California was very close to decriminalizing psychedelics under SB519. The state has already legalized the sale of cannabis for non-medical purposes and should continue this trend of reducing penalties for other non-addictive drugs. The failure of Senate Bill 519 would have changed that by decriminalizing the possession, sharing and non-commercial exchange of certain psychedelics for people 21 and older. Magic mushrooms have been included in this bill. On Thursday, the attorney general approved the collection of signatures for a proposed initiative to decriminalize magic mushrooms for people 21 and older. Supporters are aiming for the 2022 election, but face the challenge of millions of dollars in fundraising, which are typically needed to collect enough signatures to be considered by voters. With that in mind, California is likely to decriminalize psychedelic drugs in the near future, though legalization could be one way. For example, cannabis has recently been legalized in the state, but there are severe restrictions for both seller and buyer. Proponents of the initiative are considering psilocybin, the psychoactive metabolite of magic mushrooms, sold in various stores. But the proposal`s website warns: “As a practical matter, some companies may not be willing to sell psilocybin because psilocybin would remain a Schedule I controlled substance under federal law.” The debate comes five years after California voters legalized cannabis and one year after Oregon voters legalized psychedelic mushrooms in a therapeutic setting and decriminalized possession of small amounts of all drugs. As part of a growing movement to fight the war on drugs, California law would mean that a psychedelic trip would not result in a trip to the police station. Harvesting magic mushrooms from the wild for personal use is currently illegal, but would be decriminalized if SB519 were passed.
However, some lawmakers say Wiener`s approach goes too far. Among the drugs he would legalize is ketamine, which law enforcement says is sometimes used to facilitate sexual assault. SECTION 1, title. This measure is known and can be called the California Psilocybin Initiative. Paragraph 2. Sections 11395.100 to 11395.260 are added to the Health and Safety Act as follows: § 11395.100 Objectives. The purpose of this law is to implement a comprehensive national system that authorizes and regulates the cultivation, processing and distribution of psilocybin mushrooms and the chemical compounds they contain for personal, medical, therapeutic, spiritual, religious and dietary use. The matters dealt with in this Act are of national interest. § 11395.110 Definitions. “Adult” means a person eighteen (18) years of age or older. “Endangering others” does not mean and does not include the lawful use, ingestion, possession and/or cultivation of psilocybin mushrooms in the same dwelling or in adjacent outbuildings and rooms or in a commercial building of any kind, unless additional conduct is demonstrated by clear and convincing evidence that such acts do constitute an imminent threat to human security.
in addition to simple lawful use, ingestion, possession or cultivation. “Excessive” means any request or fee that exceeds a normal, usual or reasonable requirement based on the expenses incurred or fees charged. “Weakened” with respect to the weakening of psilocybin mushrooms refers to a significant decrease in physical or mental abilities to the extent that a person cannot safely operate a motor vehicle. “Individual” means a natural person. “Interior” means inside a fully enclosed and secure structure that can only be entered through a locked door that requires a key or combination to open and is secured against unauthorized entry. `production` means the manufacture, cultivation, harvesting, manufacture, preparation, propagation, preparation, preparation, preparation, processing, processing or processing of a psilocybin-based mushroom product, either directly or indirectly by extraction from substances of natural origin, independently by chemical synthesis or by a combination of extraction and chemical synthesis, including any packaging or repackaging of the psilocybin product or any labelling; or Relabelling of its container. “minor” means a person under 18 years of age. “Outside” means any location that is not “inside” for purposes of this Agreement. “Psilocybin” means psilocybin ([3-[2-(dimethylamino)ethyl]-1H-indol-4-yl]dihydrogen phosphate), psilocin (3-[2-(dimethylamino)ethyl]-1H-indol-4-ol), baeocystin ([3-[2-(methylamino)ethyl]-1H-indol-4-yl]dihydrogen phosphate), norbaeocystine ([3-(2-aminoethyl)-1H-indol-4-yl]dihydrogen phosphate) and their isomers and analogues, whether obtained naturally or synthetically. “Psilocybin mushrooms” means mushrooms, truffles, sclerotia or mycelium containing psilocybin, or any of the above products in extracted form or spores that may produce psilocybin mushrooms, or products containing psilocybin, including, but not limited to, mushroom powders, microdosing capsules, macrodosed capsules, teas, tinctures, chocolate, beverages and edibles. “Psilocybin Mushroom Business” is a California-based, for-profit or non-profit organization or individual located in California that grows, manufactures, wholesales, or sells psilocybin mushrooms, and includes, but is not limited to, psilocybin mushroom manufacturers, psilocybin mushroom dealers, psilocybin mushroom retailers, analytical laboratories that test psilocybin mushrooms and psilocybin mushroom medical organizations.§ 11395.120 Psilocybin mushrooms.
The personal, medical, therapeutic, religious, spiritual and dietary use of psilocybin mushrooms by adults 21 years of age and older, including, but not limited to, cultivation, manufacture, processing, production of edibles and extracts (with or without solvents) of psilocybin mushrooms, distribution, transportation, possession, storage, Consumption, social consumption, local consumption, public events, farmers` markets and retail, whether for-profit or not-for-profit, are legal in this state and are a matter of national interest. § 11395.130 Personal protection. It is legal and not a violation of California law for an adult 21 years of age and older to: (a) use an unlimited amount of psilocybin mushrooms in their own home or on private property in a manner that does not endanger or violate this section; (b) possess an unlimited quantity of psilocybin mushrooms;(b) be under the influence of psilocybin mushrooms, except as provided in this Act and in clause (f) of section 647 of the Criminal Code; and (c) grow psilocybin mushrooms indoors or outdoors on private property to which access is restricted by fencing, if such cultivation is not visible from outside the property, and with the consent of the owner of that property.
