VITAL GARDEN SUPPLY PROVES ORGANIC CANNABIS IS SCALABLE Photos by Jimi Devine VITAL GARDEN SUPPLY PROVES ORGANIC CANNABIS IS SCALABLE JIMI DEVINEMAY 11, 2023 The team at Vital Garden Supply continues to prove cultivating organic cannabis is very much possible at scale. As mega gardens have become more prominent and significant in the wake of…
VITAL GARDEN SUPPLY PROVES ORGANIC CANNABIS IS SCALABLE
Photos by Jimi Devine
VITAL GARDEN SUPPLY PROVES ORGANIC CANNABIS IS SCALABLE
The team at Vital Garden Supply continues to prove cultivating organic cannabis is very much possible at scale.
As mega gardens have become more prominent and significant in the wake of Prop 64’s passing seven years ago, people wanted more shortcuts to go with the scale of their operation. Many didn’t care much what was in it if it passed testing and made their lives easier. Much of the time because they weren’t smoking it themselves.
Brian Malin from Vital Garden Supply is the exact opposite of that ethos. Since 2006, Vital Garden Supply has provided California gardeners of all kinds with the means to grow things organically. But, of course, the company holds a special place in the hearts of cannabis farmers, to the extent that when the state said it was time to create a mechanism to certify organic cannabis farming in California, they called Malin in to help write the rules for the OCal program.
Pacific Reserve in Salinas.
This week we got to visit Pacific Reserve’s farm in Salinas. The garden was founded by Andy Demico, Billy Tomlinson, Brook Eagle, Bryce Heart and Malin. Most of the group of founders met in Grass Valley or Santa Cruz by using Malin’s products.
Malin is deeply connected to the farm. Not only does it serve as the largest visible example of what’s possible organically with his products, but his son spent the last few years climbing the ranks through compliance and processing to become cultivation director.
Malin went on to note there are other big farms using his products, but as of right now, the Pacific Reserve facility is going the hardest with them. Lots of people use Vital’s cocoa and other baseline nutrients to build out their own programs that may not end up totally organic.
“But Pacific Reserve is 100% on the program, we have other full sun ones that are maybe a couple of acres that are probably similar,” Malin told L.A. Weekly at the farm.
The group inspects a La Bomba x Oreoz pheno hunt.
We asked Malin when a company like Vital went from serving smaller-scale operations to the mega-farms of the modern era, too.
“Well, it was a slow and steady climb from 2006, that was the first year,” Malin said. “Here we are 17 years later, I’d say the last 10 we’ve been handling some pretty good scale stuff. I think the first really big customers were when these guys first had the place across the street and Crockett’s place. That was like 2,000 yards of soil. It was sweet.”
Malin was never thinking in terms of 10,000-square-foot greenhouses when he started. It was more like he felt he needed to start it to help supplement his own grows and more on a local scale.
“So I definitely didn’t think of it turning into what it did. It’s pretty crazy,” Malin said. “People are using it now, using around not necessarily the whole world, but definitely all over the U.S. and the Caribbean on the islands. And it’s all clean and organic. So it helps me sleep well at night, knowing I’m like teaching good practices and cutting down on the use of other products that aren’t as good for the planet.”
La Bomba x Oreoz
We asked Malin how he balances growing the company and putting in the work in the garden that’s helped get it this far. He pointed to a combination of intuition and urgency, then laughed, noting it was basically whichever seemed the more important of the two on a given day.
Recently Pacific Reserve’s parent company Kolaboration Ventures Corporation (KVC) bought Massive Creations and brought on breeder Shiloh Massive as its new head breeder.
“Shiloh will use the large cultivation and nursery footprint of KVC as the backbone to breed, select these unique cultivars and bring them to market in a wide variety of consumer products,” the company noted when announcing the deal earlier this week.
Massive joined us in Salinas for the day and explained that his original dealings with Malin saw him first visit the farm in 2016. Originally he gave them some cuts to mom out so he would have plants to back his work as Massive Creations continues to expand.
“So it was like kind of a no-brainer to let these guys have some proprietary genetics to run,” Massive told L.A. Weekly. “And then I could tap out and get some like clones from them to entertain other parties.”
A recently harvested room.
It went well. The relationship continued to grow, the farm wanted to run more of his great, and eventually, it got to the point where they acquired Massive Creations and brought Shiloh in-house.
“It was a long way, but a short time,” Massive said. “It just kind of happened almost overnight toward the end.”
Massive went on to note how fitting the whole thing was given his long history with Vital.
“I worked in the Vital warehouse. I drove the forklift. I loaded trucks. All the seeds I’ve ever made have been made with Vital since it was ever a product, so it was just a natural fit,” Massive said. “Brian and I have been friends for a long time.”
Since coming on board, Massive has watched the rooms begin to be transitioned to a fully organic program, room by room. Each of those rooms is the size of a small aircraft hangar, so it’s a delicate process, so as to not screw up any production runs.
That being said, the team swears by the recent results.
“Everyone is amazed because the last salt run didn’t look too good,” Massive said. “And now the first organic runs are looking amazing. So it just kind of proves what we thought all along that organic cannabis was, I don’t want to say superior, but it’s just a great option for any kind of farming.”
Salinas is a much different environment than where Massive did most of his breeding work in the Emerald Triangle. Right now they are working through his library to figure out what works best.
“Not every strain is hitting a home run. So now that we got a plan and we’re going to do more pheno hunting, we can do on-site pheno hunting and have a clone garden that kind of feeds this seasonally and we know which strains do better and which season,” Massive explained. “So we’re just in the infancy of it all. And we’re just tapping into the potential, but it’s really exciting to be along for the ride and to actually get a place to start playing with everything I’ve done.”
And it should be worth noting there is plenty of heat growing twice. Some of Pacific Reserve’s neighbors have won The Emerald Cup before. We’ll have the results from this year’s cup next week.
This week we’re excited about what’s to come for the cannabis industry in 2024.
Last week we covered the fact that life is less than perfect in cannabis while highlighting some of the things we believed caused a lot of our headaches in 2023. This week, the opposite. We’re highlighting the things we think are going to help everyone turn it around.
Finally Fixing LA’s Equity Program
Here in Los Angeles, one of the biggest calls to action from the cannabis industry for the new mayor’s office continues to be the repair of the L.A. Social Equity Program. It was awesome to see 100 Social Equity Individual Applicants were randomly selected to apply for retail cannabis licenses last month, but the couple hundred people who invested their lives into putting their ducks in a row for the program are going to demand more. And while the new mayor’s office is separate from the scandals of the fall, they may have to pay the bill if a class action lawsuit ends up developing from the then-racist city council having original control over the program that drained so many coffers.
Standardized Testing?
It originally looked like we would have standardized lab testing this year. It seems a little hazy at the moment, but we wanted to put it on here to push the idea. Currently, cannabis labs have no fixed standard operating procedures. A lot of the time they’re just following the instructions for whatever hardware they bought. Then adjust the standard operating procedure to their liking. That’s where you see the variations in testing numbers from lab to lab. The idea of people shopping around their cannabis at labs to get the best numbers possible is a real thing. This is more so an issue with potency and terpene testing as opposed to heavy metals and pesticides.
Wider Access in America
It’s critical that California cultivators get access to more shelf space soon. While the state continues to drag a bit, the idea of stocking shelves all over the world with cannabis grown in California is appealing to people. The first shelves will probably be domestic, and step one is having as many states with legal access to cannabis as possible for when that day comes. And it’s not that far out. Some regulators figure it will be a few more years. Whenever it is, it’ll certainly make people’s lives a lot easier. We don’t think it will happen this year, but we’ll be talking about the mechanics of it by December a lot.
The Pace of Change is Fast
I know it’s going to take some time for the other stuff I mentioned, but it’s easy to see how fast things are moving for cannabis all over the world. It’s like a snowball with a rocket sled behind it pushing it even faster as it grows and grows rolling down the mountain. Now is everyone hoping to get sucked up by the snowball a saint? Doubtful. But the bigger the snowball gets, the more opportunities there will be for nice people to take part. Plenty of people entering the cannabis space now aren’t haters, they were just scared to go to jail back in the day.
A new survey from Wired Research suggests most American adults will be including cannabis in their Valentine’s Day plans.
According to the survey, 61% of American adults plan on using cannabis or gifting it to someone this Valentine’s Day. The survey was commissioned by Verano Holdings to see how consumers would treat cannabis around the holiday as it continues to get further normalized nationally.
Another fascinating takeaway is the number of Americans that will skip booze this holiday season and opt for cannabis. Wired Research put the number at about 19 million. If just half those people bought a top-shelf eighth for the holiday, you’re talking about $60 million dollars in revenue before you even add the taxes.
While it was close, men were a little bit more likely to include cannabis in their Valentine’s Day plans (66%) than women (57%). This gap is actually closer than the gap between men and women admitting to use in wider society. In 2016, Columbia University Professor Deborah Hasin noted the rates at which men and women used cannabis had held steady for a long time at 13% of men and 7% of women through the mid 2000s. But in 2007, experts started to see a shift that would see the rate at which men were using rise another 4% while women’s use rates would rise 3%.
Younger folks were a lot more down with adding cannabis to their holiday plans than seniors were, with 70% of Gen Z and Millennials surveyed saying cannabis very well could end up a part of their holiday plans. But even then, the seniors weren’t that far behind. While the survey was just under 1,000 people, the idea that more than half of the two oldest categories said they’d be including it in their plans was pretty wild. That is probably the number it would be fascinating to see scaled up into a bigger survey the most.
Another big factor that will separate use rates this holiday? Kids. Parents were found to be more likely to partake in cannabis on the holiday than their childless peers. The survey found 69% of people with kids planned on making cannabis part of the fun, while only 57% of those without offspring said they’d be partaking.
As opposed to just another part of the evening’s fun, many argued they were using it as a tool to inspire romance.
“The data from the survey show that Americans use cannabis to relax or improve their mood, which can help people be present and more connected, which is crucial to a better love life,” said Dr. Shannon Chavez, a Beverly Hills psychologist and sex therapist. “Valentine’s Day is a great opportunity for couples to try something new together and try a more dynamic and less formulaic approach to intimacy, which cannabis can help inspire.”
Americans are starting to come around on the idea. One in four surveyed believed cannabis would help get them in the mood. While separately, one in four surveyed said they expected to perform better sexually with the help of cannabis.
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.
Predictmedix Inc. may have the answer to squash concerns about stoned driving.
The lack of a validated mechanism to test someone’s level of impairment from cannabis use on the spot has complicated the national rollout. Regulators and elected officials vent their fears about stoned driving all the time. You can test someone’s saliva, urine, blood or hair, but these detection methodologies are too dated for the modern era. Mostly because they aren’t focused on the moment but whether you’ve used drugs over a more extended time frame that goes long after the impairment has stopped. If you were to base impairment on those tests, you would have a ton of false positives since more of the workforce are enjoying off-the-clock use and have those spent THC metabolites in their system.
The same people who don’t want to change drug testing laws to protect off-the-clock use are ironically well-versed in the reality of current testing not truly benefiting public safety in real time. But what if you could use artificial intelligence to determine someone’s level of impairment in 20 seconds?
Predictmedix calls itself an emerging provider of rapid health screening, medical devices, and remote patient care solutions globally. Over the last three years, the now publicly traded company has raised $3 million.
“And all that money has gone into developing the technology. And now we’re commercially deployed,” Toronto venture capitalist Steve Singh told L.A. Weekly. He went on to break down the difference between their tech and the breathalyzer tech that’s been in development for years. “With the breathalyzer and you get a result in 20 minutes that’s biased, with Rahul’s technology, it’s 20 seconds and unbiased.”
The Rahul that Singh mentioned is Dr. Rahul Kushwah who founded Predictmedix after leaving academia to pursue AI-based impairment testing. To date, 50,000 people have now been screened by his Safe Entry Stations at places like The Super Bowl and F1 races.
The stations are powered by a proprietary AI. It uses multispectral cameras to analyze physiological data patterns with its screening technology to detect many conditions. They include cannabis or alcohol impairment, infectious diseases, mental illness, Alzheimer’s, Parkinson’s, respiratory illnesses, COVID 19, and signs of fatigue. The stations are about 90% accurate. Kushwah told LA Weekly that the tech still had trouble with people under the age of 18 and over 75. If you were to remove those groups from the data pool, he estimates the accuracy would be well over 95%.
“It’s almost like we have developed this new language. With this language, you can write impairment, you can write fatigue. You can write health care parameters, screening for diseases, whatever you want. So effectively, we have a platform that can be used to screen an unlimited number of things,” Kushwah said.
We asked Kushwah how helpful it is to have the road out in front of them with no real sign of another mechanism to test a person for their current level of cannabis impairment in the near future.
“So let’s say we talk about cannabis impairment. First of all, this whole concept of using breathalyzers for cannabis just cannot work from a scientific perspective because the only time you can make a freaking correlation is if you can measure the level of THC in the brain,” Kushwah replied. “The THC has to cross the blood-brain barrier to impair you in the first place. So that’s why we’re not even going after measuring THC. What we’re identifying are signs of impairment.”
Kushwah went on to explain, Predictmedix can actually create thresholds in terms of what you want to define as impairment within your organization. If it’s zero tolerance, they can make it that way in the Safe Entry Stations. The red light is going to come on, even if somebody is showing just the slightest signs of impairment.
Since launching the Safe Entry Station, Predictmedix has worked to scale down the machines to something a bit more manageable. They’ve not reached the point where they’ll release a phone app that pairs with a small multispectral camera you plug into your phone.
“You put the camera in front of you, you look at the camera, you say a few sentences that are popping up on your phone and that’s it, and that can be used to identify impairment in 10 to 15 seconds,” Kushwah said.
Kushwah explained the reason for using multispectral imaging is because they don’t really care about how you look on top of your skin. He argues there is no such thing as looking stoned.
“It’s more about, how are the changes in the underlying blood flow patterns that we are able to identify. And that’s part of the reason that our technology, I mean, is a bit Star Trek in a way. I mean, just think about it. Not only the technology can tell you if you’re impaired if you’re fatigued, but it can also tell you your heart rate, breathing rate, temperature and a lot of your vitals, without even touching you,” Kushwah said. “ And we have completed a few clinical studies in different parts of the world where we have had medical institutions basically signing off on our technology and saying how this is the future and the future is now.”
The app could certainly be a game changer. Imagine police officers being able to give people impairment tests without even getting out of their cars. If they fail, they can do a full sobriety test that would confirm the test or catch a false positive
We’ll continue to keep an eye on how this plays out.
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.
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.