SUN+EARTH CERTIFICATION PROGRAM EXPANDS TO CANADA As cannabis goes international, so will the standards we use to determine its quality like the Sun+Earth certifications that just recently entered the Canadian market. Sun+Earth is a nonprofit that was created in 2019. The space has seen many for-profit certification programs get pushed in the wake of not…
SUN+EARTH CERTIFICATION PROGRAM EXPANDS TO CANADA
As cannabis goes international, so will the standards we use to determine its quality like the Sun+Earth certifications that just recently entered the Canadian market.
Sun+Earth is a nonprofit that was created in 2019. The space has seen many for-profit certification programs get pushed in the wake of not being able to actually call your cannabis organic. Why Not? Schedule I narcotics are not eligible for the National Organic Program by the U.S. Department of Agriculture. States also have started pushing their own organic programs like OCal here in California.
While many of those other programs have fallen off, Sun+Earth grew to California, Michigan, Oregon and Washington before this new move into British Columbia with Sea Dog Farm. They note the program was founded by those with a shared commitment to regenerative organic agriculture, farmer and farmworker protections, and community engagement. Currently, there are more than 70 Sun+Earth Certified cannabis farms and manufacturers.
“We chose to pursue Sun+Earth certification because we believe it is essential to use both organic and regenerative practices in our stewardship of the land, and while we grow for our community,” said Sea Dog Farm co-owner Katy Connelly. “The Sun+Earth seal will help our customers identify products that were grown using methods that help to sequester carbon and build healthy soil and don’t use fossil fuels or petroleum-based chemical fertilizers,” continued Connelly. “As more consumers become aware of the devastating impact indoor cannabis has on our planet, we hope they will choose ethical and sustainable products.”
The cannabis that has made it through the program is free of any toxic pesticides or chemical fertilizers. They note the standards of the program are more rigorous than what you would find in the USDA program or Canada. But it’s not just about clean weed by any means. The cannabis certified also must be sun-grown and cultivated on farms that strengthen habitats and build living soil. Sun+Earth argues the high bar for their standards encourages positive things like the planting of cannabis alongside food crops, and the strategic use of cover crops, composting, and reduced soil tillage.
While cannabis is legal in Canada for adult use, it is yet to be allowed inclusion in the country’s organic food program. This opened up this move for Sun+Roots.
“Sun+Earth strives to certify farms wherever cannabis can be grown under the sun, in the earth, and without toxic chemical inputs,” said Sun+Earth Certified director Andrew Black. “Sea Dog Farm is the first Sun+Earth Certified cannabis farm in Canada, but hopefully not the last,” continued Black. “Sun+Earth aims to point the cannabis industry—across borders—in a cleaner, healthier, and more ethical direction, and provide needed support for struggling small-scale farmers in our regenerative organic community.”
The certification is expected to give Sea Dog Farms an edge, as it’s finally allowed access to retail storefronts to sell its products. Up until last year, permitted cannabis cultivation operations in British Columbia were banned from selling their products directly to retailers. Last summer, the BC Liquor Distribution Branch which regulates the distribution and sale of cannabis for the province started its new Direct Delivery Program, allowing small growers to sell directly to independently licensed retail outlets.
A new survey from Wired Research suggests most American adults will be including cannabis in their Valentine’s Day plans.
According to the survey, 61% of American adults plan on using cannabis or gifting it to someone this Valentine’s Day. The survey was commissioned by Verano Holdings to see how consumers would treat cannabis around the holiday as it continues to get further normalized nationally.
Another fascinating takeaway is the number of Americans that will skip booze this holiday season and opt for cannabis. Wired Research put the number at about 19 million. If just half those people bought a top-shelf eighth for the holiday, you’re talking about $60 million dollars in revenue before you even add the taxes.
While it was close, men were a little bit more likely to include cannabis in their Valentine’s Day plans (66%) than women (57%). This gap is actually closer than the gap between men and women admitting to use in wider society. In 2016, Columbia University Professor Deborah Hasin noted the rates at which men and women used cannabis had held steady for a long time at 13% of men and 7% of women through the mid 2000s. But in 2007, experts started to see a shift that would see the rate at which men were using rise another 4% while women’s use rates would rise 3%.
Younger folks were a lot more down with adding cannabis to their holiday plans than seniors were, with 70% of Gen Z and Millennials surveyed saying cannabis very well could end up a part of their holiday plans. But even then, the seniors weren’t that far behind. While the survey was just under 1,000 people, the idea that more than half of the two oldest categories said they’d be including it in their plans was pretty wild. That is probably the number it would be fascinating to see scaled up into a bigger survey the most.
Another big factor that will separate use rates this holiday? Kids. Parents were found to be more likely to partake in cannabis on the holiday than their childless peers. The survey found 69% of people with kids planned on making cannabis part of the fun, while only 57% of those without offspring said they’d be partaking.
As opposed to just another part of the evening’s fun, many argued they were using it as a tool to inspire romance.
“The data from the survey show that Americans use cannabis to relax or improve their mood, which can help people be present and more connected, which is crucial to a better love life,” said Dr. Shannon Chavez, a Beverly Hills psychologist and sex therapist. “Valentine’s Day is a great opportunity for couples to try something new together and try a more dynamic and less formulaic approach to intimacy, which cannabis can help inspire.”
Americans are starting to come around on the idea. One in four surveyed believed cannabis would help get them in the mood. While separately, one in four surveyed said they expected to perform better sexually with the help of cannabis.
In one of the season’s most unexpected 4/20 collaborations, Puffco and AriZona Beverages are dropping an ice-tea homage edition of the Cupsy.
We have to admit the kings of digital dabs are dropping a collaboration with the 99-cent beverages of my childhood that were not on my bingo card for the holiday season, but we’re ready to party.
“Puffco has long admired AriZona’s unwavering quest to bring affordable, great-tasting beverages to the masses, and we see a lot of synergy in the way we develop our products to celebrate the beautiful flavors of the cannabis plant,” said Roger Volodarsky, CEO and founder of Puffco. “This creative effort is all about marrying our innovative design with AriZona’s iconic cherry blossom print to offer another pathway for people to enjoy a cannabis experience that emphasizes taste.”
The Cupsy is a highly effective stealth smoking apparatus The original looks like a standard coffee cup, so you can just leave it in your cup holder and take bong loads at work all day without anyone looking in and seeing anything sketchy. Not that bongs are sketchy, but there are some square bears in our midst!
Puffco describes the Cupsy as a revolutionary design that pairs an unassuming everyday object with a high-performance cannabis bubbler system. A fair take. While I’m more of a glass tube guy, the Cupsy certainly was a ripper when I took it for a test drive after the original dropped roughly a year ago.
The AriZona Edition of the Cupsy is a lot more vibrant than its stock predecessor. That being said, at first glance, it’s still going to be pretty tricky. It’s got those vibrant pastel colors that make you think of Easter, if you’re not too busy thinking of ice tea. Generally, it’s a refreshing color palette compared to most of the space. The clear glass cup with the iconic AriZona logo on it also is a nice switch from the stainless steel wrapped in plastic in the original. The glass will still be a breeze to clean.
“Everything we do is built on taste. From our label design, to creating great quality products. At AriZona, our customers are our single biggest inspiration,” explains Spencer Vultaggio, chief marketing officer at AriZona Beverages. “Our mission is to bring customers a memorable experience: from ingredients, to unique merch. Puffco is another Brooklyn-born company that is deeply passionate about pushing the boundaries of design, flavor and accessibility, and that’s why we are excited to bring this collaboration to fruition.”
Adding to the fun? This is a true collector’s edition item. Puffco will only be producing 420 of these collaborations in honor of the holiday. It’ll likely be a must-grab item for the real cannabis accessory enthusiasts given how out of left field the collab feels like when you first read about it.
There also is an argument to be made about just how functional the Cupsy design is. There are not a lot of options that short that offer the same quality of percolation. While we’d love to see the bowl grow a little in the next rendition, the Cupsy is firmly planted on our stealth smokers list.
Puffco did this drop to coincide with the 4/20 holiday season, but they also drop new gear year-round. We recently featured the new Wizard attachment for the Proxy on our 4/20 list. It’s one of the best examples of what’s possible at the production scale with the modular system of the Proxy.
I wouldn’t be surprised if these end up selling out in just a day. Puffco SMS users will get a half-hour head start over the nonbelievers at 9 a.m., on 4/20.
Since we first sat down with Masonic Smoker back in early 2021, he’s continued his rise on the genetics scene, locals might argue one of their favorite Masonic impacts on the community in those two years is Free Seed Day.
Now one of the most significant events on the calendar for Angelino cultivators, the event initially got its start as an homage to Free Comic Book Day. Before the pandemic, Masonic had been participating in Free Comic Book Day for a decade.
“I was hanging out at my store and then Free Comic Book Day is usually on the first Saturday of May, but because of COVID they kind of messed it up,” Masonic told L.A. Weekly. As he sat in his shop dealing with the FOMO of missing out on the rescheduled festivities, the idea popped into his head. “So it all kind of came to fruition there when I was doing FOMO on previous comic book days, I made my own Free Seed Day, and here we are.”
Masonic went a bit more into the development process for that first incarnation of Free Seed Day. He noted he is generally pretty off the cuff. When he saw a solid response to the feelers he was putting out there about the idea he knew he was on to something.
“Then I also went out of my way to shamelessly ask some of the bigger names in the seed industry to chip in on the day, and as soon as Exotic Mike said he was down with it, everyone else kind of followed suit,” Masonic told L.A. Weekly.
When asked if getting the big name early helped set the course, Masonic said at the moment it helped a lot. But people were also receptive to his argument people would be helping themselves, breeders, and the community all at once.
Masonic Smoker (right) with his podcast cohost Comedy Store regular Frank Castillo at The Ego Clash Barcelona last month.
The turnout for year one was solid. Masonic estimates it was between 300 to 400 people, but he notes it’s kind of hard to remember the first one because the second was huge. More than doubling in size, Masonic estimates Free Seed Day 2022 saw 800 to 1,000 people participate.
With the exponential growth rate, we asked Masonic how many bodies he can realistically move through the shop during the festivities. He plans on having 1,000 bags ready to go. He estimates the value of those bags to be between $300 to $500 each. But don’t worry if you are person No. 1,001.
“There are probably five breeders hanging around at any given time. So if there’s an overspill of more than those 1,000 that I didn’t keep in mind, well, we don’t necessarily have like a whole bag for them, but there are free seeds there for you. And there’s a bag that we can put them in,” Masonic said with a laugh.
Free Seed Day 2021
While Masonic is trying to avoid having people line up too early this year, he understands the enthusiasm. The early bags for those who waited the longest will undoubtedly have some gems in them. Regardless, there will be plenty of love to go around even if you can’t do the whole urban camping experience.
“The reason for Free Comic Book Day is to kind of breathe a breath of fresh air into whatever storefront that they have, right? So in this case, the comic books that are for free are the seeds from Exotic and Bloom. The way that we pay for them in our case is like we go out of our way for like two weeks and we divvy them up. And we have the storefront to actually facilitate a free seed day,” Masonic noted, hoping folks might grab a T-shirt while they’re at the shop. He’s got something for all tax brackets.
California’s quarterly cannabis tax revenue dipped $95 million from Q4 2021 compared to Q4 2022.
On Wednesday, The California Department of Tax and Fee Administration (CDTFA) reported cannabis revenue today for the fourth quarter of 2022 totaling $221.6 million; these numbers are always adjusted when the next quarter comes out. So we’ll have the final number in a few months, but regardless, the $108 million in excise tax collected and $113.6 million in sales tax revenue from cannabis businesses will be a monster dip from 2021.
When the final numbers for the last quarter of 2021 were released in 2022, the number climbed from $308 million to $316.59 million. That figure includes $160.64 million in excise tax, $39.99 million in cultivation tax, and $115.96 million in sales tax.
The $95 million in lost taxes represents a 30% dip in cannabis revenue for Q4 2022 compared to the same quarter a year prior. This revenue loss also is up from the $82 million loss in comparison of Q3 2021 to Q3 2022.
The quarter-to-quarter dip wasn’t as bad, but still pretty brutal. The numbers for Q3 2022 were revised to $251.3 million. This represents a $30 million dip in Q4. The revenue dip from Q4 2021 compared to Q3 2021 was $25 million. The dip in revenue this year was roughly 20% larger than in 2022.
Some would be quick to point to a halt in the cultivation tax for the loss, but lawmakers only expected to lose $150 million on that over three years. Sure they lowballed it, but there have to be other places the tax dip is coming from too.
We asked Kyle Greenhalgh of Heritage Mendocino if he felt like the dip in taxes was from brands going under.
“I think in general, people got broke in California and weren’t spending as much in the stores as they used to,” Greenhalgh told L.A. Weekly, “I know we still see the same amount of door swings, but a quarter of the spending of what it used to be. People were buying their needs, not their wants. So I think a bunch of dispensaries went to a value-driven model, but I see spending and higher quality bouncing back.”
Greenhalgh watched the shop’s average spend go from $100 to $20 really fast. He thinks people had to choose from buying gas at the gas station, or cannabis, and gas to get to work won that battle.
“This in turn made it very hard for most big corporations and brands to make a profit, and the exit started to happen. I’m seeing a lot of success and movement now for more of the smaller and craft brands though,” Greenhalgh noted.
“Overall, the dip in licensed cannabis tax revenues appears to be driven mostly by a small reduction of sales tax compared to the big hits to excise tax and the removal of the cultivation tax last year,” Katz told L.A. Weekly.
He notes the tax dip spread across the supply chain and unfortunately did not provide the level of direct relief for which cultivators had hoped for.
“Big picture I’d say that reduced sales are still primarily due to the high taxes levied on licensed products,” Katz argued. “As inflation has forced people to spend more and more on even the most basic of necessities, it becomes harder and harder for them to justify spending two or three times as much for licensed cannabis products. At the same time, there’s a significant amount of unregulated and untaxed cannabis retail throughout the state, offering product that looks ‘legal’ but costs a fraction of the price.”
Katz closed by noting, as long as the taxes remain high, most consumers who have less money in their pockets will be incentivized by their bottom lines to shop outside of the licensed market.
With annual surpluses coming to an end in 2022, the state will look to figure out how to replace that $95 Million.
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.
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.