THE STRAINS OF SUMMER AND WINTER 2023 We’re deep into summer, and it’s time to celebrate The Strains of Summer we’re most excited to take with us to the beach, ballpark, and beyond. Los Angeles has no shortage of heaters to be pumped on, but we grabbed some other flavors from around California we’re sure…
THE STRAINS OF SUMMER AND WINTER 2023
We’re deep into summer, and it’s time to celebrate The Strains of Summer we’re most excited to take with us to the beach, ballpark, and beyond.
Los Angeles has no shortage of heaters to be pumped on, but we grabbed some other flavors from around California we’re sure you’ll find up to the task. There are a lot of new flavors on the list and some more established hitters we couldn’t leave out.
The Strains of Summer 2023
CAM – Biscotti BX1
The Biscotti BX1 coming out of CAM’s Sacramento facilities is easily some of our favorite cannabis we got to sample in recent months. The BX stands for backcross. The terpene profile is a trip down memory road to the Biscotti flavors that made the strain famous, but one might argue the backcross is even louder than the original.
Alien Labs – Dark Web
The new flavor Alien Labs used to qualify for the Transbay Challenge main event was a super hitter. While the green weed movement recently got some wind in its sails, Alien Labs is here to remind you of the power of purple in a way that brings you to the borderline of function and couch lock. There is no trade-off for flavor and potency either with Dark Web — it certainly checks all the boxes.
Fiore – Gary Z
Do you like Gary Payton and Zkittelz? Boy, do we have some great news for you. The new pairing of the two from Fiore is simply awesome; we recommend still trying it even if you didn’t like the original. And someone at Fiore absolutely nailed it on the phenotype selection, you can pick out both flavors really specifically. This is a great start to the day without a panic attack weed with a bit of body to it to pair with the relaxed but now slouchy high.
Green Dawg – D1
D1 – Courtesy of Green Dawg
We love Diesel here at L.A. Weekly. We’re sad to see where things have gone in recent years. Thankfully the Vermont-born leadership team at Green Dawg also missed the famous east coast flavor. Their new strain D1 is a testament to that diesel of years past. It’s not quite as fuely as some of the old cuts, but it certainly smells and tastes right, so we understand the enthusiasm for the new strain.
Connected – (Forbidden Fruit x Gelato 41) x Atomic Apple
The trophy shelf at Connected has run deep over the years. We certainly think the new (Forbidden Fruit x Gelato 41) x Atomic Apple they found will be added to the collection in the not-to-distant future. I’m not even a Forbidden Fruit guy, but boy does the flavor profile on this one absolutely hit the mark as some weird Forbidden Fruit x Dessert Weed symphony. While it’s still in the brown tester jars around the state, the word is, Connected already moved it into full production.
Cookies Maywood – House Strains
Courtesy of Cookies Maywood
The best bang for the buck on this list is the house strains at Cookies Maywood. I didn’t realize they were a thing until earlier this month when I stopped by to see all the new flavors. I ended up leaving with a quarter of the Sunset Z. Probably my best buy of that weekend for sure since it was heat. I’m looking forward to heading back to try the other flavors. Hit me up and let me know what you think of them.
The Ten Co – Blue Zushi
Courtesy of Brandon Mayfield
A Strains of Summer list without Blue Zushi on it would be garbage, so we’re certainly not treading into those waters. The two-time Zalympix winner, the second time beating out over 120 competitors to reaffirm their glory, keeps hitting the mark on fantastic flavors and excellent branding. It’s hard to name a company that has been able to hit the mark better on both of those things than The Ten Co.
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It’s time to buy some presents for the pot enthusiast in your life.
It can be tricky. A lot of people have been gifted boof by well-intended people over the years.
“Maybe Billy wants grass,” they reasonably thought. They just didn’t have a metric for quality in their heart.
Fear not, this list has something for everyone. Be it a Christmas-themed chocolate bar for grandma or American-made glass for your baby wook you can’t get to move out of the basement. Here are some great options for Christmas 2022.
Kiva Tree Bark
Courtesy of Kiva
While its grave is the holiday champion, Kiva’s tree bark is nothing to scoff at. It’s a fantastic Christmas-themed edible the whole gang can enjoy. The chunks of peppermint also make it one of the least weedy tasting edibles since the peppermint is going to dominate your palate. And the regular strength is just what you need for the holiday cannabis newbies getting in the mix.
Courtesy of AFM Glass
Alien Flower Monkey Glass Quartz Bangers
We try our best to highlight great American-made affordable quartz when we get the opportunity. Only adding to the fun is the fact that Alien Money Glass is made in Los Angeles. We’re going to do a full write-up on them in the not-too-distant future but wanted to make sure quartz was on your radar, so you could scoop some for the dabber in your life.
Lonnwikk Hemp Yoyo
Hemp wicks are nothing new, but the idea of adding them to a yoyo certainly is. We were gifted a Lonnwikk at MJ Biz Con in Las Vegas. It was certainly one of the more unique products we saw during our week on the strip for the cannabis industry’s mega show. The purpose of the hemp wick is to prevent the butane in the lighter from impacting the flavor of the terpene profile.
Sacred Fruits Mystical Micros
As we noted in our coverage of the first Phase One trials around the benefits of LSD microdosing, microdosing psychedelics is all the rage these days. And it’s generally a lot more popular with psilocybin here in California given the level of access we have to quality mushrooms and the products made from them. The team at the very popular Sacred Fruits brand has blessed the world with a fantastic dosing format with their musical micros. One pill will give you a microdose that will promote a bit of extra mental clarity, three to five pills will have you feeling hyper connected to the galaxy, and once you get past five pills you’re starting to dabble in full sensory hallucinations. Pretty awesome.
Masonic Seed Co
The pride of Compton wants LA Weekly readers to get some steals and deals this holiday season on its popular seeds lines. If you enter “LAWeeky” into the discount code at checkout, you’ll get a whopping 50% off. The only deal this isn’t compatible with is Clutch’s 50,000 Acre Bundle.
The Weed, Sex, and Chocolate Guide is back to help you with your quest to enhance the Valentine’s Day festivities.
Weed is one of the greatest Valentine’s Day gifts of all, regardless of your plumbing. You can buy it for the person you started dating last week or last decade and you never have to worry about it being too over the top. Not the lube, but the other stuff.
We’ve always used this list to highlight the chocolate of the moment. We’re also trying to include plenty of new faces this year, but you’ll certainly recognize a couple of OGs that just have it down. Nevertheless, we’re sure this lineup of cocoa in all its glory produced all over California will fill the air with, at the very least, a love of weed chocolate.
The Weed
Alien Labs – Super Silver Haze x Xeno
The pheno of SSH x Xeno that we tried was probably the haziest American thing we’ve ever had the chance to sample. It tastes more like something from Europe than Sacramento. I think the thing that shocked us the most was just how overpowering the Haze terps were over the complexity of Xeno. A lot of people would argue hazes are some of the best sex weeds with the exception of this dominatrix I knew from San Francisco who said Blue Moonshine. But I think she just wanted a heavy indica to make it easier to tie people up.
Symbiotic Genetics Rosin
Courtesy of Kalya Extracts
Symbiotic Genetics is one of the most stored seed companies of the decade. In addition to its genetics taking top honors at Chalice, its work has dotted podiums all over the world for years. I even saw some Mimosa grown in Africa that would be competitive. As luck would have it, the amazing flavors are now available in hash made by some of the world’s best extractors. Keep an eye out for their work with Royal Key Organics and Kalya.
The Chocolate
Fig Farms – High Flyin Chocolates
Courtesy of Fig Farms
The first-ever Emerald Cup indoor flower champions are diving into the world of edibles with a new chocolate offering. Made from the same quality material that’s taken home a podium spot in every contest it has ever entered, you’ll certainly be able to feel the difference. But the actual flavor of the Cookies and Cream rosin-infused chocolates is spot on, too, with no weedy flavor to it at all.
Oui’d Confections
Courtesy of Ouid
Is another rosin chocolate starting to make waves, Ouid is owned and operated by Michelin and James Beard Award-winning chefs Matthew Kim and Matt Rowbotham. The pair strived to bring their high-end cooking experience to the world of cannabis edibles. They argue that they are putting out restaurant-quality confections and it would be hard to say otherwise. Ouid Confections is available all over Los Angeles.
Cosmic Cookie Dough
Courtesy of Cosmic
We covered the tale of Cosmic Cookie Dough last year, and they remain one of the easiest ways to please vegan edible lovers. If you want to show your vegan lover you care, bake some up for the holiday or just bring two spoons and raw dog it. There are no eggs, so you don’t have to worry about food poisoning.
Punch Edibles
Courtesy of Punch Edibles
Punch always has a Valentine’s day offering, but this year, the new half cookie bar is definitely our pick. Punch is a company that was made famous during the medical era for its potency but had to fall back on quality alone once the value buying aspect of cannabis edibles was lost to the 100mg THC cap that came with Prop 64. This year the company celebrates a decade of getting Southern California lit with its exceptional edibles.
Native Humboldt
Courtesy of Native Humboldt
Want to get your V-day chocolate from a women-owned farm in the heart of The Emerald Triangle? Look no further than Native Humboldt. The bars are filled with the quality and love of the game it takes to be a survivor up north these days. With so many farms devastated over the past few years up north, it’s important to support the farmers up there when you get the chance, but we’re not telling you to buy it out of sympathy. It’s great chocolate.
Jelly Wizard Magic Morsels
Courtesy of Jelly Wizard
We have been a wizard gang since the moment they entered the recreational market. We were literally standing at the booth smoking a blunt with them when they made their first legal sale at Kushstock a couple of years ago. While the gummies helped put them on the map along with some killer hash and flower, do not sleep on Jelly Wizard’s chocolate offering. You can truly taste the hype in The Magic Morsels.
The Sex
Flora + Bast Aphrodisia Intimate Arousal Oil
Courtesy of Fiona + Bast
The dual purpose oil is designed for both topical and edible adventures in the bedroom. Now is the $77 price tag steep for 1,700mg CBD and 1,000mg CBG? Maybe that’s just the cost of great cannabinoid-laced sex these days. Flora + Blast note when applied topically it makes you slippery and stimulates the libido. If you eat it, the CBD makes your Valentine’s Day hookup less regrettable. The oil also comes in a Sex System they call “the kit” (not my quotations) because why not, right? That set features a QR code to download the book “Becoming Cliterate” by author and sex educator, Laurie Mintz, Lelo’s sonic massager Sona II Cruse and the Aphrodisia Oil for $149.
Lavinia Oh.Hi Lubricant
Courtesy of Lavinia
In one of this year’s list’s most heartwarming tales, here is Lavinia’s backstory that I couldn’t possibly word better:
“The brand was founded in 2021 by Katie Enright, a former celibate studying to be a nun. In a quest to help herself and others obtain easy, powerful, multiple orgasms, Enright began by studying cannabis and sex, and created her first product for herself, then for friends, then friends of friends. After an earth-shattering orgasm, Lavinia’s first product, oh.hi, was born.”
The company claims the THC and CBD-infused lube increases blood flow for heightened sensation when applied vaginally or for Valentine’s Day butt stuff. Oh.hi is latex friendly, glycerin-free, glycol-free, paraben-free, hypoallergenic, unscented, unflavored, and 100% vegan. It’ll take about 15 minutes to work, not the slippery part, the weed part. Oh.hi is available at dispensaries all over California.
Here at L.A. Weekly, we have spent the last 12 months on an international quest for the heat and we want to share some travel tips from our adventures ahead of many of you heading to Spain next week for Spannabis.
As the world continued to open back up, we started our travels at Spannabis 2022, later in the year we’d hit the Canary Islands for White Ash Weekend, and make two trips to Bangkok to check out its rapidly evolving dispensary scene. This is in addition to all our domestic adventures and traveling California from Arcata to Adelanto in search of the best cannabis in the world.
In the process of all that, we’ve made a few key observations to make your travels more fun.
Preflight Sesh
Is there anything more fun than getting rocked before you go through TSA to depart to god knows where to enjoy some exotic marijuana? Probably. Regardless, it’s a great time. Some people are scared to smoke giant joints or blunts at the airport, but you’ll more than likely be fine if you’re somewhere cannabis doesn’t get you prison time. As for TSA, I carry an ounce on me with a doctor’s recommendation PDF ready to go in the event of a worst-case scenario. Also, it’s best to keep your weed in your carry-on. Most of the dogs you actually see at the airport are bomb dogs, the drug dogs are smelling stuff as it lands in the international terminal. But if you’ve already landed on an international flight and see a dog, it’s probably a drug dog. They figure you would have blown up by the time the plane landed if you were a terrorist and they keep the different types of working K9s separate — the dogs get confused seeing the other dogs get alerted and affection over smells they haven’t been trained on.
The More Exotic the Destination, The More You Need to Bring Your Own Rolling Supplies
You can probably buy most of your favorite rolling supplies in any major city in the world, but prices are going to vary. For example in Barcelona, I spent the second to last day of the trip hunting for Backwoods, while the homies prepped for a party. The box of woods I found would run me about €60. That’s roughly $63, which is very comparable to buying a box in America. They’re most expensive in CA these days; you can score them a bit cheaper than that in other parts of the country. In Bangkok, that same $63 only gets you one pack from that box of eight we got in Barcelona with five blunts in it. Even worse, if you get a stale pack, you’re screwed. But Bangkok is so humid that every wood we got in our pack seemed pretty fresh.
Be Polite About Spliffs
Don’t hate the culture internationally. Just say you don’t use tobacco, in a nice way. If people want to mix tobacco with their weed because they love spliffs, or just to stretch it out due to living under the yoke of the oppressor, don’t be a hater. You have to remember soccer and spliffs have a lot in common, they’re the most popular thing outside America. On a positive note, since spliffs are so popular you can basically smoke blunts everywhere you can puff.
Swiss Army Trail Mix
There is a solid argument to make that trail mix is the most underrated drug smuggling tool in the modern era. You just bring your weed or mushroom chocolate bar to the airport, buy a fresh pack of trail mix available at nearly every domestic U.S. airport, break up your drug chocolates in bigger chunks than the regular ones and throw them in the bag. This is also one of the best ways to get weed into the worst places if you’re understandably scared to pull the trigger on flowers or hash.
Make Sure You Know Just How Mad The Locals Get
Speaking of the worst! Don’t get Brittany Grinered — there is a good chance you’re not even an Olympian. It’s best to figure out ahead of time where things are going to fall on a scale of all good to having to bribe police, or worst-case scenario, becoming a political pawn over munitions shipments to Ukraine. But a lot of places are great. In Thailand, the most popular answer I got about smoking in public was: just don’t bother anyone. Seemed pretty fair to me.
Local Access
Before I was L.A. Weekly’s pot critic, I was regularly hunting for pot in different locations. One time in Mexico I ended up in a bait and tackle shop run by the cartel standing in a line five people deep. Everyone else was there for blow, and when I got to the front of the line the dude was like, “Hey, it’s the weed guy!” in reference to my appearance. A couple of armed men and I had a good laugh. But that’s the advanced class! You should start by asking bartenders and bellhops. They know they’ll get it back in tips if they hook you up.
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.
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.”
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.