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California Governor Gavin Newsom Rejects Legislation to Decriminalize Psychedelic Substances

by Ryan Lee
10 comments
California Psychedelic Decriminalization Veto

Governor Gavin Newsom of California has turned down a proposed bill that would have decriminalized the possession and personal use of certain hallucinogenic substances, including psychedelic mushrooms.

The vetoed legislation, which was dismissed on Saturday, had intended to permit adults aged 21 and over to possess psilocybin, the active hallucinogenic ingredient in psychedelic mushrooms. Additionally, the bill included provisions for decriminalizing other substances such as dimethyltryptamine (DMT) and mescaline.

While the proposal did not seek to legalize the commercial sale of these hallucinogens, it aimed to prevent the arrest and prosecution of individuals in possession of small quantities of these plant-based substances. The bill explicitly excluded possession of these substances on educational premises.

Governor Newsom, a Democrat who had previously advocated for the legalization of cannabis in 2016, released a statement on Saturday arguing that further groundwork is required before the state moves toward decriminalizing these specific hallucinogens.

According to the Governor’s statement, “The state of California should promptly commence work on formulating standardized treatment guidelines that include information on dosages, therapeutic protocols, safeguards against misuse during supervised sessions, and medical confirmation of the absence of preexisting mental disorders. Unfortunately, this bill sought to decriminalize possession before the establishment of such vital guidelines, and for that reason, I cannot endorse it.”

The vetoed legislation, set to go into effect in 2025 if passed, also called for the California Health and Human Services Agency to conduct research and recommend legislative measures related to the therapeutic applications of psychedelic substances.

It’s worth noting that even if the bill had become state law, these substances would still be classified as illegal under federal law.

Recent developments have suggested the potential of psychedelics as alternative treatments for various mental health conditions, including post-traumatic stress disorder. In 2019, the Federal Drug Administration designated psilocybin a “breakthrough therapy” for treatment-resistant depression and released draft guidelines on psychedelic clinical trials.

Public sentiment concerning the therapeutic use of psychedelics has evolved, moving away from associations primarily linked to the drug culture of the 1960s. Advocates for the legislation included military veterans who testified about the therapeutic benefits of using psychedelics to treat trauma and other mental health conditions.

Nevertheless, opponents argued that the medical benefits of these substances are still not fully understood and expressed concerns that decriminalization might lead to an uptick in criminal activity. However, recent research suggests that decriminalization does not necessarily result in increased crime rates. Parental organizations also expressed apprehensions that the legislation would facilitate easier access to these substances for minors.

The California Coalition for Psychedelic Safety and Education, which opposed the legislation, issued a statement on Saturday, acknowledging the Governor’s decision as a prudent one. The coalition emphasized the need for additional safety measures before decriminalization can occur.

State Senator Scott Wiener, the author of the bill, expressed his disappointment, describing the veto as a missed chance for California to embrace scientific evidence and pioneer nationwide change. He announced plans to introduce new legislation in the future.

While it has been many years since legislators have attempted to override a governor’s veto, the option remains available through a two-thirds vote.

Other states and cities have made moves toward decriminalizing psychedelic substances. In 2020, Oregon voters approved the decriminalization of small amounts of psychedelics and allowed for the supervised therapeutic use of psilocybin. Colorado voters followed suit in 2022. Within California, cities like Oakland, San Francisco, Santa Cruz, and Berkeley have already decriminalized natural psychedelics derived from plants and fungi.

Despite Governor Newsom’s decision, California voters may still have the opportunity to influence the state’s stance on psychedelic substances. Initiatives to broaden psychedelic use could appear on the November 2024 ballot, including one to legalize the sale and use of mushrooms for adults aged 21 and over and another to approve a $5 billion loan to establish a state research agency focused on psychedelic therapies.

Frequently Asked Questions (FAQs) about California Psychedelic Decriminalization Veto

What was the proposed California bill about?

The proposed bill aimed to decriminalize the possession and personal use of certain hallucinogenic substances, such as psychedelic mushrooms, for adults aged 21 and over. The bill also included other substances like dimethyltryptamine (DMT) and mescaline. It did not aim to legalize the sale of these substances but sought to prevent the arrest and prosecution for possessing small quantities.

Who vetoed the bill and why?

Governor Gavin Newsom of California vetoed the bill. In his statement, he mentioned that more foundational work needs to be done to establish regulated treatment guidelines, including dosing information and safeguards against misuse, before moving toward decriminalization.

Was the bill aiming to legalize the sale of psychedelic substances?

No, the bill did not aim to legalize the sale of psychedelic substances. It focused solely on decriminalizing the possession and personal use of certain quantities of these substances for adults aged 21 and above.

What would have been the effective date of the bill if it had passed?

The legislation was set to take effect in 2025.

What is the federal stance on these substances?

Even if the bill had become law in California, the substances covered would still remain illegal under federal law. The Federal Drug Administration has, however, designated psilocybin as a “breakthrough therapy” for treatment-resistant depression.

What is the public opinion on the therapeutic use of psychedelics?

Public sentiment has been shifting toward support for the therapeutic use of psychedelics. This change in perspective has moved away from their primary association with the 1960s drug culture.

Who were some of the supporters of the bill?

Supporters of the bill included military veterans who have testified about the therapeutic benefits of using psychedelics for treating trauma and other mental health conditions.

Were there any opponents to the bill?

Yes, opponents included organizations representing parents and the California Coalition for Psychedelic Safety and Education. They argued that the medical benefits are not fully understood and that the decriminalization might lead to an increase in criminal activity or easier access for minors.

What are some other states’ stances on psychedelic substances?

Oregon and Colorado have moved toward decriminalizing small amounts of psychedelics and have even approved supervised therapeutic use of psilocybin. In California, cities like Oakland, San Francisco, Santa Cruz, and Berkeley have decriminalized natural psychedelics.

Will there be future legislation or initiatives concerning this issue in California?

Yes, State Senator Scott Wiener, who authored the vetoed bill, plans to introduce new legislation in the future. Additionally, advocates are attempting to place initiatives to broaden psychedelic use on the November 2024 California ballot.

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10 comments

John D. October 8, 2023 - 4:11 am

So Newsom vetoes this, but he’s all for cannabis? What’s the deal here? Seems a bit contradictory if you ask me.

Reply
Alex G. October 8, 2023 - 6:02 am

Public opinion is shifting, but legislation takes forever to catch up. Classic.

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Samantha R. October 8, 2023 - 7:19 am

Very comprehensive article! However, I think it’s missing more on the federal vs. state conflict on this issue. You know, the elephant in the room.

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Raj Patel October 8, 2023 - 7:44 am

Whats the plan now? Vetoing seems like just pushing the problem down the road. Got to tackle it sometime.

Reply
Mike O'Brian October 8, 2023 - 2:21 pm

so we’re okay with alcohol and tobacco but not this? Last time i checked, those two kill a lot more ppl. Just sayin.

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Tina_W October 8, 2023 - 3:15 pm

I’m actually relieved. As a parent, I can’t help but worry about how this kinda stuff can be misused. There’s a lot we still don’t know.

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Diana T. October 8, 2023 - 5:15 pm

Article’s really well-written. Though I think the “opponents view” could’ve been fleshed out a bit more. Always good to have a balanced view.

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Laura_H October 8, 2023 - 7:40 pm

Interesting to see how far we’ve come from the 60s. Psychedelics for therapy? Who would’ve thought. But let’s be cautious too.

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Steve_McK October 8, 2023 - 8:00 pm

Wiener is just gonna try again, you can bet on it. Looks like the debate on this is far from over.

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Katie_S October 9, 2023 - 12:13 am

Really in-depth article. Got to give it to you, you covered all the bases, but maybe dive into the science a bit more? Would love to see more of that.

Reply

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