NORTHERN NIGHTS BRINGS BEATS AND HEAT TO REDWOODS We headed north to the redwoods for the latest installment of the original cannabis-friendly music festival, Northern Nights. The festival’s geography plays a significant role in its place in the history of cannabis progress. The venue, Cook’s Campground, sits in the heart of the Emerald Triangle stretching…
NORTHERN NIGHTS BRINGS BEATS AND HEAT TO REDWOODS
We headed north to the redwoods for the latest installment of the original cannabis-friendly music festival, Northern Nights.
The festival’s geography plays a significant role in its place in the history of cannabis progress. The venue, Cook’s Campground, sits in the heart of the Emerald Triangle stretching across the county line separating Mendocino and Humboldt. In addition to all the fine local cannabis, attendees spend their weekend enjoying up-and-coming EDM acts across numerous stages, and floating on the river.
This past weekend we got the chance to sit down with many of Northern Nights’ co-founders as they celebrated the festival’s 10th anniversary, including Andrew Blap, Peter Huson, Matty “Worldfamous” Roberts and Emily Wilson.
The festival has long been associated with legal cannabis sales after hosting the state’s first at music festival in the wake of Prop 64’s implementation. Following Northern Nights’ lead, major festivals around the country jumped on board with the idea, including EDC Las Vegas and Dirtybird Campout. In past years, those sales were confined to specific areas — last year even featuring two stageside dispensaries and a main cannabis activation area. This year the entire cannabis footprint was integrated into the heart of the festival, a short walk from the mainstage under the shade of the region’s massive trees.
We asked the Northern Nights team what it was like pushing that further integration this year.
“I think the big thing in working in two counties is first and foremost the context of where you are putting things,” Huson told L.A. Weekly. “When it comes to the history of cannabis events here, it’s the local jurisdiction, you have to start there. Mendocino passed their ordinance and we could bring a couple of dispensaries into Mendo.”
Courtesy of @y.s.a
But there was a lot of separation between those dispensaries.
“And ultimately, I think the premise of boundaries, aka fencing, has been a big thing in terms of limiting the number of sales,” Huson said of the caged-in areas. “I think the different places that we were putting the dispensaries if you wanted to get them, for example, all the way out to the river, it’s a lot of overhead.”
A big part for the team was making sure those local sponsors from the cannabis industry felt right. Huson notes there have been a few folks in the space doing these events for a while, but the brands taking part fund the progress to prove what can be done.
Courtesy of @anthonysvendsen
Matty Roberts added pushing boundaries is in line with the general ethos of the festival over the years.
“We’re booking cutting-edge shit, which makes our lineups very eclectic. We pick all this cool music because we’re kind of in a sweet spot. We’re not a big event. We don’t have a ton of money behind us, so we have to get scrappy and find a lot of new stuff.”
Roberts laughed, noting people look at the old posters from over the decade and act like the performers back in the day were bigger, but they didn’t actually know who a lot of those now big-name acts were when Northern Nights booked them.
“Now you look back, our lineup from eight years ago looks like a $2 million lineup,” Roberts said.
Roberts spoke of coming from the Midwest where a stem on your shirt would land you in jail. He’s thrilled to help facilitate a good time for a younger generation that never has to know those horrors.
Emily Wilson went on to speak that filling the void that Reggae on The River left in the hills is an honor.
“But there is a lot of responsibility as well. That means, we have to do the due diligence in finding new and up-and-coming music, working with local cannabis businesses and producers who have been working in the community a long time and supporting it through these transitions.”
@y.s.a
Wilson argued sometimes that means bringing in both the little guys and the big guys. She said that is a responsibility you can see they take seriously across the festival with not just cannabis but local wineries and breweries, too.
“Every single facet that we can, and where we’re able, we want to support local and present the best that Northern California has to offer. We’ve got Humboldt Bay Oysters fresh from the docks,” Wilson said.
One of the things Wilson said she enjoys the most is those people that have stuck with them since year one. Through all the trials and tribulations of being a small independent festival and the learning curve that came with it, they kept coming back, and that meant a lot to her.
The actual cannabis section itself was really well done. As in years past, it provided a shady reprieve from the Northern California sun that hit 94 degrees Saturday in what felt like 1,000% humidity. One of my favorite parts of the festival was the morning sound bath in the cannabis zone. You would see people tiptoeing around all the people laid out, to get to the ATM for their weed money. Everyone was really respectful, but even then, the visual was hilarious.
This year’s switch to delivery was a good move. While it took five minutes longer, it allowed for the entire Northern Nights cannabis experience to be more streamlined than had there been fences everywhere to facilitate a temporary retail site.
The actual weed people were buying was no slouch. Some cannabis activations over the past couple of years have gotten a bit midsy. Sometimes you’d see these brands that can’t even get dispensary shelf space taking a lead at festivals — gross. Thankfully, Northern Nights did not have this problem. I would argue that The Lantz from Ridgeline Farms is the nicest weed for the price I’ve ever seen at any festival. Eighths were only $35! I bought seven over the weekend.
Hopefully, other festivals trying to get into the cannabis game will take note of how well Northern Nights did it.
We talked with Jim Belushi ahead of the third season of Growing Belushi as he looks to take the brand international.
The third season will also be the biggest run for the series yet with Discovery doubling the order to six episodes after a 30% jump in rating from Season 1 to 2. It makes sense, there are plenty of things to talk about in the cannabis industry at the moment, both foreign and Domestic. Belushi told L.A. Weekly should things go well, they have the footage for a couple more episodes.
Some regulars who will be tagging along and making appearances on this season’s tale of survival and expansion include Dan Aykroyd, cousin Chris and Larry Joe Campbell.
Belushi is excited.
“We’re on Wednesday night! And we are following Moonshiners. So it’s like, grab your illegal whiskey and grab your legal weed and it’s go for the evening,” Belushi told L.A. Weekly. “Third season, it’s going a little more national and global. I’m really taking it from the little flower to going to see what’s going on in the national picture.”
After the first two seasons at his cannabis farm, Belushi is excited about how far and wide they went for the latest installments of the series. Production saw the team visit 14 states and three countries, including Canada and Albania.
Belushi really enjoyed his time diving into the Albanian scene.
“It’s beautiful. They’re building it. It’s incredible what’s going on in that country. It’s gonna be the new resort area for tourism, and tourism is just skyrocketing because the prices are really great. The food is great. It’s a very young crowd there,” Belushi said. “They’re very curious about expanding medical cannabis for export there, and I know the Prime Minister and Albania, and he wanted to pick my brain.”
Belushi explained part of this season is him letting his ego get the best of him. Hence the call for expansion and international market domination, the latter probably mostly a joke, but rooted in high hopes.
We asked Belushi what it’s like to shoot in this more touring style compared to sharing his personal trials at the farm.
“Oh, well, there are a lot of personal trials,” Belushi replied. “That’s the whole point, like national expansion isn’t that easy with every state having different compliance, different rules and some are medical states, some are recreational states. So that’s what we can explore a little bit.”
We asked Belushi what going national meant to him. Was it licensing intellectual property? Setting up gardens in other states?
“Lot of it is licensing. But vetting out the growers and the companies,” Belushi explained. “We got a great opportunity and Shelbyville, Illinois, taking over indoor grow that was a charity grow, all the profits go to charity. And we are taking that over and actually kind of doing like a Bar Rescue of like going into this girl upgrading everything and it becomes a Belushi Farms in Illinois. So we’re going to be growing in Illinois. We’re growing in Oregon and we’re licensing other places, other states, and possibly growing in Albania.”
Keep an eye out for new episodes of Growing Belushi starting Wednesday, April 5.
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 Emerald Cup is deep into its judging cycle for 2023 as organizers prepare for May’s Award ceremony and we’re back on the solventless team.
We’ve had great access to the contest since 2018. This is my fifth year judging one of the hash categories. While the state has seen some upstart contests making waves in recent years, the two decades of consistently bringing the heat still had The Emerald Cup firmly cemented as the top dog.
Currently, the judges are meeting once a week to go over the various categories. Edible and flower judges have to stick to the most vigorous schedule. You can smoke all the hash in a day if you party hard enough, but between the hundreds of flower entries and the pace of your metabolism on edibles, it’s easy to understand why some of the categories are referred to as a full-time job.
High Time’s Jon Cappetta noted on Twitter this past Sunday, it took him three weeks to finish all the flower samples. He also said it was a gauntlet that he was glad was over.
For better or worse, the cup tends to prove as a launching point for a lot of ideas within the game. That goes from everything from new flavors to hardware. The ideology there is if you can pull it off out of the gate at the cup, the wind will be in your sails as you enter the market.
But if you go all in for the cup without consistency in the product that hits the market after, the win isn’t worth much. There are plenty of brands that took the top prize in various categories that were never to be heard from again after the win. Maybe they just couldn’t scale up, maybe they entered white label they couldn’t grow themselves.
L.A. Weekly is back on the solventless team to help judge some of the best concentrates, or hash, on the planet. The reason The Emerald Cup’s hash categories are home to some of the best terps from around the globe is the quality of material California extractors have access to, this goes for both the solventless and hydrocarbon categories.
Hash is one of the places we see the new ideas we mentioned before. Every year there are experimental consistencies, especially in the personal use category. This is one of the places where the most important lesson of all is terps over tech. If the material you are using to make the hash isn’t that good, you’ll never be able to compete with the top of the food chain, regardless of how pretty you’re able to make it look.
The kit I’m using to judge this year is essentially the same as last year with a few upgrades and additions. Most notable is the new hitman rig, it hits a bit smoother than the mini beaker I was using last year. Also, all the quartz I’m using to judge this year was made in Los Angeles by Alien Flower Monkey Glass. Puffco also released the Proxy since last year. It’s great for water hash, so that will help speed the process up for judging water hashes this year.
I’ve focused on the rosin and personal use categories so far. I’m currently in The Canary Islands judging flowers at The Canary Islands Champions Cup and couldn’t bring the entries with me, so I wanted to make sure I had solid notes for the meeting I’ll do with the other judges while I’m here. When I get back to America, I’ll bust through the water hash entries in a day or two, since it’s the smallest category with about a dozen entries. On the other hand, Rosin has 42 entries and personal use has 13.
Most of the entries are either fresh-pressed or a cold-cured batter. The fresh-pressed is glorious looking and tastes bomb, but the market is moving more toward the shelf stability of cold-cured rosin. This could definitely be seen this year with the number of fresh-pressed entries way down, but a couple of them are still bangers.
We’ll share all the winners with you next month when they are announced.
Every year there is even cooler stuff available for cannabis consumers on 4/20.
It will be no different in 2023. There is a wide array of new products and strains sure to take our breath away in the coming months. Here are our must-have products for 4/20/23 next week:
Puffco Wizard
Courtesy of Puffco
While the Gandalf-style pipe is nothing new, Starfish Designs was famous for pumping them out back in the day, in the past, glass versions have generally been designed for flower. With Puffco’s new Wizard attachment to complement the Proxy, you’ll now be able to smoke hash Gandalf, too. While it looks cool, some people find that little bit of extra space compared to the stock Proxy attachment rips a little bit smoother. The Wizard is $99.99,
Talking Terps Clothing
Courtesy of Talking Terps
Few artists have been able to get the cannabis scene as excited at the concept of high-end art as Talking Terps. Their knack for limited editions and luxury now sees their products gracing the offices and homes of some of the coolest folks in the cannabis space. Some recent hits include the Terp Fetti sweatpants. They look like one of those delicious vanilla confetti cakes but are super comfy to match. We haven’t tried them out yet, but the new footholders they’re about to drop look pretty sick, too.
Globmops Slurper Cleaner
Globmops are nothing new, the company has long been one of the two main titans of cleaning your quartz after a dab with a lab-grade cotton swab that’s spun a lot tighter than a Q-tip, so you don’t have to worry about it breaking up and leaving behind anything on your quartz banger. But now, Glopmops has a Slurper Cleaner design perfect for Terp Slurpers. They’re kind of a hassle to clean with the standard Globmops so a lot of people would dunk them in iso after every dab; this will make it a bit quicker.
Wizard Trees Seeds
Courtesy of Wizard Trees
Wizard Trees is one of the most celebrated cannabis farms in California in recent years. While they had traditionally been known for making excellent selections in pheno hunts and then producing great flower, they’re now making an even deeper jump into genetics with their first seed drop ever. It was initially timed with the Spannabis festivities. The drop is available at WizardTreesGenetics.com and there are a lot of RS-11 crosses on the list that are easy to get hyped about.
Free Seed Day
With the timing of this year’s 4/20 issue, we’re thrilled to be able to let you know you can get out to Free Seed Day this Saturday, May 15, at Masonic’s on Fairfax. The day is a celebration of all things Los Angeles cannabis genetics. We dove into its three-year evolution with Masonic Smoker last week. As the name entails, there will be plenty of free seeds to go around with bags ready for the first 1,000 people that come out. But even if they run out of the official bags, you can expect to not leave empty-handed if you really love seeds.
Oni Flowers
Courtesy of One
The long-awaited first drop of flowers from the legendary Oni Seed Co hit California dispensary shelves in recent months. So far the flower is holding up, as more people around the state get access. The phenos were selected from a big pheno hunt, when you pop a lot of seeds, of Oni’s storied genetics collection. Two of our favorites so far have been the Zahiti Rainbow and Purple Something, the latter helping fill a bit of the purple void in the marketplace at the moment.
Brothers Broadleaf
Florida-based Brothers Broadleaf has exploded onto the blunt scene over the past couple of years. We were originally put on to them by Adam Ill at Kushstock a few years ago. In the time since it was like watching a snowball roll down the hill with all of their varieties becoming a massive hit. Even the discount Dudz line made up of imperfect leaves is considered among the top of the game. You can use discount code “JimiD15” to get 15% off on Dudz.
Preferred Gardens
As we highlighted in our explanation about what makes mixed-light cannabis awesome earlier this year, Preferred Gardens is among the most respected names in all of cannabis cultivation. This can be said for both indoor and mixed-light greenhouse operations. They’ve now taken the act on to Florida with more states on deck, but fear not, the weed here at home is still heat. It feels like it’s been a couple of years since we’ve seen something competitive with Preferred in that $35 an-eighth price bracket.
L.A. Family Farms
L.A. Family Farms winning The Transbay Challenge
Known for both the quality of their flowers and concentrates, L.A. Family Farms continues to shine locally. The Rainbow Belts rosin the farm won Transbay with was some of our favorite hash of 2022 for sure. In addition to all the great product, L.A. Family Farms’ logo is a common sight at cool events around town, its team in attendance, or sponsoring stuff based in the more authentic wing of the Los Angeles cannabis industry.
Doja Pak Coffin Candy
Doja Pak continues to revolutionize the way Los Angeles looks at Thursday night, as the strain premiers continue to be a massive hit with L.A.’s headiest. Their latest big new strain is a doozie. Coffin Candy is technically (Runtz x (Z x (Gelato 33 x 18 Coffins)). With Doja going all in on supporting the new flavor, we have high school expectations, given their epic run of curating hitters over the last few years.
Runtz Wraps
Already Runtz up your life? No worries gang, now you can Runtz up your blunts, too. Runts’ new line of Dominican leaves for rolling blunts is awesome. First off, you get six in a pack. For most five packs of blunts, I end up tossing one. Since you never have to toss out the loose leaves, it basically works out to two free blunts in every pack. They are also very stretchy compared to most blunts and forgiving.
For those who have wondered where the crossroads of Artificial Intelligence and hash would meet, look no further than Mountain Man Melts’ latest flavors ahead of the 7/10 holiday.
This popular hash company has taken a fun step into the realm of AI, leveraging its capabilities to create captivating labels and push the boundaries of creativity.
When some of Mountain Man’s usual design team found themselves swamped, taking longer than expected to deliver labels for new flavors, Joseph, Pat’s trusted right-hand man, came up with an intriguing idea—to harness the power of AI. They quickly realized the potential.
According to Pat, the founder of Mountain Man, the initial results were impressive. “It actually works pretty well,” he told L.A. Weekly, clearly pleased with the outcome. Mountain Man has always strived to differentiate itself with unique and eye-catching labels, and the AI collaboration allowed them to explore uncharted territory while maintaining their commitment to vibrant and rich colors.
Pat from Mountain Man Melts
Inspired by this newfound creative tool, Pat pitched the idea of a lemon wearing sunglasses in front of a rainbow to the AI. Within no time, they received four versions of the concept. While the initial iterations were generally on point, some adjustments were made to fine-tune the proportions to their liking. Eventually, they were able to seamlessly transfer the AI-generated images onto their product jars, giving each flavor its distinct visual identity.
However, the real test of the AI’s capabilities came when it was time to create a label for Pat’s favorite strain, Fatso. Known for its intense gas and funk, this strain posed a unique challenge for the Mountain Man team. They had to be clever in their approach, as they couldn’t simply ask the AI to depict a “fat kid being abducted by a UFO” due to its potentially insensitive nature. Instead, they described a child with similar proportions to Cartman from South Park. The AI delivered beyond their expectations, resulting in a label that Pat proudly slapped as one of his favorite flavor in the recent batches
The integration of AI in Mountain Man Melts’ creative process has proven to be a game-changer. In just a day, they were able to complete labels for four different new flavors, a task that would have taken considerably longer without AI assistance. They then entrusted the final designs to their skilled designer, who ensured that everything was laid out properly and formatted correctly.
“The homie still helps us, and then we just get it done a lot faster,” Pat shared, reflecting on the remarkable efficiency AI brings to their workflow. While the speed at which they achieve results feels almost like cheating, it undeniably benefits the company as they strive to keep up with the demands of its expanding customer base.
Mountain Man Melts is eager to continue exploring the possibilities of AI-generated art in their future flavors. As they enter the early stages of the summer light dep harvest, they anticipate incorporating even more AI-generated designs into their product lineup. The harvested cannabis material, carefully selected from the bountiful hills of The Emerald Triangle, will find its way into the freezers of Mountain Man Melts, where it will be transformed into exotic hash with the help of their expert team.
Pat expressed his admiration for the evolving capabilities of AI-based imaging tools, noting the freedom it provides to conceptualize ideas without being restricted by the cost of someone else’s time. Whether he desires artwork reminiscent of Van Gogh’s masterpieces or any other imaginative concept, AI enables him to explore uncharted creative territories.
As our conversation progressed, Pat couldn’t contain his excitement for the forthcoming 7/10 holiday—a date cherished by hash enthusiasts around the world. Often regarded as the headiest holiday on the cannabis calendar, 7/10 has become the pinnacle celebration for connoisseurs of hash. Pat personally favors 7/10 over the traditional April festivities, recognizing its growing significance within the cannabis community.
This year’s 7/10 holiday promises to be Mountain Man’s biggest celebration to date. The company has been steadily gaining more shelf space and expanding its presence across the state. Their willingness to put themselves out there, both through their exceptional products and personal interactions with potential customers, has played a significant role in their continued success. In an industry where traditional mainstream public relations channels are often unavailable to cannabis companies, personal interactions serve as critical touchpoints for establishing rapport and loyalty.
With the integration of AI, Mountain Man Melts has found an innovative way to captivate customers and push the boundaries of creativity within the cannabis industry. As they eagerly prepare for the 7/10 holiday, their dedication to producing the finest hash and engaging with their audience sets them apart, ensuring that Mountain Man remains at the forefront of this exciting and evolving industry.
It’s going down in Thailand’s cannabis scene and you can see plenty of California influence on the marketplace on their new, very open medical marijuana market.
Earlier this month I visited Thailand to check out what legal medical cannabis looks like six months in. It’s wild. There are now hundreds of dispensaries operating in Bangkok. In some cases, you’ll find a dispensary with a cannabis street cart operating across the street. As Thais wait to see what the final regulations look like, they are doing their best to take advantage of the moment. Currently, you don’t need a doctor’s recommendation to access cannabis.
And one of the best ways to take advantage of the moment? Proven practices. A number of the first-wave Thai cannabis business people are familiar with California and other American markets. As opposed to attempts to create their own retail theory, the Thais are leaning on the things that have worked in California for the last 25 years.
One of the funny things is, you’re kind of seeing every kind of dispensary at once. Those who are scared the law might change have a street cart or minimal indoor infrastructure because they are scared it might not last like those in California prior to 2008. The middle of the pack is nicer retail environments with minimal upgrades similar to those years early in The Obama Administration before the landlord letters from the Department of Justice. The final tier of Thai dispensaries is already all the way in. They have LED screens everywhere and primo retail space. As far as they’re concerned. cannabis is completely normalized.
A street cart with a dispensary directly behind it in Bangkok’s Japanese Village. – Photo: Jimi Devine
But the biggest link to California? Commercially viable cuttings. It was very difficult to find authentic Thai genetics. Thailand’s cannabis seemingly isn’t quite ready for full production when it comes to local genetics. We lucked out and had a Thai Stick and a local hybrid that was crossed with some California dessert weed at Phandee in Bangkok, but it was few and far between. The best cannabis we saw was grown by Dr. Dope in Bangkok. Their Double Dawg and Sensi Dawg were the two nicest things we saw grown in Thailand.
Ron Brandon, the founder of California brand Kingston Royal, emphasized it’s not just American genetics we’re seeing. He thinks the market is emulating stateside practices in every form possible.
“I think that genetics are obviously a huge thing. You can see that when you walk up to any of these trucks, you walk inside any one of these dispensaries, there’s just a bunch of genetics from American brands bred by American breeders,” Brandon told L.A. Weekly. “I think California is a culture in itself, whatever, it’s the epicenter as far as cannabis goes. So I mean, you’re going to see a huge influence from California in every single aspect. You see the mylar starting to transition out here in the stores as well. California did dispensaries bigger and better than anyone first, right? And you can see that they just took the California model.”
As for the thing that surprised him the most about the scene six-months into legalization?
“It feels just like back home, right?” Brandon replied. “For the most part, but then there’s the Thai way.”
Josh Schmidt is helping Cookies move into Asia. Schmidt and his Thai partners brought two groups together to form Cookies Asia Co. Schmidt has been visiting Thailand since 2005 and eventually married a Thai woman.
“In 2005, I traveled to Thailand with thoughts of taking a three-week break from cannabis, as laws were so strict. Fast forward to living in Thailand four years and having to consume cannabis in secret,” Schmidt told L.A. Weekly. “I grew plants on my balcony and at my in-laws’ in the Northeast and was worried daily someone might find out and cause problems. I used to go to a Reggae Bar on Khao San and get bags of pressed Lao brick to hold me over. I dreamt of days like today in Thailand, as good cannabis was the one thing I was missing from my daily routine.”
Schmidt went on to point to Thailand’s rich underground culture pushing the plant along since those days.
“Similarly to USA, we are seeing a convergence of underground and new players and it’s creating a fresh, vibrant scene very few have experienced before,” Schmidt said.
Schmidt reminds everyone to play it cool when they visit.
“Being a Californian in Thailand we have to remember that Thailand is still only legal for medical use and we shouldn’t exploit the laws or push any boundaries,” he said. “We have to respect the law in Thailand and learn about “Thainess.” With a uniquely rich history, Thailand is very different from California (or the West for that matter) and we always need to remember where we are and what the Thais have done to keep their heritage and traditions uniquely “Thai.” I have been blessed to be a part of Thailand’s growing cannabis community and am excited for what is to come over the next years!”
We’ll keep an eye on the developing market in Thailand and its impact on the wider cannabis conversation in Asia.