2023 WAVE OF CANNABIS BILLS FILED IN SACRAMENTO Numerous cannabis-related bills were filed in Sacramento this week. There is still a lot of work to do to fix California’s cannabis industry as many hold on by a thread. That work is reflected in the annual wave of cannabis bills we see this time of year….
2023 WAVE OF CANNABIS BILLS FILED IN SACRAMENTO
Numerous cannabis-related bills were filed in Sacramento this week.
There is still a lot of work to do to fix California’s cannabis industry as many hold on by a thread. That work is reflected in the annual wave of cannabis bills we see this time of year. 2023 will be no exception, as lawmakers look to cover everything from the expansion of the regulatory task force to where to put the tags on your plants.
Here are many of the bills we saw filed this week. There are a few more we’ll dive deeper into next week.
The main purpose of this bill is to expand the state’s cannabis task force. Currently, there is not a seat at the table for either the Civil Rights Department within the Business, Consumer Services, and Housing Agency or the Department of Industrial Relations within the Labor and Workforce Development Agency. These are essentially worker protection agencies that enforce civil rights laws when it comes to employment and housing access or push for a better quality of life and working conditions for the state’s labor force. The task force already includes The Department of Cannabis Control, CDTFA, the Department of Fish and Wildlife, the water board, CHP, The Labor and Workforce Development Agency, and the Department of Justice. It would also include representatives from municipalities that opt into the task force.
This bill would change the technical wording on how the mandated unique identifier can be attached to plants. The current language requires the tags to be attached at the base of the plant. This would make it easier for any going big. Some of the largest outdoor plants have literal tree trunks you have to saw; it’s better for the plant to attach it to one of those stems shooting off the side. So again, they’re just changing a few words around, but it makes sense.
This bill is dedicated to anyone who has ever had to call someone five times over an invoice. It’s meant to empower the legislator to set maximum terms by which someone can sell cannabis on credit, create penalties and a course of action for the failure to pay invoices on time, and empower the DCC with the powers needed to ensure timely payments throughout the supply chain.
This bill would crack down on people attempting to falsely represent cannabis products as licensed. Specifically, it emphasizes, the use of the cannabis universal symbol to push unlicensed products could cost you up to $30,000. While using the symbol was noted given how prolific it’s been on unlicensed cannabis packaging, any claim or representation of a product as licensed cannabis that’s not could land you in hot water. The good news? If you have a permit, you’ll only be charged $5,000 for pretending something was legit, meaning there is an argument to go legal just for the sake of discounted fines.
This bill on the surface seems pretty straightforward in blocking appointees from the governor from taking part in the industry but, in fact, could possibly hinder the efforts to save California cannabis. Prop 64 prevents the DCC director and members of the Cannabis Control Appeals Panel from engaging in certain cannabis activities. The effort to add appointees to the list could prevent actual experts that have been successful in California’s industry from coming in and helping to fix things. Would you want someone that knows how to run a thousand lights trying to help save the day or a random political appointee in compliance with AB-1111?
This bill would have the DCC reevaluate packaging regulations based on evolving science. The DCC would have to determine by July of 2025 if the current standards are still up to the task. As of January 2030, they’d have to reevaluate any changes to determine if any new concerns based on science need to also be added to packaging. The bill would also require the DCC to form an advisory committee dedicated to this subject of evolving label accuracy in the years to come.
Filed earlier this week, AB 741 would prohibit the California FAIR Plan Association from refusing to issue, canceling, or refusing to renew coverage over an applicant or policyholder possessing or previously possessed a legal amount of cannabis. Regardless of whether it was flowers, hash, or living cannabis plants, or because the applicant or policyholder had ever had a commercial cannabis licensee.
Keep an eye out for more coverage of cannabis bills coming out of Sacramento this year.
The Canary Islands continue to make their mark on the cannabis industry with the volcanic island chain now home to hundreds of dispensaries.
One of the fastest-growing cannabis contests on the planet also calls the islands home.
Tenerife, where we spent our adventure, popped a lot more than our last visit. It seemed like the social clubs were starting to permeate more into the tourist-heavy parts of the area. Weed Island was the best view we’ve ever seen somewhere you can buy weed. As you sit down to rollup on the balcony at the shop, you are greeted by a stunning seascape.
Canary Champions Cup Flower Entries
Canary Social Club Culture
All the clubs come in various formats. They range from nightclub-style venues that can hold hundreds of people to more traditional Dutch-style coffee shops. These facilities continue to get nicer and nicer. This is because of how safe people feel spending cash to make their shop look nice. One club owner told me they spent six figures over the last few months ahead of its Grand Opening on 4/20.
California shops are currently facing some of their darkest days ever, Tenerife is another story. One club owner told us he’d never heard of a social club closing down because sales were bad. You’d think Tenerife might be hitting capacity for how many clubs the ecosystem can support, but each one we walked into was packed. Part of the reason for everyone’s success is the fact these tourists need somewhere to burn.
A rosin pressing demo at one of the after parties.
Why do they need somewhere to smoke? Because the rules on the island are so strict about cannabis possession and consumption. It’s technically against the law to bring it with you outside of the club and the police are hardcore. I was out raging with some locals last week and walking behind a bar on the boardwalk on one of the island’s popular beaches last week when five cops rolled on me. It was the most intense search I’ve experienced since I came back from Canada in ‘08 and declared my bong at the Vermont border. They went through my pockets and backpack, asking me questions. As they talked to me, they opened every bag I had in my backpack and asked me why I had a bunch of empties. I told them souvenirs. Eventually, they pulled out one of the TrapLoc bags I had with Grove Bags; once they saw my picture on the bag, there was a shocking attitude change from the cops. They thanked me for smoking all my cannabis inside clubs and not taking it outside.
And boy, did I. I smoked a ton of cannabis as I celebrated my first 4/20 there. The whole thing is an extra joke since the date starts with days in Europe and reads 20/4/2023. But everyone was certainly willing to pretend that 4/20 was a thing there.
Judging Flower at The Canary Champions Cup
One of my main responsibilities for the week was judging flowers at the sophomore installment of The Canary Islands Champions Cup. There ended up being over 50 samples of flower across the indoor and outdoor categories. The top flower in the contest mostly stood well above the competition. Big Bang Creations took third prize in indoor with Monkey Berries. RTZ was the first runner-up with Zowah. Fresh Farm’s topped the podium with their White Gold.
The Hash is Awesome
Finally, it’s really important to note how advanced the hash culture on the island,. There is a solid argument to be made that the quality of the concentrates there are better than what you’ll see in most U.S. states for sure. Hash culture has always been a thing there given it’s proximity to Morrocco, but the latest tech has made its way to the island with avengance. Hanami Gardens, who won the cup, could hold his own against any hash makers in the world without a doubt. His rosin was explosive terps when you open the jar and he even chopped up some piatella, U.S. headie boys favorite new solventless trend!
We’ll have more coverage from my travels in the weeks ahead.
WILL GRINER’S CONFINEMENT INSPIRE REFLECTIONS AT HOME?
Brittney Griner returned home to the U.S. last Friday, ending one of the greatest incidents in cannabis and geopolitics of all time.
Many have been quick to point out various reasons Griner’s ordeal lasted 10 months. The condition of U.S. relations with Russia in the wake of the war in Ukraine obviously tops the list for many as western munitions continue to push Kyiv’s control further and further into Eastern Ukraine.
The anti-Griner takes for the most part have been poorly articulated. The idea of a professional athlete using CBD is far from new, it’s just the Russian part that made it complicated. And now, as she begins to enjoy her first week of freedom with her family in nearly a year, she’s forced to endure the news cycle debating if she was worth it. And finally, it’s not like she made the deal herself.
And in correctional facilities across America, nonviolent cannabis offenders are watching the news cycle baffled. How could America give an arms dealer up for an Olympic champion, yet there they sit? Why has the normalization of cannabis forgotten them?
The National Organization for The Reform of Marijuana Laws hopes Griner’s release will cause some soul-searching back here at home. Erik Altieri, NORML executive director, called Griner’s imprisonment a grotesque affront to the concept of justice. He also noted it has served as an unfortunate reminder of how draconic marijuana laws remain around the globe.
“However, it should also cause a serious level of reflection amongst our lawmakers considering that a large number of states still inflict similar penalties for marijuana possession on our own soil, and the current federal policy of marijuana prohibition isn’t notably different than the stance held by Putin’s regime in Russia,” Altieri said. “Brittney Griner very much deserved to be released and brought home, but our elected officials in the United States must use this as motivation to bring our domestic marijuana policies in line with our nation’s stated principles of liberty and justice.”
Women Grow, which has worked to inspire female leadership in the cannabis industry since 2014, echoed NORML’s take.
“Women Grow is extremely happy to hear that Brittney Griner is being returned home and is grateful to our government for working on her behalf. This is an extraordinary gift for her family, loved ones, community, and fans,” said Gia Morón, Women Grow president. “In addition, her case has greatly amplified the plight of those imprisoned on cannabis-related charges and the need for cannabis legalization on a global scale. We also hope this continues the forward movement toward freeing all those incarcerated for cannabis worldwide.”
As they did during her confinement, numerous athletes came out in support of Griner as her release was made public. Among those wishing Griner well was cannabis entrepreneur Ricky Williams.
“I was so happy to hear about Brittney Griner’s release today. The greater the change we can create in the U.S. because of her imprisonment, the greater meaning it will give to her incarceration,” Williams said. “It’s time to apply pressure on our government to start expediting domestic reform. There are still tens of thousands of people unjustly detained for cannabis in the US.”
We’ll follow any updates on what the future holds for cannabis offenders here at home.
Rebranding, whether it applies to products or individuals, poses a significant challenge within the cannabis industry.
As the California cannabis sector gradually emerges from the turmoil of recent years, those who contributed to its struggles seek to join the soon-thriving market. They endeavor to conceal their involvement in the previous failures.
The detrimental effects of rebranding permeate every aspect of the marketplace, extending beyond the legal domain.
The Ambition of the Shady Players in the Recreational Market
Individuals who exploited the industry until now, leaving behind the chaos we find ourselves in, are observing the end of the dark times as bulk prices creep up. They are now witnessing the resurgence of value as the post-pandemic price crash subsides. Who would have predicted that the cannabis industry, only three years later, would find itself in such a predicament after experiencing its most prosperous sales period? However, sales eventually began to decline, and numbers were down for years until we started our recent climb out of the hole.
But back then, prices continued to plummet, with a market oversupply devastating pound prices. If a product made it to the shelves, one prayed that the dispensary could afford to pay the distributor. You would assume that partnering with major distributors would secure access to the most shelves—a safe bet, right? Nevertheless, we recently witnessed the demise of Herbl, causing a considerable loss of livelihoods. As the company was on the brink of collapse, more aware brands swiftly switched distributors, demanding payment for their products directly from retailers. Unfortunately, it seems that the rest are left empty-handed for now.
I spoke with an entrepreneur who faced the perfect storm caused by the collapse of Herbl. First, he claimed that he was charged an additional $30,000 due to discounts on products that were initially paid on delivery with cash. Furthermore, one of his tenants lost everything in the collapse and hasn’t paid rent for two months, struggling to stay afloat. Lastly, the entrepreneur is unable to obtain the products he needs for his shelves until new distributors pick them up or he figures out how to handle distribution himself. Both options are time-consuming.
It is disheartening to consider that those responsible for inflicting these hardships on so many people may evade accountability. While retailers bear some responsibility for not settling their debts, should we allow those who perpetuated an unsustainable system, which lacks bailouts like the banking industry, to absolve themselves of the sweat, money, and time lost in this ordeal?
Certainly, the blame does not lie with the young individuals manning the booths or attempting to sell the products. They had no say in how far the company would stretch itself before the disaster that unfolded this week. Perhaps only a few individuals bear true responsibility. Understanding each person’s role in that current cannabis tragedy is crucial.
Although Herbl stands out as a recent catastrophe, numerous other companies also mistreated people. Some caused harm inadvertently, while others acted out of misplaced self-belief. However, the most egregious offenders are schemers who are eager to reenter the market, while the other two likely bear some trauma from their actions. We must not allow them to return solely to line their pockets and inflict further damage.
However, the issue extends beyond distributors.
Questionable Retail Operators Sold Shelf Space to Busters
These individuals are the ones who secured shelf space at corporate dispensaries, thereby overshadowing small, high-quality businesses through the payment of slotting fees. It is possible that they initiated the concept of slotting fees completely eroded the notion of customers obtaining the best value for their money from location to location. Many of those who managed to secure such positions were unscrupulous individuals with extensive networks of like-minded opportunists. It was an arduous and lengthy process for smaller retailers to establish themselves, unless they held significant influence or connections.
These people who undermined the initial wave of corporate shops are desperate to regain entry before interstate markets open up. They recognize this as their next prime opportunity to latch onto someone else’s value. We must not permit the worst offenders to jeopardize the national rollout.
City councils played a role in enabling these unscrupulous individuals to thrive while everyone else suffered, lining their own pockets. Consider the immense financial losses incurred by L.A. Equity Program applicants over the years, following the rules set by a city council that was only revealed to be racist through a secret recording. Politicians throughout the state have also contributed to the headaches faced by the cannabis industry. As the market stabilizes and normalizes, it is crucial that these individuals are held accountable indefinitely and prevented from rebranding. Once we forget that they were never on our side to begin with, we may inadvertently allow them to alter the rules.
As for the underground market, the rebranding problem is mostly just people renaming weed. It’s still shady, but less devastating.
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.
Over the last two years, L.A. Weekly has had a front-row seat to the rise of Zalympix.
For the uninitiated, the Zalympix is the biggest contest in the world when it comes to recreational boutique pot. The few and far between that can actually hold up with the quality of the streets. It’s hosted by Greenwolf, one of L.A.’s most famous places to buy great pot. L.A. Weekly recently took part in the process to whittle down the 109 entries to 27, for this year’s California edition.
We caught up with Greenwolf’s founders Brian and Adam to get their take on the Zalympix rocket now going national with East Coast and Michigan editions currently taking place. We started our chat by asking the pair what it had been like watching their event grow to three time zones since kicking things off in early 2021.
“It’s awesome. I mean, it’s really cool. I just feel like down to everyone involved, the cup runneth over with benefits for everyone. And it’s just really cool to see,” Brian told L.A. Weekly. He very much appreciates how taken seriously the Zalympix are in different places. Especially in Michigan, there is a lot of fire out there they hope to highlight through the competition.
“It’s just humbling to talk to some of these, you know, top-tier people in the space and have them say this competition is the pinnacle. This is the one that really stands out amongst the others these days,” Adam added.
From the outsider’s perspective, it all seemed pretty rapid for sure. Basically, as soon as the first boxes went out in 2021, people were believers. The quality of entries made it easy, as the top-shelf entries in the box mirrored the quality Greenwolf’s shelves has been famous for.
We asked the pair when they knew they were really on to something with the event as a whole. Adam and Brian debated when they first got the vibes about Zalympix possibly taking off the way it has. While the initial gut feelings are debatable, when 4,000 people showed up last year to celebrate, they knew things were looking up for the future.
This was also the first time they were ever worried. They’re not party guys per se. They wanted to ensure everything checking in that number of people went smoothly. Adam was standing out front himself grabbing VIPs and handing them wristbands.
That evening saw Zalympix go from 700 people at the inaugural awards show to 4,000. The Zalympix between the two events featured a digital awards show due to a COVID spike in L.A. But the jump in attendance raises the obvious speculation of just how big the event can go? The likely answer is pretty huge. It’s not unreasonable to think 20,000 people will be attending in the not-too-distant future. One lesson from last time is, they plan to have more delivery
Right now they are looking to lock down where they will host the Zalympix growing footprint for the upcoming awards show. Some of the possibilities they are tossing around right now could see them hosting up to 6,000 people. One thing they’re sure about is, they want to start the party a lot earlier, so vendors have more time before the 10 p.m. curfew on legal sales.
While expectations are high for the next California edition, many in the cannabis community are excited to see Zalympix branching out from California. The two had initially pondered the idea, but when their Michigan partners at Exotic Matter hit them up, it was on. Everyone believes bringing the Zalympix to Michigan will benefit the state’s best cultivators.
Adam said it’s been great working with their Michigan partners. They’re getting ready to celebrate the winners of Michigan’s second edition on April 14.
“We know they’ve had a long medical time frame there. When we got there last year, we just were shocked at how amazing the quality of the product was out there,” Adam said.
We asked the pair how the flower in places like Michigan and the East Coast stacks up with the competition back home in Los Angeles?
“I’d say, there’s a lot of good stuff in a lot of places. A lot of people are doing things out there. Especially in Michigan, they’ve always been,” Brian said. “I think it’s the second closest in terms of like, Cali quality. There are real breeders out there. They’re really doing their thing out there and they have been, so for me, it shows.”
As for the differences between the trio of Zalympix contests now happening around the country, the main thing is scale. Michigan is the smallest of the three — they have to keep things a bit more low-key and were not able to have vending at the event. Nevertheless, the vibes carried the show. Many called it one of the best events Michigan’s legal market has seen, noting it’s one of the few times all of the state’s hitters have been inside the same room. They’re hoping to push the bar further next year and be the first event in Detroit to do compliant sales.
Detroit has been a trouble spot for Michigan’s cannabis industry, and with things opening up, it looks like the time is ripe to bring things a bit closer to the population center. Back in the day, events occurred well outside of the city.
“It’s similar to being in an Adelanto or a San Bernardino. You know, they weren’t here,” Adam explained. ”They were quite the drive from like the city, and so we knew our whole goal was, as with the L.A. Zalympix to keep it in LA, in Michigan, do it in Detroit, not be an hour and a half away from town. And then same with New York, we looked at doing other spots, but you know, we just think it’s imperative to be in Manhattan.”
New York is looking dope. It’s a little different for the Greenwolf team not being there, but they’re thrilled with the lineup for the festivities on April 19. A big contingent of California’s best cannabis minds is heading east to NYC for the holiday anyway, so the timing worked out perfectly for the Greenwolf team. They’re expecting somewhere between 2,500-3,000 people for the show. Brian noted they’re going pretty hard for the next couple of weeks.
What’s the difference between the contest entries? It varies. Last year there was so much Runtz in the Michigan Zalympix, it was no Runtz allowed this year. Brian found that interesting.
“I’d say there is a lot of Z everywhere but also like more on the East Coast you see more candy, gassy stuff. I definitely know OG over there, and some OG over here (in the entries). But you know a lot surprised me. There were a lot of Exotic Genetix entries and I noticed there were some different breeders with different gear,” Brian said about the entries.
One thing that’s interesting about Zalympix’s expansion is watching its perceived value from place to place. Obviously, it’s huge here in California. But it seems like a lot of the time it’s reaffirmed many people’s takes on names like Blueprint, Deo, Zushi, and Wizard Trees. In New York, there is this different kind of quest for brands trying to catch lightning in a bottle out the gate with a win.
And boy are they. Sixty-seven brands came out in an attempt to qualify for the finals in NYC. They were narrowed down to 20. The qualifying idea in New York inspired the team to bring it back to California. The Greenwolf team selected 25 tastemakers to pick out the finalists.
“I think there’s going to be some very surprised winners in there. Some brands that you know, people may not have ever heard of, including ourselves,” Adam said.
Tickets for the New York Zalympix are still available.
The cannabis industry is currently in the midst of a massive crime wave.
In the nearly three years since thieves used the George Floyd protests as cover to kick off one of the most devastating crime waves the cannabis industry has ever seen, there have been many more. Cannabis businesses continue to be targeted.
There are various reasons contributing to these waves, but whether it’s the economy, the giant piles of money dispensaries are forced to hoard without bank accounts, or the product that’s easy to move as cannabis continues its national popularity surge, right now is batshit.
When I’m not writing for L.A. Weekly, I still work at a dispensary. We’ve been hit twice in the last two weeks. We are not alone. We’re hearing reports from San Francisco, Santa Rosa, Sacramento, Benicia and Iselton, and those are just the ones the word has gotten out on. More locally we’ve seen the city’s most prominent LGBT-owned dispensary Green Qween targeted multiple times. Cannabis companies are stuck with the catch-22 of wanting to make more noise about what they see as a lack of protection regardless of tax dollars but don’t want to wave their hands in the air basically saying, “come victimize me because I get no protection.”
And to make it even scarier for the industry, some of these groups are more reminiscent of militias than stick-up kids. Short-style AK-47s you can tuck into your pants have been seen at multiple locations.
These crews also are beginning to get very good at it. There are believed to be a few roaming the northern part of the state from security camera footage being used to match different groups together. Sometimes they’ve made trips south for weekend-long runs at fresh targets, but for the most part, the largest organized groups seem to frequent north of Salinas up to wine country and then east all the way to the Sierras.
The owner of The Delta Boyz dispensary in Isleton told us their facility has been hit five times and was among those targeted in the last two weeks. Things have gotten so hot in the small town located between Sacramento and the bay that he wanted to refrain from using his name for his family’s safety.
The crew pulling up.
He compared this recent crime to 2020, but noted there is a big difference.
“It’s just, it’s not as chaotic. The atmosphere outside is not as chaotic as it was then,” he told L.A. Weekly. “So this is just very organized, dialed in, calculated. It seems this is what they do now. And these crews have been doing it for so long, it seems like they’re getting better and better at it.”
One of the times The Delta Boys got hit it took about 45 seconds for them to take $200,000.
“My dumb ass had all my rosin in one big tote. But that’s how fast they are. They were in and out in 45 seconds,” they said. “Where else are you going to steal like that? You can’t steal from a bank like that. You can’t steal it from a liquor store. You can’t steal it from a warehouse. You got to liquidate any of those. Weed is basically liquid.”
The aftermath.
He further argued he can’t go and shoot somebody as if this was the black market.
“I have to respect the law because it’s my livelihood. This is everything I’ve ever invested all my money and time into. I can’t blast somebody. There are cameras everywhere. So it’s hard. And they know that. They know, they know we’re not. They know we’re soft targets. They know we can do shit. They know the cops aren’t coming. And it’s just routine now.”
He hopes the state will divert some of the funds it’s using against the black market to defend its legal one. He argues enforcement on black market producers has created a vacuum where they then need to sustain their demand by robbing others.