A bill that would decriminalize acid, mushrooms, and other so-called 'plant medicines' is pending in the California Assembly and has been referred to the Public Safety and Health committee, according to a cannabis and psychedelics attorney.
“What this bill seems to do is get us to the place of public opinion where most people are, which is that most people don't want to lock up drug users,” said Josiah Young, a drug defense attorney based in Sacramento. “This is a reconciling of actual public opinion at this time and making state law reflect the will of the people like accepting same-sex marriage or cannabis use.”
Senate Bill (SB) 519 would make it lawful, for Californians 21 years and over, to personally carry and use psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, mescaline, lysergic acid diethylamide (LSD), ketamine, and 3,4-methylenedioxymethamphetamine (MDMA).
“This law also makes very clear distinctions about social sharing, using, and selling,” Young told the Southern California Record. “Commercially selling drugs is still illegal. This bill is not about selling mushrooms or selling LSD or DMT. It's about not criminalizing people who are using.”
If approved, the bill would also require the state Department of Public Health to organize a workgroup to research and make recommendations to the legislature regarding the regulation and use of the substances made lawful by the bill.
“First we decriminalize, which allows us to evaluate and study,” Young said in an interview. “Once we evaluate and study, we can get more credible data and science behind what is happening to folks and what is the impact on communities.”
Sponsored by Senator Scott Wiener (D), the Senate approved the bill earlier this month 21-16, according to media reports.
“There is a lot of pressure from the proponents of the bill to make the argument that psychedelics and hallucinogenics can help with mental health and doctors should be allowed to study if there's a way to appropriately dose,” Young added. “People are talking about micro-dosing to help with depression.”
The bill however is not without its opponents.
Native Americans who use peyote in their tribal rituals are one group that is leery of the bill, according to Young.
“Peyote is banned still and the rationale is that it’s cultural appropriation of Native American culture because there's some recognition of the cultural importance of that substance to their community,” Young said. “Peyote was left out of the bill because there were proponents from that community saying ‘Don't come messing with our stuff. You're going to regulate us and we don't want to be regulated.’”
Peyote is a hallucinogenic that originates from the cactus plant and contains mescaline.
“Native American communities wanted to ensure their sovereignty is still in place and to ensure their cultural history is not infringed upon,” Young added.
Other opponents include the Police Chiefs Association, the Narcotics Officer Association, and the Congress on Racial Equity.
“I don't think it's going to overall affect the state budget,” Young said. “This is a locally mandated state program, which means that the locals are now going to have to retrain their officers that these drugs are hands-off if this bill passes.”