IS AI IMPAIRMENT TESTING NEXT FOR CANNABIS? Predictmedix Inc. may have the answer to squash concerns about stoned driving. The lack of a validated mechanism to test someone’s level of impairment from cannabis use on the spot has complicated the national rollout. Regulators and elected officials vent their fears about stoned driving all the time….
IS AI IMPAIRMENT TESTING NEXT FOR CANNABIS?
Predictmedix Inc. may have the answer to squash concerns about stoned driving.
The lack of a validated mechanism to test someone’s level of impairment from cannabis use on the spot has complicated the national rollout. Regulators and elected officials vent their fears about stoned driving all the time. You can test someone’s saliva, urine, blood or hair, but these detection methodologies are too dated for the modern era. Mostly because they aren’t focused on the moment but whether you’ve used drugs over a more extended time frame that goes long after the impairment has stopped. If you were to base impairment on those tests, you would have a ton of false positives since more of the workforce are enjoying off-the-clock use and have those spent THC metabolites in their system.
The same people who don’t want to change drug testing laws to protect off-the-clock use are ironically well-versed in the reality of current testing not truly benefiting public safety in real time. But what if you could use artificial intelligence to determine someone’s level of impairment in 20 seconds?
Predictmedix calls itself an emerging provider of rapid health screening, medical devices, and remote patient care solutions globally. Over the last three years, the now publicly traded company has raised $3 million.
“And all that money has gone into developing the technology. And now we’re commercially deployed,” Toronto venture capitalist Steve Singh told L.A. Weekly. He went on to break down the difference between their tech and the breathalyzer tech that’s been in development for years. “With the breathalyzer and you get a result in 20 minutes that’s biased, with Rahul’s technology, it’s 20 seconds and unbiased.”
The Rahul that Singh mentioned is Dr. Rahul Kushwah who founded Predictmedix after leaving academia to pursue AI-based impairment testing. To date, 50,000 people have now been screened by his Safe Entry Stations at places like The Super Bowl and F1 races.
The stations are powered by a proprietary AI. It uses multispectral cameras to analyze physiological data patterns with its screening technology to detect many conditions. They include cannabis or alcohol impairment, infectious diseases, mental illness, Alzheimer’s, Parkinson’s, respiratory illnesses, COVID 19, and signs of fatigue. The stations are about 90% accurate. Kushwah told LA Weekly that the tech still had trouble with people under the age of 18 and over 75. If you were to remove those groups from the data pool, he estimates the accuracy would be well over 95%.
“It’s almost like we have developed this new language. With this language, you can write impairment, you can write fatigue. You can write health care parameters, screening for diseases, whatever you want. So effectively, we have a platform that can be used to screen an unlimited number of things,” Kushwah said.
We asked Kushwah how helpful it is to have the road out in front of them with no real sign of another mechanism to test a person for their current level of cannabis impairment in the near future.
“So let’s say we talk about cannabis impairment. First of all, this whole concept of using breathalyzers for cannabis just cannot work from a scientific perspective because the only time you can make a freaking correlation is if you can measure the level of THC in the brain,” Kushwah replied. “The THC has to cross the blood-brain barrier to impair you in the first place. So that’s why we’re not even going after measuring THC. What we’re identifying are signs of impairment.”
Kushwah went on to explain, Predictmedix can actually create thresholds in terms of what you want to define as impairment within your organization. If it’s zero tolerance, they can make it that way in the Safe Entry Stations. The red light is going to come on, even if somebody is showing just the slightest signs of impairment.
Since launching the Safe Entry Station, Predictmedix has worked to scale down the machines to something a bit more manageable. They’ve not reached the point where they’ll release a phone app that pairs with a small multispectral camera you plug into your phone.
“You put the camera in front of you, you look at the camera, you say a few sentences that are popping up on your phone and that’s it, and that can be used to identify impairment in 10 to 15 seconds,” Kushwah said.
Kushwah explained the reason for using multispectral imaging is because they don’t really care about how you look on top of your skin. He argues there is no such thing as looking stoned.
“It’s more about, how are the changes in the underlying blood flow patterns that we are able to identify. And that’s part of the reason that our technology, I mean, is a bit Star Trek in a way. I mean, just think about it. Not only the technology can tell you if you’re impaired if you’re fatigued, but it can also tell you your heart rate, breathing rate, temperature and a lot of your vitals, without even touching you,” Kushwah said. “ And we have completed a few clinical studies in different parts of the world where we have had medical institutions basically signing off on our technology and saying how this is the future and the future is now.”
The app could certainly be a game changer. Imagine police officers being able to give people impairment tests without even getting out of their cars. If they fail, they can do a full sobriety test that would confirm the test or catch a false positive
We’ll continue to keep an eye on how this plays out.
THE ROAD TO LA STARTS: THE EMERALD CUP HARVEST BALL
The rain could not stop the heat at the second annual Emerald Cup Harvest Ball in Santa Rosa.
The event serves as the kickoff to cup season with the winners getting crowned in roughly six months in L.A. at the awards show. This weekend had traditionally served as the whole show for years, before the new format. The quests of farmers looking for next year’s hottest genetics, the chance to survey the harvest, and the awards show were all crammed into one action-packed weekend over 17 years that continued to get larger and larger.
With the awards show still months out, the weekend now focuses on the cannabis of the moment and seeds. The seed and genetics part can’t be overstated. In more recent years we’re even seeing tissue cuttings available for farmers terrified of the dreaded Hop Latent Viroid, commonly known as HLVd. Cuttings with HLVd have been the downfall of mega nurseries people were convinced were here to stay. But regardless of the high-tech stuff, the regular seeds and cuttings called clones are a huge part of the show.
We were reminded of this when we walked in the gate on Day One. Emerald Cup Competition Director Victoria Shea grabbed me out of line just before gates opened so I’d make it to the judges’ meet-and-greet on time. The public hadn’t even been allowed in yet and there were already lines at the Compound Genetics and Purple City Genetics Booths as their peers participating in the Harvest Ball queued up to get the latest and greatest genetics from both. That wave of people on the hunt would increase tenfold once the gates opened up.
And those who weren’t looking for cuts were looking for great cannabis or trying to convince people they had it; plenty did.
Our Favorites
Higher Heights from Comptche, California, had a lovely spread. The two standouts for us were the Carambola and the Purple Candy Cane. The Purple Candy Cane was a bit more complex on the nose.
Pacific Cultivation was another absolute banger spread for 2022. Everything came out awesome, but it would be criminal to not highlight the Hippie Crasher. The pairing of Kush Mints and Wedding Crasher was among the finest offerings at the whole harvest ball. The Caked Up Cherries was our second favorite from the Pacific Cultivation lineup.
Pacific Cultivation
Humboldt Seed Company had their new Jelly Donutz collaboration with Casa Flor on display. You could certainly smell the sugary goodness some people like to start their mornings with.
Moon Valley Cannabis’s Wine Country-grown pot also was pretty awesome. The standout for us was the Grapes and Cream, but the Zlurpy was very competitive, too. We could see people leaning in that direction for sure.
Moon Valley Cannabis
Bigfoot Cannabis Co’s rendition of Gelato 41 was stunning. It was one of our favorite versions we have ever seen that wasn’t indoor. The only one nicer won the Cannabis Cup in 2018.
Fidel’s spread was as top-class as to be expected. It included the KMZ that won the Transbay Challenge I hosted in Los Angeles this past August. The blend of Kush Mints and zkittelz is a flavor profile in its own league.
Fidels
One of the loudest jars of the day had to be the Garlotti from Good Good. Once you cracked it open, you were hit with an explosion of garlic terps so strong your eyes and sinuses might water up a bit. But don’t worry, that’s definitely a good thing.
Garlotti
Sun Roots Farm’s Velvet Papaya won the contest for the thing I think we’ll have the best shot of smoking in a hash format. The terp-loaded strain was said to produce a decent amount of the resin you need to make hash, which essentially is collected plant resin.
We chatted with the Cannabiotix team about their recent podium finish at The Emerald Cup with French Alps taking third in the hyper-competitive indoor category.
That third-place finish was also the top spot for a SoCal flower brand in the indoor category with Oakland’s Fig Farms taking first and San Francisco’s Sense taking second. The only other local flower brand in the Top 5 was Maven Genetics. We chatted with them last week.
Cannabiotix’s cofounder Neema Samari explained the company had been a little wary of the cup scene in the past.
“It was our first time doing The Emerald Cup. In general, I think we’ve been a little cynical about competition for the last four years. So it was good to get back out there and give it a whirl,” Samari told L.A. Weekly.
He estimated it has been at least five years since they entered any kind of contest. Attitudes started to change when they saw they now had a chance at The Emerald Cup once the indoor category was added.
“And that’s obviously more of a forte for us because of being born and raised in SoCal,” Samari said. “So once we kind of saw that, and then you know, the pandemic cooled off and everything like that, we wanted to challenge ourselves again, I thought it would be a good idea to put our ticket in that.”
Back in 2016, the Cannabiotix team saw the writing on the wall that there was going to be an expiration date on how much fun they were having in the Prop 215 marketplace. Samari said that was the moment they began to transition their cloak-and-dagger craft to the next level with the proper kinds of infrastructure, standard operating procedures, and training.
The lessons they brought into their first legal California facility were learned in Las Vegas. Back in 2015, a bunch of the team headed out to Vegas to set that up. They started to figure out the legal cannabis game.
“So that was kind of like our firsthand experience where we’re duffel bag boys and all of a sudden we have all this stuff broken down into eighths of branded product,” Amari said.
Amari was quick to not judge those folks still taking part in the traditional market. He just thinks Cannabiotix has moved on to bigger-picture plays. One of their big hopes with the in-house breeding program is to avoid the homogenization of genetics happening across the industry,
“We’ve been doing this since 1999. So we have an in-house breeding program that’s obviously built on top of a foundation of having this library of a bunch of different strains, some of them from decades ago, some of them from not that much long ago, newer hybrid and combining all the things in the stable to create new unique flavors that you can buy. And not just in like a medium scale 7,8,9 strains in the lineup, we’re talking about 20 in-house flavors in the cycle now.”
Currently, the Cannabiotix team has about 640 lights of production space. That number will double soon as they prepare to open another 700-light facility. They’re hoping to open the doors and get plants inside there in about six weeks, if all goes to plan.
They’ll need the flower to keep feeding the beast, as they continue to scale up. Cannabiotix is in 460 dispensaries around the state, but about 280 of them are where most of the product actually pumps through. They’ve done their best to keep the people that have been messing with them the longest stocked.
“We do want to get around to the rest of the pack,” Samari said.
Keep an eye out for Cannabiotix flowers all over California.
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.”
A new survey from Wired Research suggests most American adults will be including cannabis in their Valentine’s Day plans.
According to the survey, 61% of American adults plan on using cannabis or gifting it to someone this Valentine’s Day. The survey was commissioned by Verano Holdings to see how consumers would treat cannabis around the holiday as it continues to get further normalized nationally.
Another fascinating takeaway is the number of Americans that will skip booze this holiday season and opt for cannabis. Wired Research put the number at about 19 million. If just half those people bought a top-shelf eighth for the holiday, you’re talking about $60 million dollars in revenue before you even add the taxes.
While it was close, men were a little bit more likely to include cannabis in their Valentine’s Day plans (66%) than women (57%). This gap is actually closer than the gap between men and women admitting to use in wider society. In 2016, Columbia University Professor Deborah Hasin noted the rates at which men and women used cannabis had held steady for a long time at 13% of men and 7% of women through the mid 2000s. But in 2007, experts started to see a shift that would see the rate at which men were using rise another 4% while women’s use rates would rise 3%.
Younger folks were a lot more down with adding cannabis to their holiday plans than seniors were, with 70% of Gen Z and Millennials surveyed saying cannabis very well could end up a part of their holiday plans. But even then, the seniors weren’t that far behind. While the survey was just under 1,000 people, the idea that more than half of the two oldest categories said they’d be including it in their plans was pretty wild. That is probably the number it would be fascinating to see scaled up into a bigger survey the most.
Another big factor that will separate use rates this holiday? Kids. Parents were found to be more likely to partake in cannabis on the holiday than their childless peers. The survey found 69% of people with kids planned on making cannabis part of the fun, while only 57% of those without offspring said they’d be partaking.
As opposed to just another part of the evening’s fun, many argued they were using it as a tool to inspire romance.
“The data from the survey show that Americans use cannabis to relax or improve their mood, which can help people be present and more connected, which is crucial to a better love life,” said Dr. Shannon Chavez, a Beverly Hills psychologist and sex therapist. “Valentine’s Day is a great opportunity for couples to try something new together and try a more dynamic and less formulaic approach to intimacy, which cannabis can help inspire.”
Americans are starting to come around on the idea. One in four surveyed believed cannabis would help get them in the mood. While separately, one in four surveyed said they expected to perform better sexually with the help of cannabis.
Whether it’s getting all the way down the 5, to the farm or hoping the greenhouses don’t collapse, legal cannabis currently is experiencing plenty of headaches from the biggest snowstorm of its short existence in California.
The biggest widespread headache will be inaccessible roads. Mixed-light farmers facing issues with power over the next couple of days could face the biggest challenges. Most farmers still afloat should be able to survive any stress. It’s still early in the year. Even if people do face some structural damage, they’ll have time to clean it up before things get popping. But if you’re a mixed-light operation running year-round, any hit you’re taking to power or structural integrity is going to lead to pure down take. At worst, it could cost you a crop.
As people work to get their ducks in a row, it’s going to be a lot trickier to navigate some key stretches of California for the industry. Commerce itself most likely will be impacted by the close of Tejon Pass. With the snow level expected to be well below 1,000 feet, it’s going to be ripping up. Some experts are predicting two feet of snow right in the heart of one of the cannabis industry’s, and the rest of California’s, most vital travel routes. Even if the roads reopen, the ripping winds at the tail end of the storm are no fun for the sprinter vans the industry whips up and down the state in.
Sure you could take the coast, but it’s going to be mobbed and add hours to the trip.
The roads that many of the state’s cannabis farmers call home also will be an issue. While the frozen dirt might be easier to drive on in many cases than unplowed asphalt in a few inches, once it starts to pile up, it can get nasty quickly. One farmer in Southern Humboldt County said he was expecting about three feet when the storm was over.
Josh Vert from Royal Key Organics said indoor farmers like him in Humboldt don’t necessarily worry as much as the outdoor farmers about any one storm in particular, but the season brings its own challenges as a whole.
“Winter runs and cold weather, it’s the opposite for us as it is in LA,” Vert told L.A. Weekly. “Winter can be more challenging in the Arcata indoor scene than summer. Dew points and surface condensation create excessive moisture. Facilities need to compensate via extra insulation and dehumidification. Our trimming and storage require less air conditioning and everything stays cool. It’s really the cold humidity we have to fight all winter long. The storms have been a good mental break from the norm. Nothing other than that.”
Closer to home, all the snow and rain have led to a flood watch in Los Angeles through Saturday afternoon. The areas impacted are Los Angeles County Beaches, Los Angeles County Inland Coast including Downtown, Los Angeles County Mountains, San Fernando Valley, San Gabriel Valley, Malibu Coast, Santa Clarita Valley and The Santa Monica Mountains.
The National Weather Service noted rainfall rates up to an inch per hour are possible, especially in the foothills and lower mountain locations.