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…
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.
THE YEAR IN GLOBS 2023: OUR FAVORITE HASH FOR 7/10
As the 7/10 holiday approaches, it’s time to recognize California’s standout hash extractors.
This organically formed holiday, distinct from Green Wednesdays or CBD Day, was created by Task Rok and the first-generation globbers to celebrate the rapid progress in the hash space. Not a PR company. Over the past decade, the hash sector has witnessed significant advancements in both technique and hardware and this is when we celebrate it each year.
Solventless hash, produced using ice, water, and screens instead of volatile gas extraction, has become the reigning king. The hash industry has thrived in the pursuit of new flavors, with the hunt for unique terpenes driving the competitiveness of the companies listed below.
While this year introduces fresh faces, some well-established players make a comeback due to their continued excellence.
While the tidal wave hasn’t hit the shore yet, there will be a ton of Piattella-style cured water hash this year. It blew up in Spain during the pandemic after Uncle’s Farm put it on the map, a first wave of Americans was exposed in 2022, myself among them. This year there were ten times as many Americans at Spannabis as in 2022, so a lot more people got hyped about it. Many Americans are working on perfecting it, including the popular Professor Sift. His efforts are in the featured photo.
Here are some of our favorite California hash companies from the past year:
Fully Melted
Humboldt’s Fully Melted has been impressing consumers in The Emerald Triangle for some time. Although their Zkittelz initially faced controversy at the Emerald Cup, it gained recognition for its incredible terpenes. Alien Labs even used the same pheno that produced the material to claim The Best Thing Smoking at Zalympix a bit over a month after the cup. Must be pretty fire! Every offering from Fully Melted is definitely worth exploring.
Royal Key Organics
Royal Key Organics successfully transitioned from producing award-winning sauces to crafting exceptional solventless hash in recent years. This is in addition to their world-class flower offerings. Their Arcata facility, now expanded, allows more people to experience the wonders of hash made from plants grown in living soil. Their IOS OG 90u Sift, bred in-house, exemplifies the quality and passion behind their products.
“Selection number 24 instantly took us back to our favorite OGs we and our friends grew in the early 2000’s,” Josh Vert, founder or Royal Key Organics, told L.A. Weekly, “Memory can be a funny thing, so we gave it to OG connoisseurs around the state. Everyone who experienced “HHSFV Dog” no.24 said it checked all of their boxes for smell, taste, smokabilty, high, and bag appeal. They also wanted more, and considered it a fantastic OG in cured flower form. We then named it iOS OG, short for I only smoke OG.
Kalya
Despite facing numerous challenges, Kalya has consistently excelled in producing high-quality hash. Their recent move to Santa Rosa has brought them smoother operations after dealing with the perils of Oakland over the past few years. They continue to impress with their offerings, such as the delightful Dole Whip they had in their possession when I ran into the team a couple of weeks ago. Some of the nicest rosin I’ve seen this year.
LA Family Farms
LA Family Farms made headlines last August by securing top honors at The Transbay Challenge, surpassing many renowned names in the industry. Their Cotton Candy Gas, grown and washed in-house, is a highly celebrated new addition. It’s the perfect showcasing of their expertise in creating Los Angeles-based single-source rosin.
Cali-X
Cali-X deserves recognition for its underrated rosin in the recreational market. Each jar of their hash is exceptional and wholly made in Los Angeles. As a “single source” entity, Cali-X turns things they grow themselves into unique flavors that add excitement to the rosin market. A lot of Cali-X’s genetics are exclusive to them, so it makes the thoughts of the flavors they may possess in hash form fascinating.
Rosin Tech
The 2022 Emerald Cup winners, Rosin Tech, continued to crush throughout the year with their high-quality products. Their foray into hash holes has been successful, firmly establishing them among the finest in the industry. The hash inside their joints steals the show, thanks to the incredibly loud flavors they deliver. Their collaborations with Luma Farms are some of the most prized jars in the spread.
Moonshine Melts
Moonshine Melts, the hash wing of 3rd Gen Family Farms, has earned numerous accolades and remains one of the most awarded cannabis companies in the space when it comes to the trophies that actually matter. Their Zkittelz is renowned for its exceptional quality. Acquiring their single-source hash is akin to hitting the jackpot. There was a point in the mid-2010s when people had to start with the question of whether they thought it could beat Moonshine Metls before they even entered a contest. Many didn’t risk it.
Trilogy 710
The team at Trilogy 710 has mastered terpene preservation like few others. Their jars contain some of the juiciest rosin available. In addition to their impressive techniques, their collaborations with renowned breeders promise to deliver exciting new terps to the market. Keep an eye out for their work with Symbiotic Genetics for potentially mind-blowing results.
Cryo Labs
Cryo Labs has gained global influence in recent weeks, with their Gary Payton hash jar making waves at the Mary Jane Berlin festival. They have been pioneers in exploring unique terps, such as Compound Genetics’ Apples & Bananas and Grape Gas. Extractors producing their own material now consider Grape Gas a must-have strain but Cryo Cure was dropping it a year before anyone.
Have Hash
Hash Hash has rightfully claimed numerous trophies this year. They triumphed in Europe during Spannabis week by winning The Ego Clash Barcelona and securing second place at Masters of Rosin a few days later. Then when they returned to America they won San Francisco’s highly competitive challenge at Hippie Hill. We eagerly anticipate the release of their new flavors from the latest harvest.
Arcata Fire
Not everyone can access raw extracts, so Arcata Fire’s Rosin Syrup is the perfect alternative. Their pens recently claimed top honors in The Emerald Cup’s fiercely competitive Solventless Cartridge category. This achievement is expected to improve the availability of their products across the state in the coming months.
Swollen Heads
Another California company making waves abroad is Swollen Heads. When we linked up with Swollen Heads this spring we got the chance to test all of their terps of the moment. Everything was grown by them and then processed. Each flavor held up against most of what we’re seeing in the market with no problem. We highly recommend trying to get your hands on a jar.
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.
The world’s first Phase One clinical trial investigating the microdosing of LSD showed promise.
During our recent adventure to Microdose’s Wonderland festivities in Miami, we were hit with a mountain of data from another massive year in psychedelic science. Still, MindBio Therapeutics’ clinical work with LSD microdosing was undoubtedly among the most fascinating.
For those not in the know, the clinicians who conducted the research define microdosing as the repeated administration of psychedelics, such as lysergic acid diethylamide (LSD) or psilocybin, in doses below the threshold for overtly altering perception.
Why would researchers want to look into this? Because it’s all the rage of course. But as the trend continues to blow up, science is yet to back a variety of microdosing claims. Even more so in regards to LSD than the very popular and more accessible psilocybin mini trips.
Back in May, MindBio Therapeutics’ parent company Blackhawk Growth noted at the completion of the trial MindBio was still the only organization in the world to have successfully obtained government approvals for a doctor to prescribe LSD to patients to take the drug unsupervised in the community.
“In the same way they would take any other medicine,” the company noted.
The study was led by the University of Auckland. Associate Professor Dr. Suresh Muthukumaraswamy was among those who presented the findings to their psychedelic peers in Miami. Here is a breakdown of the protocol they used.
After finishing the trial in late spring, MindBio would comb through the data collected from 80 participants from over the course of 12 months and 1,102 microdoses. The daily questionnaire showed credible evidence of increased ratings from participants in energy, wellness, creativity, happiness and connectedness on the dose days. The actual doses were 14 ten micrograms of LSD.
A usual dose when you’re looking to have a deeper experience is about one microgram per kilo of body mass. So the 10 microgram dose is enough to get someone that weighs 22 pounds to trip hard. That being said, the first doses were administered under supervision. Once everything was found to be OK, the trial participants administered the rest of the doses at home on their own.
Sometimes the doses had a bit more kick than the participants expected, but most of the time it was not enough to be an issue,
“Many of those surveyed reported experiencing these effects at least once, but few reported them occurring after every dose. Other reports note that negative effects are largely acute and rarely persist in the long term,” the researchers wrote.
There were incidents of adverse events. The number of people in the LSD control group who experienced jitteriness was nearly one in three. While in the placebo group, 7.5% of participants claimed the same thing just at the idea they might have just taken LSD.
But again, the positive results far outweighed a little bit of jitteriness. MindBio was already planning the Phase Two clinical trials well before they released the data. They are hard at work in their attempt at becoming the first to commercialize a psychedelic microdosing regimen.
“We are proud of the incredible work of our scientific team and the completion of this great milestone as we head toward developing game-changing treatments for mental health conditions,” said Frederick Pels, CEO of Blackhawk.
Fig Farms continued its 2023 run of excellence by winning two out of three flower categories at the High Times SoCal Cannabis Cup.
The victories came in the Indica and Hybrid categories. Animal Face won in the hybrid category after winning best indoor flower at the 2022 Emerald Cup. Blue Face won the Indica category a few months after winning both best indoor flower and best indoor at this year’s Emerald Cup. This is just further validation for the work Keith and Chloe Healy are doing with their team of monster growers in Oakland.
The Blue Face took home two top prizes this year and is absolute rockstar cannabis. Fig Farms describes the aroma as a combination of acetone, tree bark and pickled ginger. The Animal Face that took home the top hybrid is absolute gas and fuel terps. I judged the hybrid category it won. I saved the Animal Face for last to see if anything would top it. Nothing did, but the same could be said for the 20 Emerald Cup flower judges who didn’t see a strain or farm when they picked Blue Face, just the heat in the jar and a number. Regardless of mine being labeled, we came to the same conclusion on Fig’s different flavors.
Animal Face
Fig Farms finds itself among a small group of people who have been holding strong in certain contests for the last few years. It raises the question from others as to whether these contests are even worth it. Do they matter?
“They do for sure. We got offered space in Oakland the next day after we won the Cannabis Cup,” Keith Healy, Fig Farms founder and CEO, told L.A. Weekly.
They were negotiating on an Oakland location and one in Sacramento.
“The day after winning we got offered the Oakland space,” Healy said. “I wouldn’t have been as confident to perform. I wouldn’t have been as confident to pull it off.”
Fig has been selective in the contests it has entered in the years since that win. But after winning The Emerald Cup earlier this year, it returned to the Cannabis Cup for the first time since that 2017 victory that changed everything. Fig was certainly thrilled with the results of its comeback.
“To win two out of three was just mind-blowing and honestly confusing since, like you win the Emerald Cup and High Times, trying to explain to somebody like a stranger that these things aren’t easy,” Healy said emphasizing he doesn’t have the confidence of being some egomaniac.
The catch-22 of that lack of confidence Healy claims is that he only enters his absolute flame. By the time he’s convinced it’s fire, it probably is, as opposed to someone that needs that new hype strain to keep their thing going. So it’s easy to understand why everything they entered this year, in everything, did so well.
Blue Face
We asked Healy which of the accolades the farm has received in recent years meant the most to him.
“I think being on stage with Chloe while she was pregnant at the Emerald Cup win in 2022 was pretty incredible because that was the first time that I’ve been able to share a stage with her,” he replied.
Healy went on to note that another thing that has made each win special was the timing. Just like the 2017 win got him into that new space, these other wins have each meant something in the moment.
“Every single one has come at a time when I needed it,” Healy said. “That kind of time where it’s like the confidence to push forward on the next task, whether that’s building out more space or it’s just the confidence to keep doing what I’m doing.
The High Times win meant a lot to Fig because it was so different from the win at The Emerald Cup. High Times is essentially people’s choice compared to the expert panel The Emerald Cup brings in for judging. We joked with Healy about how many cup kits he bought, he laughed and noted just one to try the other flavors.
Despite their continued dominance, Animal Face and Blue Face need to keep an eye on their shoulders. Fig recently worked with Zeclair and their whole catalog. We got to check out the pheno hunt a few weeks before it was chopped down. Everything was absolute heat and you can expect some crazy Z terps from Fig Farms soon.
L.A.’s own Shant “Fidel Hydro” Damirdjian was already a local legend before Fidel’s Hash Holes took it international.
And while the “Hydro” may have been dropped in recent years as the Fidel’s brand took off, the third son to enter the game of one of Los Angeles’ favorite cannabis families continues to build his name. He’s now on the verge of opening a massive new facility expected to be competitive with the state’s finest later this summer.
A hash hole under construction. Courtesy of Fidel’s.
In the months leading up to writing this, we chatted with Damirdjian a lot. We even joined him for his return to Barcelona for Spannabis this past March where he originally got the inspiration for the hash hole. The Hash Holes and Donuts party that closed up Spannabis for many was probably the second biggest ancillary affair of the week after the European edition of Ego Clash.
But to understand how things have taken off, you have to start with Damirdjian returning to L.A. after moving to Beirut at age 12.
Coming Back to L.A.
“When I turned 18 I moved back to L.A. from Lebanon and when I moved back the first thing I did was start working at my brothers’ hydro shop,” Damirdjian told L.A. Weekly.
He was at the bottom of the food chain with no knowledge of growing cannabis. He was in the perfect place to learn, but it wasn’t always easy being in the family business.
“My brothers had two dispensaries. But within a month of me being here, the dispensaries got raided and the growers got raided,” Damirdjian said. “They lost everything and they had to sell the store. So when they sold the store, I stayed.”
Damirdjian smokes a hash hole in Barcelona. Photo: Jimi Devine
His brothers Serge and Aram would recover and eventually help start Cookies Maywood and Gas No Brakes Fashion.
While Damirdjian may not have brought a lot of cannabis cultivation knowledge back from Beirut, retail operations were a different story. The whole time he was in Lebanon he was working at the family grocery store. By 18 he returned with the managerial skill set that wouldn’t be uncommon in an older teenager at a U.S. supermarket. Those skills translated directly to running a hydro shop even if he wasn’t exactly sure what he was selling out the gate.
By the time he jumped up to the management team, he had his head wrapped around it from talking to customers all day to better understand their needs or what they were doing successfully. The store was only 1,000 square feet at the time. He’d help build it to 18 employees and three locations.
“I did that for nine years. That was my footwork in this industry,” Damirdjian said. “I talked to growers day in and day out for nine years and then I mastered that craft. I grew weed in the midst of that. It just led me to be consistently known for the quality of flowers I have.”
Madmen OG and LA Confidential were among the first strains he worked with when he started cultivating in 2010. As his skills grew, he refined his best practices and taught them to others over the years at the shop, eventually taking the nickname Fidel Hydro as a play on it.
Damirdjian points to the first time he left the grow shop to focus on cultivation as one of the moments he knew he was heading in the right direction. Six months after leaving the hydro shop they asked him to come back for a percentage of the shop. He would put in two-and-a-half more years, but in the end, his vision was just too big for the shop.
Fidel’s
A trip back home to Beirut to visit family and friends in 2019 would turn the nickname into the building block for one of the most hyped brands in California at the moment.
“I had a childhood friend of mine who does branding packages for big hotels and restaurants. I was working with him. I wanted to start branding my flower. I want to be known for the flowers I grow,” Damirdjian said.
The pair were talking about his nickname Fidel Hydro. They tossed stuff around but were sure in the end that it had to be one word. It had to be simple. They dropped the hydro and the name stuck.
“My homie drew like 200 different logos by hand. He drew one on a package of Lucky Strike cigarettes and it just stood out to me,” Damirdjian said. “It looked really timeless. Either now or 20 years from now, I’ll still feel the same about it.”
Damirdjian explained that the logo gave him the identity but there was plenty of work to be done. He started doing everything in-house from growing to buying printers so he could package it all up.
“I put all my energy in Fidel’s, everything, every ounce of my time, my finances, my physical being. I put it all in something that just kept growing and growing. It gave me the confidence I needed but it just hit me when I was in the hydro shop. I always knew Fidel’s was what it is supposed to be,” Damirdjian said in regards to that calling he believed was more significant than the shop.
Creating New Flavors
2019 was also the year Damirdjian started breeding. It was the next step after nearly a decade of perfecting his skills. But looking around the game can create doubt. He refused to let it build in himself. The heat would speak for itself. He loves it. He hopes his dedication to those various cultivation practices will help remind folks he’s not just the guy that scaled up the hash hole, as admittedly cool as it is to have the most primo rec preroll in the state.
One of the staples of the breeding is Runtz Mints. It’s an absolute heater.
Hash Holes – Barcelona to L.A.
How does one change the exotic-infused preroll game in California? The concept of a joint with hash in it was far from new in California. We basically started seeding distillate prerolls not long after Damirdjian started cultivating in the early 2010s. They were always boof, maybe even further stacking the chips against the idea of the hash hole.
Damirdjian returned to Barcelona in 2022. Photo: Jimi Devine
Sure, the idea of rolling some heat hash and flowers with friends was cool. But was it commercially viable? Regardless, Damirdjian would find his inspiration on a trip to Barcelona in 2018 with his brother for his first adventure to Spannabis.
At the time, his brother had launched Cookies Maywood a few months prior. Damirdjian started helping with some of Cookies’ first seed drops and in the process heard about Spannabis.
“I felt the need to be there,” Damirdjian emphasized. “I felt the need to go see what the culture is like over there. So I tagged along.”
Damirdjian working to get his seed line into Europe at Spannabis 2022. Photo: Jimi Devine
Damirdjian was a young man there to learn more about the game. There was plenty to take in. He got to help Cookies and 3rd Gen Family with the El Toro in Spain. He helped them package that up and got a first-person view of people entering the world of bulk seed sales with people in Europe. He always felt like the youngest person in the room and just remembered to keep his ears open and to try and learn as much as he could from the international hitters that converge on Barcelona.
During the seed drop, a number of noteworthy characters from the European game come through to see a number of Americans. The American delegation had fire hash. The Spanish culture at the time was more influenced by the California flower market and there were a ton of California-grown flowers.
As Damirdjian watched most Europeans sprinkle their crumbly water hash into joints, he decided to work up some of the American rosin and drop it in the center. Not long after, he would run into Lorenzo from Terps Army in Barcelona and Amsterdam. Lorenzo was doing the same thing.
“I hadn’t met him yet. We met in person over there as this culture was being instilled at that particular time,” Damirdjian said. “I got to give it to my boy Lorenzo. He kept the habit up. He calls them the Terps Donuts.”
Final quality control before packaging. Photo courtesy of Fidel’s
He flew back to America and started rolling more joints loaded with hash. People on Instagram would ask what it was and inquire about the hole in the middle. He would politely emphasize what they were looking at wasn’t a donut, it was a hash hole.
“The word hash hole didn’t even exist. I just didn’t want to call it a donut because I wanted it to be different,” Damirdjian said. “I could call it that. But just to me, it’s the hash in the middle.”
He was also a firm believer that hash holes just sounded cooler than donuts. Some of the early hash hole advertising has joked donuts are for cops.
“Once you started explaining to people what it is, now people call it that. I love it. It’s creating its own culture,” Damirdjian said. “It just wasn’t out there like that. It went from being a smoking habit when I came back from Barcelona to what it is now.”
Damirdjian believes we all have ideas we never really follow through on. But what if he did this? What if he took this thing he started posting as a habit and took it to scale? What if he started hand rolling joints and not packing a cone? All the while using elite flower and hash.
He believed people would mess with it. So far he’s been proven very right. But at first, it was tough to convince people it was feasible to hand roll.
“It didn’t click with people,” Damirdjian said. “And I wanted to sell them for $100.”
Out the gate, Damirdjian’s right-hand man Dabber Dan was the most supportive of the idea. He saw the vision. Dan was amongst the early members of the team when Damirdjian started solidifying it in 2018. Head roller Gio and his cultivation lead Kevin were also onboard early.
Courtesy of Fidel’s
Damirdjian even has his parents helping out. He has so many printers now he’s run out of space and put a printer in their house. He’ll order 50,000 containers and have them label the jars and do QC.
Now there is a flurry of imitation hash holes hitting the market.
“Everyone is doing it their way, you know, and it’s not really about who was first, who did it best, I guess,” Damirdjian said. “To me, it’s about who’s paving the way for the category because that’s what it is. It’s a category now.”
Fidel’s Grown
Damirdjian expects the number of staff to surge to 60 by year’s end as his cultivation operation comes fully online. He’s thankful he didn’t take any of the cultivation deals that came his way over the years as he waited for his moment to enter the legal market on his own terms.
Separately, it’s wild to see someone in his age bracket bootstrap an Adelanto facility solo. It’s the land of corporate dawgs but there is certainly cheap square footage and power for those with the resources.
“There’s no one else, that’s solely me, and I intend on giving out percentages to my team members that are down with me right now. But it’s just me. I just haven’t sold out. I haven’t sold any of it. And people have given me tempting offers. I’ve been guilt-tripped by people that are worth half a billion dollars for not making deals,” Damirdjian laughed.
He always trusted the voice inside and knew where he was heading. That was all he needed. His next vision is a storefront to put all the flower in but right now there is work to be done getting it to the market.
As the flower comes online he also looks forward to further building out his distribution network. He’s already in every Cookies and Stizzy store. The flower is expected to be in high demand when it drops later this summer. One thing that points to this fact is that the value of his products hasn’t changed with the times as many have seen price dips.
“Something has changed. There’s always an adjustment,” Damirdjian said. “That’s what you gotta do. You gotta adjust. I think different, you know? I’m trying to be at the forefront of it.”
Damirdjian’s hash holes are available all over California. Keep an eye out for the flower line later this year.
COLOMBIA STARTS UNIVERSAL CANNABIS HEALTH INSURANCE
Colombia’s state-funded health insurance now covers medical cannabis.
Those already operating in the country are obviously hyped as they prepare to meet the uptick in demand. Clever Leaves is one of the best positioned to take advantage of that expected surge. Clever Leaves was founded in 2016 by Andres Fajardo, a longtime business partner, and The Former Drug Policy director of Colombia. Think more of someone that ran the Office of National Drug Control Policy that falls under the executive branch as opposed to the head of the Drug Enforcement Administration (DEA).
“We saw an opportunity because the legislation was changing early on and we thought Colombia has what it takes to win in the global cannabis market, given its cost structure and agricultural conditions,” Fajardo told L.A. Weekly from Colombia.
Andres Fajardo
Fajardo and his partners were also excited to have a hands-on way to help further influence the regulations that would be coming down the pipeline and take part in an essential step for the nation’s cannabis history.
While things are happening fast, a lot of that history has long been attached to epic land-race genetics that made their way to the coastal Santa Marta region nearly 1,000 kilometers north of the capital Bogota. The most famous being the Colombian Gold that lived to its name because if the packs made it to the other side of the Caribbean, someone was getting rich.
While the laws changing in the late 2010s was certainly a factor, the core of the policy that allowed for medical cannabis in Colombia was a law from 1986.
“The law passed but the decree and the more granular pieces of legislation were not there. But they passed some, some of that in late 2015,” Fajardo explained. “The opportunity opened, we got a license, but then, during 2016 and 2017, there was a change in regulation.”
That change was the breathing room they needed to start the building blocks of a true industry in Colombia. By January of 2018, they had scored some extra capital from the U.S. and were in full swing. They’re now up to 1.8 million square feet of cultivation.
When they first got the ball rolling, they were only allowed to do extracts. But all that has changed.
Fajardo argues that most of the cannabis being grown in Colombia right now is being targeted for smokable flowers. Sure, they’re still growing the materials for extract, they’ve been exporting it for a few years already. Now it’s about prepping the next big export, smokable flower. Everything Clever Leaves needs to export flowers has already been enacted over the last two years; it expects to start exports in the first quarter of 2023.
The biggest markets off the bat for Clever Leaves are expected to be Germany and Australia.
Fajardo says a lot of the company’s growing pains were experienced in their Portuguese facility back in the day. That is where they learned the important lessons about growing smokable flowers compared to bulk extract biomass, and not the terp-heavy kind stuffed in freezers in California.
Another thing playing into their favor is, they’ll be able to grow a lot of different cannabis across their cultivation portfolio cheaply in hopes of having something that speaks to everyone.
“The cost of the Colombian capacity that we have allows us to launch more and more strains more easily than in other countries,” Fajardo said. “So we expect to be expanding our flower portfolio very significantly during 2023 and the years thereafter.”
Fajardo says Colombia’s natural light cycle and weather will play a big factor in that. The days are basically 12 hours of sunlight and darkness each, year-round, and then they just have to adapt for the drier and wetter seasons, which Colombian agriculture is long accustomed to doing.
Fajardo went on to explain what Colombian patients have had to deal with over the last few years, prior to the federal insurance plan. He believes access has been very difficult for patients, particularly in a country like Colombia, with universal health coverage. The further normalization of the industry is now allowing the industry to build up to meet demand.
But what makes being a medical cannabis company in a universal healthcare environment tricky?
“Colombian people are not used to spending out of pocket at all because everything is paid. So when you ask them to pay $6, they are OK. But if you ask them to pay 20, 30, 40 bucks, people will just not do it,” Fajardo said. “Now the question is, is the medicine going to be available and affordable? Now with this change, the market expands abruptly because it’s 50 million people, all of us insured. So that poses a very attractive possibility. “
We should have an idea over the next few months of the level of demand they can expect in the Colombian medical market.
