LA WEEKLY’S CANNABIS GIFT GUIDE 2023 It’s time to buy some presents for the pot enthusiast in your life. It can be tricky. A lot of people have been gifted boof by well-intended people over the years. “Maybe Billy wants grass,” they reasonably thought. They just didn’t have a metric for quality in their heart. …
LA WEEKLY’S CANNABIS GIFT GUIDE 2023
It’s time to buy some presents for the pot enthusiast in your life.
It can be tricky. A lot of people have been gifted boof by well-intended people over the years.
“Maybe Billy wants grass,” they reasonably thought. They just didn’t have a metric for quality in their heart.
Fear not, this list has something for everyone. Be it a Christmas-themed chocolate bar for grandma or American-made glass for your baby wook you can’t get to move out of the basement. Here are some great options for Christmas 2022.
Kiva Tree Bark
Courtesy of Kiva
While its grave is the holiday champion, Kiva’s tree bark is nothing to scoff at. It’s a fantastic Christmas-themed edible the whole gang can enjoy. The chunks of peppermint also make it one of the least weedy tasting edibles since the peppermint is going to dominate your palate. And the regular strength is just what you need for the holiday cannabis newbies getting in the mix.
Courtesy of AFM Glass
Alien Flower Monkey Glass Quartz Bangers
We try our best to highlight great American-made affordable quartz when we get the opportunity. Only adding to the fun is the fact that Alien Money Glass is made in Los Angeles. We’re going to do a full write-up on them in the not-too-distant future but wanted to make sure quartz was on your radar, so you could scoop some for the dabber in your life.
Lonnwikk Hemp Yoyo
Hemp wicks are nothing new, but the idea of adding them to a yoyo certainly is. We were gifted a Lonnwikk at MJ Biz Con in Las Vegas. It was certainly one of the more unique products we saw during our week on the strip for the cannabis industry’s mega show. The purpose of the hemp wick is to prevent the butane in the lighter from impacting the flavor of the terpene profile.
Sacred Fruits Mystical Micros
As we noted in our coverage of the first Phase One trials around the benefits of LSD microdosing, microdosing psychedelics is all the rage these days. And it’s generally a lot more popular with psilocybin here in California given the level of access we have to quality mushrooms and the products made from them. The team at the very popular Sacred Fruits brand has blessed the world with a fantastic dosing format with their musical micros. One pill will give you a microdose that will promote a bit of extra mental clarity, three to five pills will have you feeling hyper connected to the galaxy, and once you get past five pills you’re starting to dabble in full sensory hallucinations. Pretty awesome.
Masonic Seed Co
The pride of Compton wants LA Weekly readers to get some steals and deals this holiday season on its popular seeds lines. If you enter “LAWeeky” into the discount code at checkout, you’ll get a whopping 50% off. The only deal this isn’t compatible with is Clutch’s 50,000 Acre Bundle.
Commercial viability may be the phrase that has changed in cannabis the most over the decades for the industry.
During my chat with First Smoke of The Day, which dropped last week, the subject of commercial viability came up. Basically, I said once you got past the lovely people that got screwed by circumstances of licensing or location, there are a lot of people who got eaten up by the times because they wouldn’t change their ways. This received the most positive feedback of anything I said during the hour-and-a-half talk. While I’ve attempted to articulate the idea of people not being able to keep up with the game, it was never with the ethos of how many of the world’s best growers hit me up or tagged me on Instagram over the last week.
At its core, the attempt to define commercial viability in cannabis has proven a double-edged sword. On the one side, the meaning represents progress in the game. The bar for commercial viability has risen with the progress of the times across every market. This includes recreational and the still massive underground cannabis economy thought to dwarf California’s legal market at least 2 to 1, given the vast swaths of the state without legal access and people everywhere else wanting our weed. The pot has certainly increased in quality on both sides of the market.
On the other side, not all ships have risen with the tide due to various circumstances. Be it their own stubbornness to not change their ways as advancements in the game had been made, or never actually knowing what the bar was for commercial viability in the first place whenever they jumped ship from whatever industry expecting to carve a piece of the cannabis industry for themselves.
Let us not forget a mere 20 years ago, brick weed stuffed in a tire was commercially viable for American distributors. So imagine you’re a person operating under the protection of 215 in that era. Ninety-nine percent of the domestic marijuana supply is absolute garbage. It’s fair to say you’re a hot cookie at that moment.
But, as the years rolled on, the bar went up.
Commercial viability got to the point where it didn’t just mean you were talking about the quality or price of the product, but also accessibility and ease of transport. California has a firm grip on illicit domestic cannabis production as the feds’ annual plant eradication counts firmly show. But it’s not the same. In the past, the worst cannabis California has to offer used to get scooped up faster than Olive Garden breadsticks coming out of the oven.
Now we’ve reached the point where people don’t have to buy California’s worst product anymore. California cultivators aren’t competing with Mexican brick weed anymore. They’re competing with the Oklahomas and the Maines — hell, there are probably even some decent beaster packs from Canada still making it over the border.
A lot of the lost souls in California on the illicit side are those who couldn’t keep up with people growing decent weed in those places where people could drive to pick it up. The best weed in the world is still grown in NorCal, especially on the illicit side of the market. Not being able to grow commercially viable pot in the rec market is one thing, but if you are having trouble on the other side, maybe it’s time to do some soul-searching on your craft. Do those little things you see your neighbors doing that you didn’t want to because you convinced yourself you knew what you were doing.
The most important thing you can do to survive in this market is to grow the best cannabis possible. People that worry about pinching pennies first are destined to fail. At that point, the quality of the marijuana is the second most important thing to you, and you’ve already lost.
The nearly decade-long battle to get American veterans access to medical cannabis continued on Capitol Hill this week.
With the exception of seeing little kids with extreme forms of epilepsy like Dravet’s Syndrome, nothing went further in changing the national conversation around medical cannabis than supporting vets with Post Traumatic Stress Disorder. This movement was a direct result of first-hand experiences with medical cannabis safety and efficacy when it came to PTSD, as more veterans continue to take their own lives. In its own 2017 study on cannabis and PTSD, the Department of Veterans Affairs (VA) noted over one-third of patients seeking cannabis for medical purposes list PTSD as the primary reason for the request, and 15% of VA patients at outpatient clinics are using medical cannabis in the last six months.
Cannabis Caucus founder Rep. Earl Blumenauer picked the fight up this week, to get vets access to cannabis. He originally started pushing the effort in 2014. In 2016, things looked great, but the language ended up getting stripped in final negotiations by then-Illinois Senator Mark Kirk.
At the time, Blumenauer noted, “It’s incredibly frustrating and disappointing that despite broad bipartisan, bicameral support, a handful of out-of-touch lawmakers put politics over the well-being of America’s wounded warriors. Our veterans deserve better. We will continue to seek every opportunity to make sure they have fair and equal treatment and the ability to consult with, and seek a recommendation from, their personal VA physician about medical marijuana.”
But things are looking up. On Wednesday, Blumenauer passed an amendment to end the VA’s prohibition on providers assisting veterans in accessing state-legal medical cannabis. Not only did it pass, it passed unanimously in a voice vote. In this heavily divided Congress, surely that is a reasonable sign of how bipartisan supporting veterans is.
After the amendment passed on Wednesday, Blumenauer told L.A. Weekly,
“Veterans in Oregon and across the country have shared with me how medical cannabis has literally saved their lives. It is a gross injustice that the VA continues to prohibit its providers from helping veterans access medical cannabis. My amendment with Brian Mast would finally allow the VA to help veterans complete forms in compliance with state-legal cannabis programs, allowing them to access a far less addictive alternative to opioids in managing PTSD, anxiety, depression, and other chronic conditions.”
Blumenauer also came out against the VA’s move to strongly advocate against medical cannabis as a treatment for PTSD this week. This recommendation came despite the VA noting some participants from its own focus groups, “spoke about the benefits of newer pharmacologic treatments (e.g., ketamine) and were interested in exploring other newer treatments such as psilocybin, cannabis, LSD, and other psychedelics.”
The VA cited that same 2017 study we mentioned before when it came out strongly against using cannabis for PTSD. But that study’s own authors noted there are very few methodologically rigorous studies examining the effects of cannabis in patients with PTSD.
“We found only two observational studies, which suggest that cannabis is potentially associated with neutral effects on PTSD or depression symptom severity, and employment status, and negative effects in terms of violent behavior, drug and alcohol abuse, and suicidal ideation,” the authors noted in their findings. “However, the strength of evidence is rated as insufficient due to the potential for bias in the two included studies in this review and the small number of controlled studies reporting data on benefits and harms of cannabis for treating PTSD symptoms.”
So how can something that notes how limited the information being used is be the ethos for the VA’s prohibition on medical cannabis for PTSD? And with all the discussion around vets and cannabis, how is this still what they are citing in the debate all these years later? How has the VA not pushed this research further in that time period?
In a letter to the VA’s leadership, Blunenauer said, “The Departments of Veterans Affairs and Defense have a long history of claiming the best interest of our veterans and servicemembers only to deny the reality of medical marijuana as a key treatment option for those impacted by post-traumatic stress disorder.”
Blumenauer went on to note the updated June 2023 VA/DoD Clinical Practice Guideline for Management of PTSD perpetuates this misguided denial of services to our nation’s veterans.
“For decades, I have heard from veterans across the country that medical cannabis has been a life-saving treatment for PTSD,” Blumensauer told the VA and DOD leadership. “I urge you to reconsider the antiquated and insufficient recommendation against the use of cannabis or cannabis derivatives in treating patients with PTSD.”
Etienne Fontan of Berkeley Patients Group and Veterans Action Council was pleased with Blumenauer’s success.
“We want to thank Blumeneur and the Cannabis Caucus for keeping true to their words to help veterans gain cannabis access via the VA. Many politicians talk a lot of talk, but very few walk the line like they have for us. We are grateful for their continued support on this issue,” Fontan told L.A. Weekly, “This has been the work of many hands and organizations to get us to this point, and we are not across the line yet. This is a significant first step in the direction that many veterans want to see nationwide. It must still get through the House, and the President must sign it, and we will remain skeptical until the process plays out fully.”
Fontan closed by noting activists have been disappointed too many times in the past with promises that never see fruition.
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 FREAK BROTHERS TEAM UP WITH WEEDMAPS FOR SEASON 2
Former LA Weekly cover boys, The Freak Brothers, are teaming up with Weedmaps for in-episode integrations for cannabis enthusiasts, starting with the launch of Season 2 today.
The Freak Brothers have been getting laughs out of cannabis enthusiasts the world over for 55 years. Thanks to WTG Enterprises, the producer of The Freak Brothers and Fox’s streaming platform Tubi, more people than ever have access to the trio’s cannabis-fueled adventures alongside their talking cat.
The production value of the first season was way beyond most cartoons. In addition to great animation, the voice cast featured Woody Harrelson, John Goodman, Pete Davidson, Tiffany Haddish, Adam Devine, Blake Anderson, Andrea Savage, La La Anthony and ScHoolboy Q. All of those big names are returning and they’ll be adding Joe Sikora to the mix for a special guest appearance.
Weedmaps, one of the most recognizable names in cannabis, is obviously hyped to be in this effort to help further cannabis into the mainstream. The announcement noted the actual partnership itself will consist of in-episode integrations in the new season, as well as exclusive “Smoke & Screen” events throughout the U.S., bringing together industry influencers and tastemakers at the intersection of cannabis and entertainment.
“We know comedy has the power to influence culture, and we are excited to partner with The Freak Brothers to amplify our message that weed is something to be celebrated,” said Randa McMinn, chief marketing officer at Weedmaps. “Since our company’s founding, Weedmaps has been committed to elevating stoner culture everywhere, challenging outdated stereotypes and bringing the plant to the forefront of mainstream conversations. Now, 15 years later, to see the Freak Brothers’ characters themselves embrace Weedmaps as their ‘go to’ for weed in the series is indicative of society’s broader acceptance of the plant and the industry at large.”
The team that brought Gilbert Shelton’s creation to the small screen has no qualms about the brothers using Weedmaps to get their hands on their next score.
“Embracing the essence of stoner culture before it was mainstream, Freak Brothers and Weedmaps are united in blazing the trail toward a more inclusive and enlightened cannabis landscape” said Greg Goldner, chief brand & strategy officer of The Freak Brothers. “We’re excited about this partnership as it’s a convergence of the psychedelic past and the digital present, where entertainment meets connection through a shared love for cannabis, while helping shape a future where cannabis culture thrives unapologetically.”
The antics for Season 2 look to be right on par with The Freak Brothers’ previous adventures in adapting to the modern era following a 50-year nap in San Francisco. The creators noted when announcing the deal that this season will include The Freak Brothers hitting their high school reunion, a match of wits with Mark Zuckerberg, settling old scores with Mitch McConnell, and battling Seth Rogen in a Pot Brownie Bake-Off contest.
WTG develops media across multiple platforms from its Beverly Hills office. WTG was founded by studio executives and Hollywood producers Courtney Solomon and Mark Canton and led alongside veteran entertainment executive Greg Goldner.
Back before the rights were secured, Solomon spent months trying to find Gilbert Shelton. After six months of searching for Shelton, Solomon was able to track down Shelton to the outskirts of Paris thanks to his lawyer of 47 years. “Super nice guy named Manfred, and he set up the meeting and I flew out to Paris and spent a couple of days with Gilbert,” Solomon told L.A. Weekly in 2020.
The Freak Brothers Season 2 is free to watch on Tubi. And be sure to keep an eye out for special offers from WeedMaps during the episode.
WE HIT THE MR. GRAY, DEPPE, DARBY, BEN DAVID SKULL IN HUMBOLDT
Imagine you are sitting in the woods of Humboldt County enjoying some of the finest cannabis the galaxy has to offer and then out of nowhere one of the most legendary pieces of glass art anyone has ever smoked out of gets put on the table.
That is precisely what happened last weekend. And not only did we get to see it, we got to hit it, too.
The skull is a collaboration of Mr. Gray, Scott Deppe, Darby Holm and Ben David. It is considered by many to be the nicest piece of glass ever created for the sake of cannabis consumption. I consider myself among that crowd. Since 2014 when Scott Deppe first posted it to his Instagram, it has absolutely captivated hash and glass enthusiasts all over the world.
It’s not just a looker, the Mothership Torus encased within the skull is an absolute ripper. I found out the hard way. This past weekend it was set up with a dual hookah hose attachment so two people could hit it at once. And back when it was first created, terp slurpers weren’t a thing yet. One might argue a decade later, the skull is in its final form as the masses are able to enjoy it with the best quartz tech to date.
And man did that tech rip. Mr. Gray loaded up a glob of hash for me to smoke out of his most legendary creation. He asked me how big I wanted to go and I said medium. As the beads of sweat started to drop down my brow halfway through, I began to get the impression that he may in fact have gone a little chunkier than a medium. The next 15 minutes were a journey through time and space.
At one point minutes after that fateful rip, I was just sitting there on the couch fried and this really nice lady came up and gave me this crazy crystal pendant and said thank you for coming up to Humboldt. I just remember trying to piece together a thank you as I sat there melting, and by the time I stood up five minutes later, I couldn’t even remember what that lady looked like. So if you’re that lady, thank you again!
Following my recovery, I stood with the crowd of folks who lined up around the skull to watch everyone rip it. It was fun to watch the expressions of people as they walked in and looked at the table mesmerized. As cool as the pictures are, it’s hard to capture the way the natural light kisses the glass — it is really something special, even on an overcast day like when we saw it. It was a really headie crowd in general. A lot of people knew exactly what they were looking at, even though it was the first time they had ever seen the skull in person.
After they took it all in, they lined up to hit it. One person noted that by the time they arrived at the party at 6:30, it seemed the skull had laid a path of destruction through the crowd. The Mr. Gray-loaded dabs had people somewhere between Mars and Jupiter.
While I was in no condition to ask him at the moment, as I headed back south from Humboldt on Sunday, I reached out to Mr. Gray to get his take on how iconic the skull continues to be all these years later.
“To most people when they think of a glass pipe, they think of a bong they use or their first spoon, but I think of something more elaborate,” Mr Gray told L.A Weekly. “ Here in Humboldt, I have immersed myself in glass to the point of no return.
Even with the full-on immersion in cannabis culture, Mr Gray emphasized this one holds a special place in my heart.
“It’s a Holy Grail every time I serve someone a dab,” Mr. Gray said of the joy on people’s faces. “I believe it elevates their mind, body and spirit, and I hope it makes it slightly easier being in these human bodies.”
Jacob from Have Hash, one of the most award-winning hash companies globally over the last year, explained how we all ended up getting to hit the skull.
“I apprenticed for Mr. Gray in between farm work when I had just moved to Humboldt, so we’re buddies,” Jacob told L.A. Weekly, “He now works with my friend Zach who does One World Humboldt, a new heady gallery that holds the piece, and I figured it would be a great opportunity to bring it out so I asked em if they wanted to.”
THE LEGEND OF ZELDA: TEARS OF THE KINGDOM LIVES UP TO THE MASSIVE HYPE
Link’s latest adventures in The Legend of Zelda: Tears of The Kingdom (TOTK) are everything we were waiting for.
The game has proven a roaring international hit. One common phrase often seen across social media in the past two weeks since the launch is the idea that Breath of The Wild, Zelda’s previous foray on Nintendo’s Switch when the system launched, almost feels like a beta version of what we ended up with in TOTK. How wild is it to call a game that went on to sell 30 million copies since and win a ton of awards a beta test? But it honestly feels kind of accurate with how much TOTK built on the last version of Hyrule we visited six years ago.
The Legacy of Zelda Enthusiasm
There are few dates on the video game calendar that get circled with more enthusiasm than a new Zelda game. Since the first one dropped in 1987, its raving fan base has always wondered what would be next for the franchise that often served with Super Mario Brothers as a flagship game that showed off the capabilities of Nintendo’s hardware from generation to generation. Zelda’s creators Shigeru Miyamoto and Takashi Tezuka were a part of both famous franchises. While it doesn’t quite serve that role in the same fashion given Nintendo has now allowed many more developers to publish games for their hardware in the Switch era, Zelda still very much serves as the benchmark for how much fun you can have on the Switch.
Zelda has turned down the cartoon style from 20 years ago. But the current look and feel still have a very anime feel that looks a lot cleaner than Wind Walker released in 2002. But 2006’s Twilight Princess feels much more similar to what the game looks like today. The modern version feels a lot brighter and more fun, like the way the lava pops with bright red and orange bubbles.
Miyamoto explained some of the thought processes they had as Zelda continued to transition into the 3D format in the 2000s. He noted part of the reason they went for the cartoon look was it made it easier to show expression in the characters. He also wanted it to feel like you were playing a cartoon in 3D, they definitely aced that test.
Breath of The Wild provided a lot of the building blocks for this new sequel on the same generation of hardware six years later. In an interview with Game Informer, Miyamoto noted one of the big jumps as Zelda made the move to the Switch was the nature engine. Exploration has always been a significant backbone of the fun in the play-it-at-your-pace game where you can toss around chickens or make a speed run for the master sword.
“Adventuring and exploring nature is what makes the game,” Miyamoto told Game Informer when the game launched. “I had to relook at what dungeons look like for us and kind of take it out of the dungeon. We spent five years kind of working on that.”
Miyamoto admitted he himself likes the open-world aspect of players creating their own adventures across the storyline over the years but understands there are folks out there that like those deep storylines with a lot of backstories. He thinks this modern generation of Zelda games has done a good job balancing the two.
The Tears of The Kingdom Launch
Over the past few weeks, the world has now had a moment to dive into Hyrule. But the months and years leading up to this moment had a bit of mystery to them. Regardless, once the game hit shelves, it was on.
In just three days, it became the fastest-selling Zelda game of all time. Ten million units moved globally in that first 72 hours, 4 million of them here in North America. That makes it the fastest-selling Nintendo game ever on any system in North America according to Nintendo. A major achievement for the game’s creators.
“Many players are returning to Hyrule with all its new mysteries and possibilities, and with the record-breaking launch of The Legend of Zelda: Tears of the Kingdom for Nintendo Switch, we can’t wait to see what they’ll create in the game and the stories they’ll share next,” said Devon Pritchard, Nintendo of America’s executive vice president of sales, marketing and communications. “We’re grateful for all of our fans who’ve shown their passion for The Legend of Zelda over the years, and these sales numbers for the latest installment continue to show the strong momentum for both the franchise and Nintendo Switch this year.”
Reviews and Livestreams Pumped The Hype
One of the things that helped the massive launch was just how positive all the reviews were. It’s currently sitting at a 95 on Metacritic, the most noted aggregator of video game reviews by a mile. That score puts it as the 49th greatest game of all time per their review system. While 22 other games in history have scored a 95 on the site, TOTK ranks No. 1 one among those games that have scored a 95 since the website was founded over 20 years ago.
Zelda’s 1998 edition Orcana of Time is the number one game of all time on Metacritic as the only game ever to score a 99. The last installment on Switch, Breath of The Wild, ranks No. 14 on the all-time list with the Wii U version coming in No. 26. Twilight Princess is No. 39, and The Wind Walker is No. 44. There are a few on the list after TOTK also. The Gamecube Collectors edition from 2003 came in at No. 54. The Game Boy Advance edition of A Link to The Past came in at No. 59 with Majora’s Mask right behind it at No. 60. Twilight Princess is two spots later at No. 62. A 3DS version also made it. With the TOTK’s reviews getting added to this all-time list, basically one in 10 of the top-reviewed video games of all time on Metacritic is a Zelda game, if you count the two versions of Breath of The Wild as one.
“The fandom behind the Zelda franchise is stronger than ever and to date, Tears of the Kingdom is the best reviewed game of 2023 on Metacritic,” Marc Doyle, Co-Founder of Metacritic told L.A. Weekly. “In fact, it currently ranks in the top 50 games of all time and the number four Zelda game to ever be released.”
We asked Polygon Senior Reporter Nicole Carpenter if she thought the game got scored tougher by critics as a direct sequel.
“I don’t necessarily think it got scored harder, but Breath of the Wild did have a major impact on the industry so there was an expectation for what Tears of the Kingdom would be. The bar was already set high and people expected Tears of the Kingdom to jump over that bar,” Carpenter told L.A. Weekly, “The game sold 10 million copies in a few days so it’s definitely up there for the biggest game of the year. Beyond that, Tears of the Kingdom will be one of most influential games of the year.”
Another thing the newer generation of Zelda games has had play to its favor is the rise of online streaming. The launch has been a hit. According to TwitchTracker.com, over the last week, people have spent 8 million hours watching other people play the game and the streams averaged about 50,000 people watching at any given time. Things peaked on May 11 when 351,714 users were simultaneously watching TOTK streams.
50 Hours In
What?! The Great Deku Tree has a stomachache again?! Sign me up. That’s not even a spoiler at this point, it’s presumable Hyrule’s bad guys at any given moment have had an impact on his acid reflux. Those kinds of expectations are one of the things that have made the series great. Each time we go back, the little things we love are done even better.
We are about 50 hours in. I’ve completed the Wind Temple but have predominantly spent most of my time exploring. I’ve hit about 35 Shrines so far in the process of building up hearts for the main storyline. One of the reasons I’ve hit so many shrines early is because of how fun the new gameplay mechanics make them. The massive refreshing of all the minigames makes each one feel very unique.
Those four new core gameplay mechanics are called Fuse, Ultrahand, Ascend and Recall. Fuse lets you attach objects from the world to each other or your hand after you use Ultrahand to move them around. You’ll use a combination of those powers and the world around you all the time to upgrade your weapons, solve puzzles and even build vehicles.
Ascend adds another vertical element of gameplay in addition to the massive sky map that covers the whole game from above. It allows you to climb through ceilings within reach of the ability and emerge through the floor on the other side.
Recall allows you to move objects and then recreate that object’s movement through time. Say a rock falls down a waterfall you want to go up, you hit the rock with recall and ride it up the waterfall. There are some wild uses for one when it comes to all the puzzles.
There also is a ton of wild physics mechanics attached to the main storyline. As you dive further and further in, you’ll get access to an even wider array of tools to combine with the Ultrahand and Fuse abilities.
With all that, and what feels like triple the game compared to Breath of The Wild, I think the only reason TOTK isn’t higher on the all-time list is that it’s a direct sequel. Regardless, it’s one of the best games ever.