California State Senate Passes Psychedelic Legalization In Latest Wave Of The New Psychedelic Revolution – Cannabis & Hemp – United States -…

25 June 2021

Seyfarth Shaw LLP

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Seyfarth Synopsis: On June 1, 2021, theCalifornia State Senate passed Senate Bill 519 which calls for thelegalization for non-commercial use of specific psychedelics. ThisBill is the newest among the growing list of legalization effortsof psychedelics, this being a major momentum shift.

In the most recent news of the ongoing modern psychedelicrevolution, the California State Senate approved Senate Bill 519 on June 1, 2021. This bill,sponsored by Senator Scott Wiener, aims to legalize the possessionand sharing of certain psychedelics. The list includes psilocybin,ketamine, MDMA, LSD, and non-peyote derived mescaline forCalifornians 21 and over. After its passing in the senate, the billnow moves to the Democratically controlled California StateAssembly, and should it pass there it will be sent to GovernorGavin Newsom for his final approval.

This bill is a legalization, not decriminalization effort,making it legal to not only possess and share the listedpsychedelics, but also cultivate naturally occurring psychedelicsfor personal use specifically. This means home grown spores wouldbe free to spread in backyards across California, as the billspecifically allows property owners to possess spores or myceliumproducing mushrooms for personal or social use.

Notably, the bill allows Californians to have the psychedelicsfor "social use," which is defined as "the givingaway or consensual administering of," the covered substances,by someone 21 or older to someone 21 or older. Social sharingincludes but is not limited to group counseling, spiritualguidance, community-based healing, or related services.

However, the bill specifically disallows offering thesesubstances for financial gain, which is defined as the receipt ofmoney or other valuable consideration in exchange for the itembeing shared. This does not apply to reasonable fees forcounseling, spiritual guidance, or related services that areprovided in tandem with both the administering or use of any of thecontrolled substances specifically under the guidance andsupervision of the person providing those services on the premises,and on the premises of the person providing the services.This section in particular may create an interesting carve out foradministering the substances, for a reasonable fee, but only undersupervision of a guide upon their designated premises.

Moreover, the bill calls for the California Department of Healthto convene a working group that will research and makerecommendations to the state legislature on the regulation and useof substances legalized by this bill.

This bill is the latest spore to pop up in the growing networkof psychedelic legislation within the United States. The billspecifically cites other related initiatives in the City of Oakland and City of Santa Cruz as inspiration, as well as Ann Arbor, Michigan; Somerville, Massachusetts; and Cambridge, Massachusetts; which have alldecriminalized possession, use, and propagation of psychedelicplants and fungi. Washington DC has also passed Initiative 81which decriminalized and deprioritized the possession of certainpsychedelics.

With SB 519's passage, the proponents for psychedelicmedical and personal use will land a major win, and the bill mayact as a catalyst for more states to consider psychedeliclegalization, potentially leading to a similar market like that ofthe budding cannabis industry.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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California State Senate Passes Psychedelic Legalization In Latest Wave Of The New Psychedelic Revolution - Cannabis & Hemp - United States -...