FIG FARMS DOUBLES UP AT SOCAL CANNABIS CUP

Fig Farms continued its 2023 run of excellence by winning two out of three flower categories at the High Times SoCal Cannabis Cup.

The victories came in the Indica and Hybrid categories. Animal Face won in the hybrid category after winning best indoor flower at the 2022 Emerald Cup. Blue Face won the Indica category a few months after winning both best indoor flower and best indoor at this year’s Emerald Cup. This is just further validation for the work Keith and Chloe Healy are doing with their team of monster growers in Oakland. 

The Blue Face took home two top prizes this year and is absolute rockstar cannabis. Fig Farms describes the aroma as a combination of acetone, tree bark and pickled ginger. The Animal Face that took home the top hybrid is absolute gas and fuel terps. I judged the hybrid category it won. I saved the Animal Face for last to see if anything would top it. Nothing did, but the same could be said for the 20 Emerald Cup flower judges who didn’t see a strain or farm when they picked Blue Face, just the heat in the jar and a number. Regardless of mine being labeled, we came to the same conclusion on Fig’s different flavors. 

Animal Face

Fig Farms finds itself among a small group of people who have been holding strong in certain contests for the last few years. It raises the question from others as to whether these contests are even worth it. Do they matter?

“They do for sure. We got offered space in Oakland the next day after we won the Cannabis Cup,” Keith Healy, Fig Farms founder and CEO, told L.A. Weekly.

They were negotiating on an Oakland location and one in Sacramento. 

“The day after winning we got offered the Oakland space,” Healy said. “I wouldn’t have been as confident to perform. I wouldn’t have been as confident to pull it off.”

Fig has been selective in the contests it has entered in the years since that win. But after winning The Emerald Cup earlier this year, it returned to the Cannabis Cup for the first time since that 2017 victory that changed everything. Fig was certainly thrilled with the results of its comeback. 

“To win two out of three was just mind-blowing and honestly confusing since, like you win the Emerald Cup and High Times, trying to explain to somebody like a stranger that these things aren’t easy,” Healy said emphasizing he doesn’t have the confidence of being some egomaniac. 

The catch-22 of that lack of confidence Healy claims is that he only enters his absolute flame. By the time he’s convinced it’s fire, it probably is, as opposed to someone that needs that new hype strain to keep their thing going. So it’s easy to understand why everything they entered this year, in everything, did so well.

Blue Face

We asked Healy which of the accolades the farm has received in recent years meant the most to him.

“I think being on stage with Chloe while she was pregnant at the Emerald Cup win in 2022 was pretty incredible because that was the first time that I’ve been able to share a stage with her,” he replied. 

Healy went on to note that another thing that has made each win special was the timing. Just like the 2017 win got him into that new space, these other wins have each meant something in the moment.  

“Every single one has come at a time when I needed it,” Healy said. “That kind of time where it’s like the confidence to push forward on the next task, whether that’s building out more space or it’s just the confidence to keep doing what I’m doing.

The High Times win meant a lot to Fig because it was so different from the win at The Emerald Cup. High Times is essentially people’s choice compared to the expert panel The Emerald Cup brings in for judging. We joked with Healy about how many cup kits he bought, he laughed and noted just one to try the other flavors. 

Despite their continued dominance, Animal Face and Blue Face need to keep an eye on their shoulders. Fig recently worked with Zeclair and their whole catalog. We got to check out the pheno hunt a few weeks before it was chopped down. Everything was absolute heat and you can expect some crazy Z terps from Fig Farms soon. 

THE 12 STRAINS OF CHRISTMAS 2023

The 12 Strains of Christmas returns for 2023!

As is tradition, with this list we present a holiday-size helping of the heat we’ve found in the past couple of months following the harvest and trips to scope out the marketplaces in Vegas, abroad in the Canary Islands and Thailand. 

The 12 Strains of Christmas also is our most extensive flower list of the year. It’s always a pleasure to highlight some killers so they have one more thing to share with their families during whatever holiday they might enjoy together. 

Here are the strains you should leave out for Santa in 2023. 

Red Pop S1 #37 (Riddles) – Royal Key Organics

As with many strains from breeders that offer as extensive a catalog as Exotic Genetix, it can take a couple of years to get the full wind in their sales. Red Pop has had a fantastic 2022. Its offspring, Red Runtz, is entering its own hype wave, but the Red Pop is still elite and 2022 was the first year many had the chance to try it. One of our favorite phenos of anything Red Pop belongs to Royal Key Organics in Humboldt County. In particular, their Red Pop S1 #37 they named Riddles. It smells like buttery popcorn with cherry Kool-Aid sprinkled on top. 

Zkittelz – Alien Labs

The Alien Labs rendition of Zkittlez is tied with IC Collective for the best Z terps we’ve ever seen grown outside of Mendocino County. We got our first peek at it during Las Vegas Heat Quest on MJ Biz Con Eve. As people approached us with their versions of Z throughout the week, nothing else came close. Back home here in California, few can produce Z terps at this level commercially. 

Flowers of Zion – Fidels

Courtesy of Fidels

On the heels of his self-made docuseries and summer win at the Transbay Challenge I threw in L.A. for his KMZ, Flowers of Zion is the next one to keep an eye on from Fidel. The Flowers of Zion brings together Garlic Cocktail with Symbiotic Genetics’s timeless classic Mimosa. With his cultivation site operational, expect to see even more of Fidels Flower throughout the state. 

Seed Junky Official Genetics

Seed Junky and Fidel Buds took top honors at Ego Clash a couple of weeks ago on the eve of The Emerald Cup’s Harvest Ball, thanks to some ultra-elite hash from Simply Adam that topped the uber-competitive contest where many of the world’s best hash makers score each other. The Banana God is a pairing of Wilson and Banana OG. The version that won Ego Clash was a Banana God F2 that was done by @ibean_poppin2much and then grown by Simpleeadam. 

Cap Junky – Capulator x Seed Junky 

Courtesy of Capulator

A collaboration between two Los Angeles heavyweights, Capulator and Seed Junkie’s CapJunky was certainly a favorite for us in 2022. It’s among the gassiest offerings from both breeders and is an absolute ripper. It has limited availability in town, but you can score some at Peace of Green at 1155 East Pico Blvd., in DTLA.

Stardawg x Gelato 41 – Doja Pak  

Ever since we first covered the original RS11 drop in LA a couple of years back, it feels like you’d need one of those NASA cameras that tracks the rockets after launch to keep pace with what they’ve been up to. While strains named after art supplies and animals are dope, we think the Stardawg x Gelato 41 was a pinch underrated during the hype storm this year and wanted to give it some extra love. 

Blackberry Gary – Serge Cannabis x Powerzzzup

Courtesy of Serge Cannabis

Arguably the biggest strain to drop in California this fall, Blackberry Gary has lived up to the hype. The rare collaboration from Powerzzzup is an absolute killer. Most of the Cereal Milk and Gary Crosses out there are from reversals, but Serge was able to work with the real gear and get the Powerzzzup team’s blessings on the final product. It carries on the flavor and impact tradition of the Gary Payton line. 

DEO – 580

Courtesy of DEO

580 is the most underrated strain from Deep East Oakland Farms. Everyone is tripping balls. I’m not saying it’s RS or Zoap, but saying it’s not special is batshit crazy to me. It tastes so much different from the rest of their pack. Now I love me some dessert weed, but the smell of nail polish is one of my favorite things. The freshest batches of 580 have it in abundance. It smashes into your sinuses when you open a bag. 

Red Bullz x Fishscale – High Rhythm Farm

The Santa Cruz-hunted version of the Compound Genetics heater was certainly on the podium for us at The Emerald Cup Harvest Ball. Few things came close in the quality of the terpene or look. The impact was great, too, when we got the chance to try it. We highly recommend keeping an eye out for this one. 

Prism OZ – Cipher Genetics

Courtesy of Cipher Genetics

An offering from the newest company on The 12 Strains of Christmas, Cipher Genetics is the latest project from Compound Genetics founder Chris Lynch. Our favorite offering from the launch drop is looking to be the Prism OZ. While we haven’t seen the finished product yet, we’re very excited for the recipe of SFV OG x ( Zkittelz x (Zkittelz x Gelato 41)). We’re convinced it’ll be a heater, much like a lot of Lynch’s past classics. 

OZ Kush BX1 – 3rd Gen Family

Courtesy of 3rd Gen Family

Numerous companies in the cannabis space got their start with a pack of 3rd Gen Family’s Dying Breed Seeds, and one of the strains that launched the most or helped take things to a new level was OZ Kush. It brought together the Eddy OG and Zkittelz and the first packs sold five years ago. As I look at their current lineup, if I’m a cannabis company desperate for an epic house flavor to help me stay afloat in the darkest times ever for the marketplace, I’m buying as many packs of OZ Kush Bx1 seeds as I can and finding myself a little bit of hope. 

Double Dawg – Dr. Dope Bangkok

On our recent adventure to Thailand alongside High Times and High Rise TV, we went to a ton of spots and looked at a bunch of Thai weed. With the exception of the 100 Hands at Phandee in Japan Village in Bangkok, none of it could compare to what Dr. Dope was doing. I would say thanks to Dr. Dope’s Double Dawg, the best weed I’ve seen grown in Thailand is better than the best weed I saw grown in Las Vegas during MJ Bizcon last month. 

We hope you enjoyed The 12 Strains of Christmas.

CANNABIS CRIME WAVES RETURN FOR 2024

The cannabis industry is currently in the midst of a massive crime wave. 

In the nearly three years since thieves used the George Floyd protests as cover to kick off one of the most devastating crime waves the cannabis industry has ever seen, there have been many more. Cannabis businesses continue to be targeted. 

There are various reasons contributing to these waves, but whether it’s the economy, the giant piles of money dispensaries are forced to hoard without bank accounts, or the product that’s easy to move as cannabis continues its national popularity surge, right now is batshit. 

When I’m not writing for L.A. Weekly, I still work at a dispensary. We’ve been hit twice in the last two weeks. We are not alone. We’re hearing reports from San Francisco, Santa Rosa, Sacramento, Benicia and Iselton, and those are just the ones the word has gotten out on. More locally we’ve seen the city’s most prominent LGBT-owned dispensary Green Qween targeted multiple times. Cannabis companies are stuck with the catch-22 of wanting to make more noise about what they see as a lack of protection regardless of tax dollars but don’t want to wave their hands in the air basically saying, “come victimize me because I get no protection.”

And to make it even scarier for the industry, some of these groups are more reminiscent of militias than stick-up kids. Short-style AK-47s you can tuck into your pants have been seen at multiple locations. 

These crews also are beginning to get very good at it. There are believed to be a few roaming the northern part of the state from security camera footage being used to match different groups together. Sometimes they’ve made trips south for weekend-long runs at fresh targets, but for the most part, the largest organized groups seem to frequent north of Salinas up to wine country and then east all the way to the Sierras. 

The owner of The Delta Boyz dispensary in Isleton told us their facility has been hit five times and was among those targeted in the last two weeks. Things have gotten so hot in the small town located between Sacramento and the bay that he wanted to refrain from using his name for his family’s safety.

The crew pulling up.

He compared this recent crime to 2020, but noted there is a big difference. 

“It’s just, it’s not as chaotic. The atmosphere outside is not as chaotic as it was then,” he told L.A. Weekly. “So this is just very organized, dialed in, calculated. It seems this is what they do now. And these crews have been doing it for so long, it seems like they’re getting better and better at it.”

One of the times The Delta Boys got hit it took about 45 seconds for them to take $200,000.

“My dumb ass had all my rosin in one big tote. But that’s how fast they are. They were in and out in 45 seconds,” they said. “Where else are you going to steal like that? You can’t steal from a bank like that. You can’t steal it from a liquor store. You can’t steal it from a warehouse. You got to liquidate any of those. Weed is basically liquid.”

The aftermath.

He further argued he can’t go and shoot somebody as if this was the black market. 

“I have to respect the law because it’s my livelihood. This is everything I’ve ever invested all my money and time into. I can’t blast somebody. There are cameras everywhere. So it’s hard. And they know that. They know, they know we’re not. They know we’re soft targets. They know we can do shit. They know the cops aren’t coming. And it’s just routine now.”

He hopes the state will divert some of the funds it’s using against the black market to defend its legal one. He argues enforcement on black market producers has created a vacuum where they then need to sustain their demand by robbing others. 

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

SENATE BILL

NO. 58

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.

(47) 1-Methyl-4-Phenyl-4-Propionoxypiperidine (MPPP).

(48) 1-(2-Phenethyl)-4-Phenyl-4-Acetyloxypiperidine (PEPAP).

(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.

DECEMBER IS A GREAT MONTH FOR CANNABIS

Many argue that November is one of the best months to buy pot given the deals and steals of Black Friday and Green Wednesday, but don’t sleep on the quality available and prices when purchasing your weed in December. 

One of the main feathers in the hype for December is the fact it’s just a little bit further out from the Croptober harvest. In the first half of November, you might still be waiting for the girls that finished late to cure up to perfection. That’s not a problem in December, in fact, the whole month much of the year’s harvest will be in the golden zone for quality. 

And we’ll be the first to note there are a lot of variables on how long that golden zone lasts. The best hope is the pot never leaves an awesome environment before it ends up in the hands of a consumer, but that’s few and far between. That’s why the date is so important. 

The accountability of shelf time says a lot in the current market. Dispensaries don’t want flowers that don’t move. They want you to get the heat, apart from a charlatan or three trying to make a quick buck. But even then, that harvest date can transcend shady retail practices that make you think you’re getting a deal when, in reality, the consumer is doing them a favor by taking it off their hands for anything.  

This has led to the best cultivators in the world living by their packaging dates — that’s the moment the clock really starts ticking. Especially given in how many cases the weed was already finished for a bit before it made it to bags or jars. 

One brand that’s based a lot of its business model around the heat and keeping to a short shelf life is California Artisanal Medicine. 

“We put our harvest date and our package date, because after 90 days from the package date, your product is aging and will not hold all the attributes we look for in top-shelf cannabis,” CAM founder Anna Willey told L.A. Weekly. 

Willey went on to note the biggest things impacted are the smell, how the buds break up and moisture content. 

As for the biggest factors Willey sees outside not hitting the gold standards in temperature and humidity?

“The way it was dried and the evenness of your environment in the dry room,” Willey answered. “Also the health of the plant at the end of the cycle and the trim time.”

While Willey is an indoor cultivator, this all rings true for the outdoor that dropped a couple of months ago.

Another point proving the quality of cannabis in December is the Emerald Cup’s old format before the move to Los Angeles for the award show. Back in the day, we knew who the world champs were a couple of weeks into December. It was all wild and fresh heat. The new extended format creates a bit more hype over many months but adds the additional factor of which weed actually holds up through that time until it gets into the hands of the judges.  

FIDEL’S: BARCELONA TO L.A.

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.