THE CANNABIS TRENDS WE’RE BUYING IN 2023

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 WEED, SEX, AND CHOCOLATE GUIDE 2023

The Weed, Sex, and Chocolate Guide is back to help you with your quest to enhance the Valentine’s Day festivities.

Weed is one of the greatest Valentine’s Day gifts of all, regardless of your plumbing. You can buy it for the person you started dating last week or last decade and you never have to worry about it being too over the top. Not the lube, but the other stuff. 

We’ve always used this list to highlight the chocolate of the moment. We’re also trying to include plenty of new faces this year, but you’ll certainly recognize a couple of OGs that just have it down. Nevertheless, we’re sure this lineup of cocoa in all its glory produced all over California will fill the air with, at the very least, a love of weed chocolate.  

The Weed

Alien Labs – Super Silver Haze x Xeno

The pheno of SSH x Xeno that we tried was probably the haziest American thing we’ve ever had the chance to sample. It tastes more like something from Europe than Sacramento. I think the thing that shocked us the most was just how overpowering the Haze terps were over the complexity of Xeno. A lot of people would argue hazes are some of the best sex weeds with the exception of this dominatrix I knew from San Francisco who said Blue Moonshine. But I think she just wanted a heavy indica to make it easier to tie people up. 

Symbiotic Genetics Rosin

Courtesy of Kalya Extracts

Symbiotic Genetics is one of the most stored seed companies of the decade. In addition to its genetics taking top honors at Chalice, its work has dotted podiums all over the world for years. I even saw some Mimosa grown in Africa that would be competitive. As luck would have it, the amazing flavors are now available in hash made by some of the world’s best extractors. Keep an eye out for their work with Royal Key Organics and Kalya. 

The Chocolate

Fig Farms – High Flyin Chocolates

Courtesy of Fig Farms

The first-ever Emerald Cup indoor flower champions are diving into the world of edibles with a new chocolate offering. Made from the same quality material that’s taken home a podium spot in every contest it has ever entered, you’ll certainly be able to feel the difference. But the actual flavor of the Cookies and Cream rosin-infused chocolates is spot on, too, with no weedy flavor to it at all. 

Oui’d Confections

Courtesy of Ouid

Is another rosin chocolate starting to make waves, Ouid is owned and operated by Michelin and James Beard Award-winning chefs Matthew Kim and Matt Rowbotham. The pair strived to bring their high-end cooking experience to the world of cannabis edibles. They argue that they are putting out restaurant-quality confections and it would be hard to say otherwise. Ouid Confections is available all over Los Angeles. 

Cosmic Cookie Dough

Courtesy of Cosmic

We covered the tale of Cosmic Cookie Dough last year, and they remain one of the easiest ways to please vegan edible lovers. If you want to show your vegan lover you care, bake some up for the holiday or just bring two spoons and raw dog it. There are no eggs, so you don’t have to worry about food poisoning. 

Punch Edibles

Courtesy of Punch Edibles

Punch always has a Valentine’s day offering, but this year, the new half cookie bar is definitely our pick. Punch is a company that was made famous during the medical era for its potency but had to fall back on quality alone once the value buying aspect of cannabis edibles was lost to the 100mg THC cap that came with Prop 64. This year the company celebrates a decade of getting Southern California lit with its exceptional edibles. 

Native Humboldt

Courtesy of Native Humboldt

Want to get your V-day chocolate from a women-owned farm in the heart of The Emerald Triangle? Look no further than Native Humboldt. The bars are filled with the quality and love of the game it takes to be a survivor up north these days. With so many farms devastated over the past few years up north, it’s important to support the farmers up there when you get the chance, but we’re not telling you to buy it out of sympathy. It’s great chocolate. 

Jelly Wizard Magic Morsels

Courtesy of Jelly Wizard

We have been a wizard gang since the moment they entered the recreational market. We were literally standing at the booth smoking a blunt with them when they made their first legal sale at Kushstock a couple of years ago. While the gummies helped put them on the map along with some killer hash and flower, do not sleep on Jelly Wizard’s chocolate offering. You can truly taste the hype in The Magic Morsels. 

The Sex

Flora + Bast Aphrodisia Intimate Arousal Oil

Courtesy of Fiona + Bast

The dual purpose oil is designed for both topical and edible adventures in the bedroom. Now is the $77 price tag steep for 1,700mg CBD and 1,000mg CBG? Maybe that’s just the cost of great cannabinoid-laced sex these days. Flora + Blast note when applied topically it makes you slippery and stimulates the libido. If you eat it, the CBD makes your Valentine’s Day hookup less regrettable. The oil also comes in a Sex System they call “the kit” (not my quotations) because why not, right? That set features a QR code to download the book “Becoming Cliterate” by author and sex educator, Laurie Mintz, Lelo’s sonic massager Sona II Cruse and the Aphrodisia Oil for $149. 

Lavinia Oh.Hi Lubricant

Courtesy of Lavinia

In one of this year’s list’s most heartwarming tales, here is Lavinia’s backstory that I couldn’t possibly word better:

“The brand was founded in 2021 by Katie Enright, a former celibate studying to be a nun. In a quest to help herself and others obtain easy, powerful, multiple orgasms, Enright began by studying cannabis and sex, and created her first product for herself, then for friends, then friends of friends. After an earth-shattering orgasm, Lavinia’s first product, oh.hi, was born.”

The company claims the THC and CBD-infused lube increases blood flow for heightened sensation when applied vaginally or for Valentine’s Day butt stuff. Oh.hi is latex friendly, glycerin-free, glycol-free, paraben-free, hypoallergenic, unscented, unflavored, and 100% vegan. It’ll take about 15 minutes to work, not the slippery part, the weed part. Oh.hi is available at dispensaries all over California. 

ZUSHI CONTINUES TO DOMINATE

In a market where truly exceptional cannabis is a rarity, The Ten Co.’s combination of premium quality, remarkable branding and Zushi remains unrivaled.

Our last conversation with The Ten Co. came on the heels of their monumental success in 2021, when they claimed top honors at the inaugural Zalympix event. The competition scene reached new heights after Greenwolf, Los Angeles’ premier heat retailer, stormed out the gates with their top-shelf box contest.

Now, two years later, Zushi has once again emerged victorious. During its initial triumph, some skeptics attributed the win to mere hype. Yet, the myth and allure surrounding Zushi were proven to be well-deserved, evident in the four-hour-long queue that formed at their booth during the recent Zalympix ceremony. However, the mystique surrounding Zushi was even more pronounced two years ago, causing people to fall into various camps of belief. Some staunchly reaffirmed their faith in Zushi after the W, while others criticized the influence of hype. There were also those who may not have personally favored Zushi but acknowledged why it emerged as the winner.

This time, subjectivity was eliminated through blind entries. Zushi had to withstand the scrutiny of over 120 entries just to secure a place in the finals. Once there, it faced fierce competition within the most challenging Zalympix box to date, alongside a plethora of exceptional Z terpenes, as we previously highlighted when reviewing the entries. Undoubtedly, this victory was well-deserved.

We reached out to Staks, the founder of The Ten Co., to inquire if he ever felt concerned about the abundance of exceptional Zkittelz flavors in this year’s competition.

“Absolutely. Z has held the championship title for quite some time now. There were numerous entries that were just as impressive as mine, which was fantastic to witness. It’s about time the industry started emphasizing light green cannabis again,” Staks candidly shared with L.A. Weekly.

Staks acknowledged that the game has significantly evolved since the first Zalympix. He believes that people are actively searching for new and unique offerings that can compete, hence the outstanding quality of this year’s entries. However, until proven otherwise, Zushi remains the reigning king. Staks appreciates the competitive environment within which The Ten Co. operates, considering it beneficial for their business.

Now, the focus is on delivering the hype directly to consumers.

“We are currently directing more attention towards the direct-to-consumer approach,” Staks revealed. “We previously launched but decided to take a step back and now we’re in the process of building up our online delivery capabilities.”

The direct-to-consumer format will enable Zushi to reach consumers as quickly as possible. Given the premium price that people are willing to pay for this product, Staks wants to ensure that the experience is preserved for every individual fortunate enough to acquire one of their bags.

“We have a specified timeframe during which our products can remain on the shelves. If it exceeds this four-week period, or even three weeks, it is promptly removed, making room for a fresh batch. This way, we can maintain stringent quality control,” Staks explained.

While Zushi continues to steal the spotlight, The Ten Co. currently boasts around ten strains in rotation. Additionally, Staks recently cultivated a variety of seeds he acquired from Europe, embarking on a search for the exceptional flavors of his youth, such as Cheese and Sour Diesel. In the coming month, he will undertake a meticulous selection process to identify standout winners worthy of joining their award-winning catalog.

We asked Staks if, when participating in a contest like Zalympix, he meticulously examines every batch or simply puts all his chips down on Zushi.

“I felt compelled to carry on the Zushi legacy for as long as possible. Personally, I believe this strain has so much to offer, and it continues to exceed our expectations,” Staks explained. “We conduct numerous tests with Zushi, and she never fails to impress us. With each batch, we aim for better quality and more pronounced flavors. Our use of live-soil facilities contributes to preserving those unique characteristics. Our plan is to explore different mediums and light spectrums to ascertain what Zushi prefers to express.”

Naturally, we couldn’t overlook the recent Zushi rosin craze. Two-gram jars of their limited release in collaboration with West Coast Alchemy were fetching a staggering $1000 each. This price tag represents the highest ever seen for rosin, yet demand remained strong. The remarkable hype surrounding Zushi flowers seamlessly transferred to their terpene-rich products.

Regarding the price, Staks clarified, “The price point was determined by the market; it had nothing to do with us. The exclusivity and rarity of our collaboration with West Coast Alchemy played a significant role. We never produced these in large quantities; a few batches were exclusively reserved for family and friends.”

Keep a close eye on The Ten Co.’s website for upcoming flower releases and merchandise drops.

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.

YOU CAN’T ENFORCE AWAY LEGAL CANNABIS PROBLEMS

Cannabis operators have faced the short end of the stick time and time again in the legal marketplace, but leaning back on the Drug War tactics of prohibition is never the answer. 

The plague of operators who have never smoked heat in their lives bashing people who never got the shot they wanted in the marketplace continues to grow. Most of the time, the people taking these shots at the traditional underground market are well-funded operators. They use “enforcement of the law” as a catch-all phrase to narc on the streets from state to state. The lack of enforcement, as they see it, is the root of their headaches. This is regardless of their product quality. 

It’s a lot easier to blame someone else to your investors. Those who have been participating in cannabis markets the longest have become the target of that ire. In the worst circumstances, they’d try and convince you all the cannabis grown outside of the legal marketplace is loaded with pesticides that will kill you and sold to you by an international drug trafficking entity. Sure, there’s some nasty weed and sketchy folks in the mix, but painting the entire marketplace with that brush? Sad. Disingenuous. So many things come to mind. 

But here in California, those painters may have pushed us into a new era of enforcement that’s going to bring us back to something a lot closer to the dark ages of cannabis. California’s legalization rollout has gone less than ideal. The original plan to transition the underground market to a new regulated one changed quickly following legalization. 

In the merger of Prop 64 and the state’s forthcoming medical cannabis regulations that would have gone into effect had Prop 64 failed, certain protections for small farmers were lost. The biggest was the prevention of the permit stacking that led to the mega farms that priced mom and pops out of the game on both sides of the market.  

There is a sublayer of people in all this that pretends to hate the underground market while backdooring products from mega grows through sketchy distribution companies. These distributors are the plausible deniability between you and your weed in New York, should shit hit the fan. The mom and pops getting hit the hardest by enforcement this summer rarely will have access to such wider distribution networks technically tapped into the legal market. 

The mechanism for this shitty deliverance will likely be the new Effort to Prevent Illicit Cannabis (EPIC) program. The program is essentially a rebranding of the state’s 40-year-old Campaign Against Marijuana Planting (CAMP). A major difference will be the way the actual enforcement efforts are directed. 

Attorney General Rob Bonta noted when announcing EPIC that his reforms would be focused on the environmental, labor, and economic impacts of illegal cultivation. Much of the resources directed to CAMP went to monitoring the national forests of Northern California for grows during the peak of the growing season, but the EPIC program will have a permanent presence going forward.

One aspect of the program is the fact that it’s expected enforcement on unlicensed gardens located on private parcels will pick up a lot this year. As it destroyed 30 million cannabis plants over the decades, many times there wasn’t anyone in the forest to charge. With the move to heavier enforcement on private parcels, we’re bound to see more people facing legal trouble.

It’s being viewed as a double-edged sword by many up north. As they hear of the risk of enforcement, many laugh, presuming it can’t be anything compared to what they faced during the hardest era of enforcement up north. They also expect the enforcement will see prices bounce back up. 

It might have never gotten to this point of increased enforcement had the farmers had a real shot in the first place. And as the last 40 years have proven, you can’t enforce cannabis out of California, especially when it’s more popular than ever.  

FEDERAL CANNABIS ARRESTS DIP 24% IN 2022

Advocates are celebrating federal cannabis arrests dropping 24% in 2022

After frequently noting all the cannabis progress happening around the country and the world in recent years, we were a bit caught off guard by the large jump in cannabis arrests during the first year of the Biden administration. That 2021 jump in arrests was the biggest in a decade, as we noted last year. 

This was despite Biden’s promises to pursue decriminalization, now two and a half years ago. Nevertheless, 6,606 people will be arrested by the DEA and partner agencies in 2021. There were further resounding messages from the community that this was the opposite direction we had expected to see cannabis enforcement take in the Biden Administration. 

The 5,061 people arrested on federal cannabis charges last year represent a 24% drop from the year before. It also nearly erases the jump from 2021 when the decade-highs in arrests represented a 25% jump from the year before. 

NORML noted that while arrests were down, seizures trended in the opposite direction. 

The DEA’s Domestic Cannabis Eradication/Suppression Program Statistical Report noted agents and partner agencies confiscated approximately 5.7 million cultivated cannabis plants last year, 37,000 edibles, and 60,000 concentrates. NORML noted that as in the past, most of this enforcement is happening in California. Just over half of all federal cannabis arrests in 2022 took place in California and 88% of all product seized nationally was in The Golden State. 

“California has always exported the majority of its marijuana crop out of state and the adoption of adult-use legalization in the Golden State has done little to change this fact,” acknowledged California NORML Coordinator Dale Gieringer. “Illegal marijuana cultivation will persist in California so long as there remains a substantial demand from other states and as long as interstate commerce remains prohibited by federal law.”

California had the most plants seized by a mile. Of the 5.7 million law enforcement scooped up around the county, 4.9 million were here. We had 16.6 times as many plants confiscated as runner-up Oklahoma. Kentucky and West Virginia rounded out the top four.  

“The reasons we are still seeing relatively high levels of marijuana eradication and interdiction are simple,” said NORML’s Political Director Morgan Fox. “Despite considerable state-level progress, more than half of all U.S. states continue to ban regulated adult-use cannabis markets. Furthermore, the federal government overtaxes state-licensed cannabis businesses and makes it extremely difficult for them to access basic financial services so that they can better compete with unregulated operators.”

Morgan believes the expansion of state markets and fewer hurdles for operators will do a lot more damage to the underground cannabis economy than any enforcement could ever hope to. 

“Spending billions of taxpayers’ dollars to enforce federal cannabis prohibition, putting law enforcement officers in unnecessary danger, and hampering the implementation and effectiveness of state-regulated markets are clearly not the answers to this issue,” Fox said. “Rather, the federal and state governments should work toward furthering sensible policies that facilitate regulated cannabis markets and work to repair the harms caused by nearly a century of prohibition.”