COLOMBIA STARTS UNIVERSAL CANNABIS HEALTH INSURANCE Colombia’s state-funded health insurance now covers medical cannabis. Those already operating in the country are obviously hyped as they prepare to meet the uptick in demand. Clever Leaves is one of the best positioned to take advantage of that expected surge. Clever Leaves was founded in 2016 by Andres Fajardo, a…
COLOMBIA STARTS UNIVERSAL CANNABIS HEALTH INSURANCE
Colombia’s state-funded health insurance now covers medical cannabis.
Those already operating in the country are obviously hyped as they prepare to meet the uptick in demand. Clever Leaves is one of the best positioned to take advantage of that expected surge. Clever Leaves was founded in 2016 by Andres Fajardo, a longtime business partner, and The Former Drug Policy director of Colombia. Think more of someone that ran the Office of National Drug Control Policy that falls under the executive branch as opposed to the head of the Drug Enforcement Administration (DEA).
“We saw an opportunity because the legislation was changing early on and we thought Colombia has what it takes to win in the global cannabis market, given its cost structure and agricultural conditions,” Fajardo told L.A. Weekly from Colombia.
Andres Fajardo
Fajardo and his partners were also excited to have a hands-on way to help further influence the regulations that would be coming down the pipeline and take part in an essential step for the nation’s cannabis history.
While things are happening fast, a lot of that history has long been attached to epic land-race genetics that made their way to the coastal Santa Marta region nearly 1,000 kilometers north of the capital Bogota. The most famous being the Colombian Gold that lived to its name because if the packs made it to the other side of the Caribbean, someone was getting rich.
While the laws changing in the late 2010s was certainly a factor, the core of the policy that allowed for medical cannabis in Colombia was a law from 1986.
“The law passed but the decree and the more granular pieces of legislation were not there. But they passed some, some of that in late 2015,” Fajardo explained. “The opportunity opened, we got a license, but then, during 2016 and 2017, there was a change in regulation.”
That change was the breathing room they needed to start the building blocks of a true industry in Colombia. By January of 2018, they had scored some extra capital from the U.S. and were in full swing. They’re now up to 1.8 million square feet of cultivation.
When they first got the ball rolling, they were only allowed to do extracts. But all that has changed.
Fajardo argues that most of the cannabis being grown in Colombia right now is being targeted for smokable flowers. Sure, they’re still growing the materials for extract, they’ve been exporting it for a few years already. Now it’s about prepping the next big export, smokable flower. Everything Clever Leaves needs to export flowers has already been enacted over the last two years; it expects to start exports in the first quarter of 2023.
The biggest markets off the bat for Clever Leaves are expected to be Germany and Australia.
Fajardo says a lot of the company’s growing pains were experienced in their Portuguese facility back in the day. That is where they learned the important lessons about growing smokable flowers compared to bulk extract biomass, and not the terp-heavy kind stuffed in freezers in California.
Another thing playing into their favor is, they’ll be able to grow a lot of different cannabis across their cultivation portfolio cheaply in hopes of having something that speaks to everyone.
“The cost of the Colombian capacity that we have allows us to launch more and more strains more easily than in other countries,” Fajardo said. “So we expect to be expanding our flower portfolio very significantly during 2023 and the years thereafter.”
Fajardo says Colombia’s natural light cycle and weather will play a big factor in that. The days are basically 12 hours of sunlight and darkness each, year-round, and then they just have to adapt for the drier and wetter seasons, which Colombian agriculture is long accustomed to doing.
Fajardo went on to explain what Colombian patients have had to deal with over the last few years, prior to the federal insurance plan. He believes access has been very difficult for patients, particularly in a country like Colombia, with universal health coverage. The further normalization of the industry is now allowing the industry to build up to meet demand.
But what makes being a medical cannabis company in a universal healthcare environment tricky?
“Colombian people are not used to spending out of pocket at all because everything is paid. So when you ask them to pay $6, they are OK. But if you ask them to pay 20, 30, 40 bucks, people will just not do it,” Fajardo said. “Now the question is, is the medicine going to be available and affordable? Now with this change, the market expands abruptly because it’s 50 million people, all of us insured. So that poses a very attractive possibility. “
We should have an idea over the next few months of the level of demand they can expect in the Colombian medical market.
We headed north to the redwoods for the latest installment of the original cannabis-friendly music festival, Northern Nights.
The festival’s geography plays a significant role in its place in the history of cannabis progress. The venue, Cook’s Campground, sits in the heart of the Emerald Triangle stretching across the county line separating Mendocino and Humboldt. In addition to all the fine local cannabis, attendees spend their weekend enjoying up-and-coming EDM acts across numerous stages, and floating on the river.
This past weekend we got the chance to sit down with many of Northern Nights’ co-founders as they celebrated the festival’s 10th anniversary, including Andrew Blap, Peter Huson, Matty “Worldfamous” Roberts and Emily Wilson.
The festival has long been associated with legal cannabis sales after hosting the state’s first at music festival in the wake of Prop 64’s implementation. Following Northern Nights’ lead, major festivals around the country jumped on board with the idea, including EDC Las Vegas and Dirtybird Campout. In past years, those sales were confined to specific areas — last year even featuring two stageside dispensaries and a main cannabis activation area. This year the entire cannabis footprint was integrated into the heart of the festival, a short walk from the mainstage under the shade of the region’s massive trees.
We asked the Northern Nights team what it was like pushing that further integration this year.
“I think the big thing in working in two counties is first and foremost the context of where you are putting things,” Huson told L.A. Weekly. “When it comes to the history of cannabis events here, it’s the local jurisdiction, you have to start there. Mendocino passed their ordinance and we could bring a couple of dispensaries into Mendo.”
Courtesy of @y.s.a
But there was a lot of separation between those dispensaries.
“And ultimately, I think the premise of boundaries, aka fencing, has been a big thing in terms of limiting the number of sales,” Huson said of the caged-in areas. “I think the different places that we were putting the dispensaries if you wanted to get them, for example, all the way out to the river, it’s a lot of overhead.”
A big part for the team was making sure those local sponsors from the cannabis industry felt right. Huson notes there have been a few folks in the space doing these events for a while, but the brands taking part fund the progress to prove what can be done.
Courtesy of @anthonysvendsen
Matty Roberts added pushing boundaries is in line with the general ethos of the festival over the years.
“We’re booking cutting-edge shit, which makes our lineups very eclectic. We pick all this cool music because we’re kind of in a sweet spot. We’re not a big event. We don’t have a ton of money behind us, so we have to get scrappy and find a lot of new stuff.”
Roberts laughed, noting people look at the old posters from over the decade and act like the performers back in the day were bigger, but they didn’t actually know who a lot of those now big-name acts were when Northern Nights booked them.
“Now you look back, our lineup from eight years ago looks like a $2 million lineup,” Roberts said.
Roberts spoke of coming from the Midwest where a stem on your shirt would land you in jail. He’s thrilled to help facilitate a good time for a younger generation that never has to know those horrors.
Emily Wilson went on to speak that filling the void that Reggae on The River left in the hills is an honor.
“But there is a lot of responsibility as well. That means, we have to do the due diligence in finding new and up-and-coming music, working with local cannabis businesses and producers who have been working in the community a long time and supporting it through these transitions.”
@y.s.a
Wilson argued sometimes that means bringing in both the little guys and the big guys. She said that is a responsibility you can see they take seriously across the festival with not just cannabis but local wineries and breweries, too.
“Every single facet that we can, and where we’re able, we want to support local and present the best that Northern California has to offer. We’ve got Humboldt Bay Oysters fresh from the docks,” Wilson said.
One of the things Wilson said she enjoys the most is those people that have stuck with them since year one. Through all the trials and tribulations of being a small independent festival and the learning curve that came with it, they kept coming back, and that meant a lot to her.
The actual cannabis section itself was really well done. As in years past, it provided a shady reprieve from the Northern California sun that hit 94 degrees Saturday in what felt like 1,000% humidity. One of my favorite parts of the festival was the morning sound bath in the cannabis zone. You would see people tiptoeing around all the people laid out, to get to the ATM for their weed money. Everyone was really respectful, but even then, the visual was hilarious.
This year’s switch to delivery was a good move. While it took five minutes longer, it allowed for the entire Northern Nights cannabis experience to be more streamlined than had there been fences everywhere to facilitate a temporary retail site.
The actual weed people were buying was no slouch. Some cannabis activations over the past couple of years have gotten a bit midsy. Sometimes you’d see these brands that can’t even get dispensary shelf space taking a lead at festivals — gross. Thankfully, Northern Nights did not have this problem. I would argue that The Lantz from Ridgeline Farms is the nicest weed for the price I’ve ever seen at any festival. Eighths were only $35! I bought seven over the weekend.
Hopefully, other festivals trying to get into the cannabis game will take note of how well Northern Nights did it.
Bruno Van Holland, one of California’s premier joint rollers, took his act on the road to judge the Canary Champions Cup.
As the world exited the pandemic, one of the aspects of the cannabis industry that exploded the fastest was the hand-rolled joint scene. And in addition to the material going into them, the rollers themselves have become the stars of the show. Their ability and access to high-end flowers turned them into more natural likable influencers than the many trying to force it.
Bruno Got in Early
Van Holland is one of a few at the top of the pack. He got in the mix early, and his signature outfits and upbeat attitude quickly made him a staple on the event circuit. At many of the state’s most fantastic weed parties, you’ll find Van Holland posted in a bright corner rolling up cannons.
Given how things have gone for Van Holland, it was no surprise the Canary Champions Cup selected him to judge the pre-rolls.
“My first takeaway is how friendly everybody was,” Van Holland told LA Weekly. “The cannabis community over there is as inviting to us as foreigners – like it was, it was just a welcoming, like the way that they treated us. It felt like an honor just to be there. They treated us great. The first thing that comes to mind is just how well we were welcomed.”
Van Holland added the atmosphere those people are able to create at the social clubs he experienced was really special.
“The vibe there was amazing, the fact that we can go inside of a social club and play pool, smoke and by and by, and all in the same place. It was much different than what I’m used to here,” he added.
What Bruno Witnessed
Van Holland went on to note he appreciated the flower selection. There were many more sativas than he was expecting. He loved the fruit notes found in a lot of them. Given it was his first time hitting cannabis clubs outside America, he was excited to see those California strains that have a spot in his heart.
As for the contest, Bruno liked what he saw.
“In my category, I was impressed with the way that their joints were rolled,” Van Holland said of the entries. “Seeing back rolls is something that I’m not used to seeing here in California. And that hash wrap, I’ve never seen a hash wrap entered into a pre-roll contest before – that was impressive.”
Van Holland added he gets to see the best pre-rolls in the world in California. They are tough to beat. But the ones he saw abroad had their own unique style, which is tough to compare.
Comparing Tenerife to California
Van Holland went on to explain the differences between the sesh scene in California and the clubs in Tenerife.
“I found that people were talking a lot more at these ones. Everybody was kind of sitting around and talking more than the event that I was at today in California,” he said.
Another big difference was the spliffs they smoke.
“So they chain-smoke like crazy, and every couple of minutes, they’re lighting up a new spliff. I thought that the scene there was so much cooler. I thought the way that they had the social club setup was so much cooler than the way that we have the dispensary setup in California,” Van Holland said.
The event organizers were excited to have Van Holland in the mix.
“We were lucky enough to have Bruno in town, the black gloves and friendly smile are iconic. What a wonderful human, always kind and always rolling up just at the right time! He’s a certified hero,” Lawrence from The Canary Champions Cup told L.A. Weekly.
SB-58 Controlled substances: decriminalization of certain hallucinogenic substances.
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
SENATE BILL
NO. 58
Introduced by Senator Wiener (Principal coauthor: Assembly Member Kalra) (Coauthors: Senators Becker, Bradford, Newman, Skinner, and Smallwood-Cuevas) (Coauthors: Assembly Members Bryan, Haney, Jackson, Lee, Low, Lowenthal, Rendon, Wicks, and Wilson)
December 16, 2022
An act to amend Sections 11054, 11350, 11364, 11364.7, 11365, 11377, 11379, 11382, and 11550 of, to add Sections 11350.1 and 11377.1 to, to add and repeal Section 11214 of, and to repeal Section 11999 of, the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL’S DIGEST
SB 58, Wiener. Controlled substances: decriminalization of certain hallucinogenic substances.
(1) Existing law categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and ingestion.
This bill would, on and after January 1, 2025, make lawful the possession, preparation, obtaining, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), and mescaline, for personal use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substances on school grounds, or possession by, or transferring to, persons under 21 years of age.
The bill would require the California Health and Human Services Agency to convene a workgroup to study and make recommendations on the establishment of a framework governing the therapeutic use, including facilitated or supported use, of those substances. The bill would require that workgroup to send a report to the Legislature containing those recommendations on or before January 1, 2025.
(2) Existing law prohibits the cultivation, transfer, or transportation, as specified, of any spores or mycelium capable of producing mushrooms or other materials that contain psilocybin or psilocyn.
This bill would, on and after January 1, 2025, make lawful the cultivation or transportation of specified quantities of spores or mycelium capable of producing mushrooms or other materials that contain psilocybin or psilocyn for personal use, as defined, by and with persons 21 years of age or older.
(3) Existing law prohibits the possession of drug paraphernalia, as defined.
This bill would exempt from this prohibition, paraphernalia related, as specified, to these specific substances. The bill would also exempt from the prohibition items used for the testing and analysis of controlled substances.
(4) Existing law states the intent of the Legislature that the messages and information provided by various state drug and alcohol programs promote no unlawful use of any drugs or alcohol.
This bill would repeal those provisions.
(5) By eliminating and changing the elements of existing crimes and creating new offenses, and by requiring new duties of local prosecutors, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(6) This bill would state that its provisions are severable.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
The Legislature finds and declares all of the following:
(a) For over fifty years, the War on Drugs has caused overwhelming financial and societal costs. The current United States drug control scheme does not reflect a modern understanding of the incentives, economics, or impacts of substance use, nor does it accurately reflect the risks or potential therapeutic benefits of many presently illicit substances.
(b) Drug prohibition has failed to deter drug use, and it has increased its danger. Criminalization of drug use has created an underground market in which difficult-to-verify dosages and the presence of adulterants increase the risks of illicit drugs.
(c) Lack of honest, evidence-based drug education has paved the way for decades of stigma and misinformation, which have contributed to increasing the dangers of drug use.
(d) Encouraging access to harm reduction tools like fentanyl test strips, drug-checking kits, gas chromatography mass spectrometry machines, and milligram scales increases public health and safety by allowing users to make more accurate decisions about their personal use.
(e) Clinical research demonstrates the potential use of some psychedelic compounds, in conjunction with therapy, for the treatment of mental health, such as end-of-life anxiety, depression, post-traumatic stress, and substance use disorders. Observational evidence and traditional uses of psychedelic plants and fungi demonstrate how ceremony and community are utilized to enhance the outcomes and increase the safety of spiritual practice, emotional healing, and responsible personal growth.
(f) Proposition 122 in Colorado, which passed in November 2022, with a 53 percent vote of the state population, will decriminalize the noncommercial, personal possession of psychedelic plants and fungi and establish a regulated therapy system to provide people with therapeutic access to psychedelic plants and fungi.
(g) Measure 109 in Oregon, which passed in November 2020, with a 56 percent vote of the state population, will establish a regulated psilocybin therapy system in Oregon to provide people therapeutic access to psilocybin.
(h) Measure 110 in Oregon, which passed in November 2020, with a 58 percent vote of the state population, decriminalized the personal possession of all drugs, and almost 20 countries around the world including Portugal, the Czech Republic, and Spain, have expressly or effectively decriminalized the personal use of illicit substances.
(i) The City Councils of the City of Oakland and the City of Santa Cruz and the Board of Supervisors of the City and County of San Francisco have all passed resolutions deprioritizing the enforcement of the possession, use, and propagation of psychedelic plants and fungi, effectively decriminalizing in those cities. Since June 2019, the City of Ann Arbor, Michigan, and the Cities of Somerville and Cambridge, Massachusetts have all decriminalized the possession, use, and propagation of psychedelic plants and fungi at the local level. In 2020, Washington, D.C., passed Initiative 81 to decriminalize and deprioritize the possession and use of psychedelic plants and fungi with 76 percent voter approval.
(j) This act will decriminalize the noncommercial, personal use of specified controlled substances. This provision would take effect on January 1, 2025. This act further decriminalizes the use of specified controlled substances for the purpose of group community-based healing, including facilitated and supported use, risk reduction, and other related services, but delays implementation of this provision until a framework for the therapeutic use, which would include community-based healing, facilitated and supported use, risk reduction, and other related services, of the specified controlled substances is developed and adopted. This bill lays the groundwork for California to develop a therapeutic access program for psychedelic plants and fungi.
(k) These changes in law will not affect any restrictions on the driving or operation of a vehicle while impaired, or an employer’s ability to restrict the use of controlled substances by its employees, or affect the legal standard for negligence.
(l) Peyote is specifically excluded from the list of substances to be decriminalized, and any cultivation, harvest, extraction, tincture or other product manufactured or derived therefrom, because of the nearly endangered status of the peyote plant and the special significance peyote holds in Native American spirituality. Section 11363 of the Health and Safety Code, which makes it a crime in California to cultivate, harvest, dry, or process any plant of the genus Lophophora, also known as Peyote, is not amended or repealed.
(m) The State of California fully respects and supports the continued Native American possession and use of peyote under federal law, Section 1996a of Title 42 of the United States Code, understanding that Native Americans in the United States were persecuted and prosecuted for their ceremonial practices and use of peyote for more than a century and had to fight numerous legal and political battles to achieve the current protected status, and the enactment of this legislation does not intend to undermine explicitly or implicitly that status.
SEC. 2.
Section 11054 of the Health and Safety Code is amended to read:
11054.
(a) The controlled substances listed in this section are included in Schedule I.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Acetylmethadol.
(2) Allylprodine.
(3) Alphacetylmethadol (except levoalphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM).
(4) Alphameprodine.
(5) Alphamethadol.
(6) Benzethidine.
(7) Betacetylmethadol.
(8) Betameprodine.
(9) Betamethadol.
(10) Betaprodine.
(11) Clonitazene.
(12) Dextromoramide.
(13) Diampromide.
(14) Diethylthiambutene.
(15) Difenoxin.
(16) Dimenoxadol.
(17) Dimepheptanol.
(18) Dimethylthiambutene.
(19) Dioxaphetyl butyrate.
(20) Dipipanone.
(21) Ethylmethylthiambutene.
(22) Etonitazene.
(23) Etoxeridine.
(24) Furethidine.
(25) Hydroxypethidine.
(26) Ketobemidone.
(27) Levomoramide.
(28) Levophenacylmorphan.
(29) Morpheridine.
(30) Noracymethadol.
(31) Norlevorphanol.
(32) Normethadone.
(33) Norpipanone.
(34) Phenadoxone.
(35) Phenampromide.
(36) Phenomorphan.
(37) Phenoperidine.
(38) Piritramide.
(39) Proheptazine.
(40) Properidine.
(41) Propiram.
(42) Racemoramide.
(43) Tilidine.
(44) Trimeperidine.
(45) Any substance that contains any quantity of acetylfentanyl (N-[1-phenethyl-4-piperidinyl] acetanilide) or a derivative thereof.
(46) Any substance that contains any quantity of the thiophene analog of acetylfentanyl (N-[1-[2-(2-thienyl)ethyl]-4-piperidinyl] acetanilide) or a derivative thereof.
(c) Opium derivatives. Unless specifically excepted or unless listed in another schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine.
(2) Acetyldihydrocodeine.
(3) Benzylmorphine.
(4) Codeine methylbromide.
(5) Codeine-N-Oxide.
(6) Cyprenorphine.
(7) Desomorphine.
(8) Dihydromorphine.
(9) Drotebanol.
(10) Etorphine (except hydrochloride salt).
(11) Heroin.
(12) Hydromorphinol.
(13) Methyldesorphine.
(14) Methyldihydromorphine.
(15) Morphine methylbromide.
(16) Morphine methylsulfonate.
(17) Morphine-N-Oxide.
(18) Myrophine.
(19) Nicocodeine.
(20) Nicomorphine.
(21) Normorphine.
(22) Pholcodine.
(23) Thebacon.
(d) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term “isomer” includes the optical, position, and geometric isomers):
(1) 4-bromo-2,5-dimethoxy-amphetamine—Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
(2) 2,5-dimethoxyamphetamine—Some trade or other names: 2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA.
(3) 4-methoxyamphetamine—Some trade or other names: 4-methoxy-alpha-methylphenethylamine, paramethoxyamphetamine, PMA.
(4) 5-methoxy-3,4-methylenedioxy-amphetamine.
(5) 4-methyl-2,5-dimethoxy-amphetamine—Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; “DOM”; and “STP.”
(6) 3,4-methylenedioxy amphetamine.
(7) 3,4,5-trimethoxy amphetamine.
(8) Bufotenine—Some trade or other names: 3-(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5 indolol; N,N-dimethylserolonin, 5-hydroxy-N,N-dimethyltryptamine; mappine.
(9) Diethyltryptamine—Some trade or other names: N,N-Diethyltryptamine; DET.
(10) Dimethyltryptamine—Some trade or other names: DMT.
(11) Ibogaine—Some trade or other names: 7-Ethyl-6,6beta, 7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1’,2’:1,2] azepino [5,4-b] indole; Tabernantheiboga.
(12) Lysergic acid diethylamide.
(13) Cannabis.
(14) Mescaline, derived from plants presently classified botanically in the Echinopsis or Trichocereus genus of cacti, including, without limitation, the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus, but not including mescaline derived from any plant described in paragraph (15).
(15) Peyote—Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts (interprets 21 U.S.C. Sec. 812(c), Schedule 1(c)(12)).
(16) N-ethyl-3-piperidyl benzilate.
(17) N-methyl-3-piperidyl benzilate.
(18) Psilocybin.
(19) Psilocyn.
(20) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers.
Because nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.
(21) Ethylamine analog of phencyclidine—Some trade or other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE.
(22) Pyrrolidine analog of phencyclidine—Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCP, PHP.
(23) Thiophene analog of phencyclidine—Some trade or other names: 1-[1-(2 thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP.
(e) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) Mecloqualone.
(2) Methaqualone.
(3) Gamma hydroxybutyric acid (also known by other names such as GHB; gamma hydroxy butyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate), including its immediate precursors, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, including, but not limited to, gammabutyrolactone, for which an application has not been approved under Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 355).
(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its isomers:
(1) Cocaine base.
(2) Fenethylline, including its salts.
(3) N-Ethylamphetamine, including its salts.
SEC. 3.
Section 11214 is added to the Health and Safety Code, to read:
11214.
(a) The California Health and Human Services Agency shall convene a workgroup to study and make recommendations on the establishment of a framework governing the therapeutic use, including facilitated or supported use, as defined in paragraph (2) of subdivision (g) of Section 11350.1 and paragraph (2) of subdivision (g) of Section 11377.1, of mescaline, ibogaine, Dimethyltryptamine (DMT), and psilocyn or psilocybin.
(b) The Secretary of the California Health and Human Services Agency or their designee shall be the chairperson of the workgroup.
(c) The workgroup shall include, but not be limited to, all of the following:
(1) Persons with expertise in psychedelic therapy, medicine and public health, drug policy, harm reduction, and youth drug education.
(2) Law enforcement and emergency medical services or fire service first responders.
(3) People with experience with the traditional indigenous use of psychedelic substances, including representatives from the National Council of the Native American Church and Indian tribes in California.
(4) Veterans groups.
(5) University researchers with expertise in psychedelics.
(6) Research scientists with expertise in clinical studies and drug approval process under the federal Food and Drug Administration.
(7) Individuals from other states that have decriminalized psychedelics and established regulatory frameworks for the lawful use of psychedelics.
(d) The workgroup shall study subjects, including, but not limited to, all of the following:
(1) Research on the safety and efficacy of using each of the controlled substances specified in subdivision (a) in a therapeutic setting for treating post-traumatic stress disorder, depression, anxiety, addiction, and other mental health conditions.
(2) Long-term impact of supervised psychedelic or dissociative drug use with seeking and misusing other substances, including alcohol, cannabis, illicit substances, and unregulated psychedelic or dissociative drugs.
(3) Perceptions of harm of psychedelic or dissociative drugs following enactment of decriminalization both on a personal use and therapeutic use level.
(4) Impact of different regulatory frameworks on different health outcomes among vulnerable populations, including youth, people with substance use disorders, and minority or disenfranchised groups.
(5) Regulated use models for the controlled substances specified in subdivision (a) from other jurisdictions.
(6) Content and scope of educational campaigns that have proven effective in accurate public health approaches regarding use, effect, and risk reduction for the substances specified in subdivision (a), including, but not limited to, public service announcements, educational curricula, appropriate crisis response, and appropriate training for first responders and multiresponders, including law enforcement, emergency medical services, fire service, and unarmed coresponder units.
(7) Policies for minimizing use-related risks, including information related to appropriate use and impacts of detrimental substance use.
(8) Appropriate frameworks to govern the therapeutic use of controlled substances, including qualifications and training for therapists or facilitators.
(e) The workgroup shall develop policy recommendations regarding, but not limited to, all of the following:
(1) Development of a statewide program or programs for the training of individuals providing therapeutic psychedelic services in therapeutic settings, including facilitated and supported use settings.
(2) Development of a statewide credentialing process for individuals providing therapeutic psychedelic services in therapeutic settings, including facilitated or supported use settings.
(3) The content and scope of educational campaigns and accurate public health approaches regarding use, effect, risk reduction, and safety for the substances specified in subdivision (a).
(4) Policies for minimizing use-related risks, including information related to appropriate use and impacts of detrimental substance use.
(5) Policies for the regulation of controlled substances specified in subdivision (a), including responsible marketing, product safety, and cultural responsibility.
(6) Policies for the safe and equitable production, access, use, and delivery of the controlled substances specified in subdivision (a).
(f) Subsequent to the Legislature’s adoption of a framework governing therapeutic use of the substances described in subdivision (a), it is the intent of the Legislature that the transfer of a substance described in subdivision (a), without financial gain, in the context of therapeutic use, which includes facilitated or supported use, be decriminalized.
(g) As used in this section, “facilitated or supported use” means the supervised or assisted personal use of a substance described in subdivision (a) by an individual or group of persons 21 years of age or older, or the assisting or supervising of such persons in such use, within the context of spiritual guidance, community-based healing, or related services.
(h) (1) On or before January 1, 2025, the workgroup shall submit a report to the Legislature detailing its findings and recommendations.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(i) This section shall remain in effect until January 1, 2026, and as of that date is repealed.
SEC. 4.
Section 11350 of the Health and Safety Code is amended to read:
11350.
(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V that is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(b) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a), the judge may, in addition to any punishment provided for pursuant to subdivision (a), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of their inability to pay the fine permitted under this subdivision.
(c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation that may be imposed, the following conditions of probation shall be ordered:
(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.
(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.
(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.
(d) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
(e) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.
SEC. 5.
Section 11350.1 is added to the Health and Safety Code, to read:
11350.1.
(a) Except as otherwise provided in subdivisions (b), (c), (d), and (e) of this section and notwithstanding any other law, all of the following shall be lawful for a natural person 21 years of age or older and shall not be a violation of state or local law:
(1) The possession, preparation, obtaining, or transportation, of no more than the allowable amount of mescaline, as described in paragraph (14) of subdivision (d) of Section 11054, for personal use.
(2) The ingesting of mescaline.
(3) The possession, planting, cultivating, harvesting, or preparation of plants capable of producing mescaline, except for the plant presently classified botanically as Lophophora williamsii Lemaire, on property owned or controlled by a person, for the purposes described in this subdivision by that person, and possession of any product produced by those plants.
(b) Possession of mescaline by a person 21 years of age or over on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is punishable as a misdemeanor.
(c) (1) A person who knowingly gives away or administers mescaline to a person who is under 18 years of age in violation of law shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(2) Notwithstanding paragraph (1), a person 18 years of age or over who knowingly gives away or administers mescaline to a minor under 14 years of age in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(3) A person who knowingly gives away or administers mescaline to a person who is at least 18 years of age, but under 21 years of age is guilty of an infraction.
(d) Except as otherwise provided, possession of mescaline by a person under 18 years of age is punishable as an infraction and shall require:
(1) Upon a finding that a first offense has been committed, four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days, commencing when the drug education or counseling services are made available to them.
(2) Upon a finding that a second offense or subsequent offense has been committed, six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days, commencing when the drug education or counseling services are made available to them.
(e) Except as otherwise provided, possession of mescaline by a person at least 18 years of age but less than 21 years of age is punishable as an infraction.
(f) Mescaline or related products involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.
(g) As used in this section, the following terms are defined as follows:
(1) “Allowable amount” means four grams per person. “Allowable amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or any ingredient or material combined with the substance as part of a preparation.
(2) “Financial gain” means the receipt of money or other valuable consideration in exchange for the item being transferred.
(3) “Mescaline” does not include synthetic analogs of mescaline, including derivatives of mescaline that are produced using chemical synthesis, chemical modification, or chemical conversion.
(4) “Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.
(5) “Preparation” means processing or otherwise preparing for use.
(h) This section shall take effect on January 1, 2025.
SEC. 6.
Section 11364 of the Health and Safety Code is amended to read:
11364.
(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V.
(b) This section shall not apply to hypodermic needles or syringes that have been containerized for safe disposal in a container that meets state and federal standards for disposal of sharps waste.
(c) Until January 1, 2026, as a public health measure intended to prevent the transmission of HIV, viral hepatitis, and other bloodborne diseases among persons who use syringes and hypodermic needles, and to prevent subsequent infection of sexual partners, newborn children, or other persons, this section shall not apply to the possession solely for personal use of hypodermic needles or syringes.
SEC. 7.
Section 11364.7 of the Health and Safety Code is amended to read:
11364.7.
(a) (1) Except as authorized by law, any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor.
(2) A public entity, its agents, or employees shall not be subject to criminal prosecution for distribution of hypodermic needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability to participants in clean needle and syringe exchange projects authorized by the public entity pursuant to Chapter 18 (commencing with Section 121349) of Part 4 of Division 105.
(3) This subdivision does not apply to any paraphernalia that is intended to be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, any of the following substances:
(A) Dimethyltryptamine (DMT).
(B) Mescaline.
(C) Psilocybin.
(D) Psilocyn.
(b) Except as authorized by law, any person who manufactures with intent to deliver, furnish, or transfer drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body cocaine, cocaine base, heroin, phencyclidine, or methamphetamine in violation of this division shall be punished by imprisonment in a county jail for not more than one year, or in the state prison.
(c) Except as authorized by law, any person, 18 years of age or over, who violates subdivision (a) by delivering, furnishing, or transferring drug paraphernalia to a person under 18 years of age who is at least three years younger, or who, upon the grounds of a public or private elementary, vocational, junior high, or high school, possesses a hypodermic needle, as defined in paragraph (7) of subdivision (a) of Section 11014.5, with the intent to deliver, furnish, or transfer the hypodermic needle, knowing, or under circumstances where one reasonably should know, that it will be used by a person under 18 years of age to inject into the human body a controlled substance, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine.
(d) The violation, or the causing or the permitting of a violation, of subdivision (a), (b), or (c) by a holder of a business or liquor license issued by a city, county, or city and county, or by the State of California, and in the course of the licensee’s business shall be grounds for the revocation of that license.
(e) All drug paraphernalia defined in Section 11014.5 is subject to forfeiture and may be seized by any peace officer pursuant to Section 11471 unless its distribution has been authorized pursuant to subdivision (a).
(f) If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application and to this end the provisions of this section are severable.
SEC. 8.
Section 11365 of the Health and Safety Code is amended to read:
11365.
(a) It is unlawful to visit or to be in any room or place where any controlled substances that are specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or that are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.
(b) This section shall apply only where the defendant aids, assists, or abets the perpetration of the unlawful smoking or use of a controlled substance specified in subdivision (a). This subdivision is declaratory of existing law as expressed in People v. Cressey (1970) 2 Cal. 3d 836.
SEC. 9.
Section 11377 of the Health and Safety Code is amended to read:
11377.
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance that is (1) classified in Schedule III, IV, or V, and that is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (10), (11), (13), (14), (15), (18), (19), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.
(b) The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of their inability to pay the fine permitted under this subdivision.
(c) It is not unlawful for a person other than the prescription holder to possess a controlled substance described in subdivision (a) if both of the following apply:
(1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder.
(2) The sole intent of the possessor is to deliver the prescription to the prescription holder for its prescribed use or to discard the substance in a lawful manner.
(d) This section does not permit the use of a controlled substance by a person other than the prescription holder or permit the distribution or sale of a controlled substance that is otherwise inconsistent with the prescription.
SEC. 10.
Section 11377.1 is added to the Health and Safety Code, to read:
11377.1.
(a) Except as otherwise provided in subdivisions (b), (c), (d), and (e) of this section, and notwithstanding any other law, all of the following shall be lawful for a natural person 21 years of age or older and shall not be a violation of state or local law:
(1) The possession, preparation, obtaining, or transportation, of no more than the allowable amount of any of the following substances for personal use:
(A) The controlled substance specified in paragraph (10) of subdivision (d) of Section 11054.
(B) The controlled substance specified in paragraph (18) of subdivision (d) of Section 11054.
(C) The controlled substance specified in paragraph (19) of subdivision (d) of Section 11054.
(D) Spores or mycelium capable of producing mushrooms or other material which contains the controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054.
(2) The ingesting of a substance described in paragraph (1).
(3) The possession, planting, cultivating, harvesting, or preparation of plants capable of producing a substance described in paragraph (1), on property owned or controlled by a person, for the uses described in this subdivision by that person, and possession of any product produced by those plants including spores or mycelium capable of producing mushrooms or other materials that contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054, for that purpose.
(b) Possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person 21 years of age or over, on the grounds of any public or private elementary, vocational, junior high, or high school, during hours that the school is open for classes or school-related programs, or at any time when minors are using the facility is punishable as a misdemeanor.
(c) (1) A person who knowingly gives away or administers a controlled substance specified in paragraph (1) of subdivision (a) to a person who is under 18 years of age in violation of law shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.
(2) Notwithstanding paragraph (1), a person 18 years of age or over who knowingly gives away or administers a substance described in paragraph (1) to a minor under 14 years of age in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(3) A person who knowingly gives away or administers a substance described in paragraph (1) to a person who is at least 18 years of age, but under 21 years of age is guilty of an infraction.
(d) Except as otherwise provided, possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person under 18 years of age is punishable as an infraction and shall require:
(1) Upon a finding that a first offense has been committed, four hours of drug education or counseling and up to 10 hours of community service over a period not to exceed 60 days, commencing when the drug education or counseling services are made available to them.
(2) Upon a finding that a second offense or subsequent offense has been committed, six hours of drug education or counseling and up to 20 hours of community service over a period not to exceed 90 days, commencing when the drug education or counseling services are made available to them.
(e) Except as otherwise provided, possession of a controlled substance specified in paragraph (1) of subdivision (a) by a person at least 18 years of age but less than 21 years of age is punishable as an infraction.
(f) A controlled substance described in this section or any related product involved in any way with conduct deemed lawful by this section are not contraband nor subject to seizure, and no conduct deemed lawful by this section shall constitute the basis for detention, search, or arrest, or the basis for the seizure or forfeiture of assets.
(g) As used in this section, the following terms are defined as follows:
(1) “Allowable amount” means the following quantities of a substance per person. “Allowable amount” does not include the weight of any material of which the substance is a part or to which the substance is added, dissolved, held in solution, or suspended, or any ingredient or material combined with the substance specified in this subdivision as part of a preparation:
(A) One gram of dimethyltryptamine, otherwise known as DMT.
(B) One gram of psilocybin or one ounce of a plant or fungi containing psilocybin.
(C) One gram of psilocyn or one ounce of a plant or fungi containing psilocyn.
(D) The amount of spores or mycelium capable of producing an allowable amount of a plant or fungi which contain a controlled substance specified in paragraph (18) or (19) of subdivision (d) of Section 11054.
(2) “Controlled substances” in this section does not include synthetic analogs of these substances, including derivatives of these substances that are produced using chemical synthesis, chemical modification, or chemical conversion.
(3) “Financial gain” means the receipt of money or other valuable consideration in exchange for the item being transferred.
(4) “Personal use” means for the personal ingestion or other personal and noncommercial use by the person in possession.
(5) “Preparation” means processing or otherwise preparing for use.
(h) This section shall take effect on January 1, 2025.
SEC. 11.
Section 11379 of the Health and Safety Code is amended to read:
11379.
(a) Except as otherwise provided in subdivision (b), in Section 11377.1, and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance that is (1) classified in Schedule III, IV, or V and that is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
(c) For purposes of this section, “transports” means to transport for sale.
(d) Nothing in this section is intended to preclude or limit prosecution under an aiding and abetting theory, accessory theory, or a conspiracy theory.
SEC. 12.
Section 11382 of the Health and Safety Code is amended to read:
11382.
Except as otherwise provided in Section 11377.1, every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance that is (a) classified in Schedule III, IV, or V and that is not a narcotic drug, or (b) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, or specified in subdivision (d), (e), or (f) of Section 11055, to any person, or offers, arranges, or negotiates to have that controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, or arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of that controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.
SEC. 13.
Section 11550 of the Health and Safety Code is amended to read:
11550.
(a) A person shall not use, or be under the influence of any controlled substance that is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. A person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not more than one year in a county jail. The court may also place a person convicted under this subdivision on probation for a period not to exceed five years.
(b) (1) A person who is convicted of violating subdivision (a) when the offense occurred within seven years of that person being convicted of two or more separate violations of that subdivision, and refuses to complete a licensed drug rehabilitation program offered by the court pursuant to subdivision (c), shall be punished by imprisonment in a county jail for not less than 180 days nor more than one year. In no event does the court have the power to absolve a person convicted of a violation of subdivision (a) who is punishable under this subdivision from the obligation of spending at least 180 days in confinement in a county jail unless there are no licensed drug rehabilitation programs reasonably available.
(2) For the purpose of this section, a drug rehabilitation program is not reasonably available unless the person is not required to pay more than the court determines that they are reasonably able to pay in order to participate in the program.
(c) (1) The court may, when it would be in the interest of justice, permit a person convicted of a violation of subdivision (a) punishable under subdivision (a) or (b) to complete a licensed drug rehabilitation program in lieu of part or all of the imprisonment in a county jail. As a condition of sentencing, the court may require the offender to pay all or a portion of the drug rehabilitation program.
(2) In order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation pursuant to this subdivision, counties are encouraged to include provisions to augment licensed drug rehabilitation programs in their substance abuse proposals and applications submitted to the state for federal and state drug abuse funds.
(d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’s ability to pay, and a defendant shall not be denied probation because of their inability to pay the fine permitted under this subdivision.
(e) (1) Notwithstanding subdivisions (a) and (b) or any other law, a person who is unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm is guilty of a public offense punishable by imprisonment in a county jail for not exceeding one year or in state prison.
(2) As used in this subdivision “immediate personal possession” includes, but is not limited to, the interior passenger compartment of a motor vehicle.
(f) Every person who violates subdivision (e) is punishable upon the second and each subsequent conviction by imprisonment in the state prison for two, three, or four years.
(g) This section does not prevent deferred entry of judgment or a defendant’s participation in a preguilty plea drug court program under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code unless the person is charged with violating subdivision (b) or (c) of Section 243 of the Penal Code. A person charged with violating this section by being under the influence of any controlled substance that is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055 and with violating either subdivision (b) or (c) of Section 243 of the Penal Code or with a violation of subdivision (e) shall be ineligible for deferred entry of judgment or a preguilty plea drug court program.
SEC. 14.
Section 11999 of the Health and Safety Code is repealed.
SEC. 15.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 16.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The 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.
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.
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.
Photos by Jimi Devine
