

While many of the big-name companies reminded us of why you hear their names a lot, Joshwax was someone who had to have their stock go up following Hall of Flowers. It’s not that Joshwax didn’t have good pot before last week, we just found the kushiness of the Seabiscuit to be something really special.

Masonic Seed Co x Fiore

The team at Fiore drops a lot of heat, but the Banana God is being grown in collaboration with Masonic Smoker is right at the top. You can taste all the flavor notes that have seen a lot of hardware added to Banana God’s trophy shelf over the last few months.

Dueling Strains

SF Canna’s new two-packs featuring two eighths is one of our favorite new offerings from anyone at Hall of Flowers. There is a QR Code on the back so you can score your favorites after and help the organizers find their winner.