Major Setback for Psychedelic Drug Decriminalization Following Arrest Of Pilot High on Magic Mushrooms

The arrest of a Pleasant Hill pilot on Sunday who tried to crash an Alaska Airlines plane while under the influence of magic mushrooms sparked a major backlash against decriminalization efforts of psychedelics drugs in California this week, with the incident likely to also negatively affect legislative and ballot efforts next year.

Prior to the incident on Sunday, psychedelic drugs such as psilocybin (magic mushrooms), dimethyltryptamine (psychedelic drug DMT), ibogaine (psychedelic substance), and mescaline (psychedelic hallucinogen) were close to being decriminalized in California. Senator Scott Wiener (D-San Francisco) led the charge beginning in 2021, introducing SB 519 to the state Senate. While the use of psychedelics in helping combat PTSD and other afflictions has been seen more and more positively over the years, the ever present negative effects of the drugs had largely ended any real legalization effort.

However, Wiener used a combined approach with SB 519, writing the bill as a way to end the mass incarceration that occurred during the war on drugs, as well as to increase scientific and medical testing to help those suffering from mental health conditions such as PTSD and depression. Early opposition forced Wiener to continue to amend the bill. All synthetic hallucinogens were removed to make the bill more palatable, removing lysergic acid diethylamide (LSD), ketamine, and 3,4-methylenedioxymethamphetamine (MDMA, ecstasy, molly). Other troubling drugs such as ketamine and peyote derivatives of decriminalized mescaline were also taken out, with the bill ultimately being gutted almost completely, removing everything but a single study on the use of the remaining drugs. While bill fizzled out in the Assembly, it did manage to narrowly pass the Senate, leading to Wiener to try again this year.

Introduced as SB 58 earlier this year, Wiener focused on only plant-based psychedelics in the bill. This version proved far more successful. While opposition against the bill was still high, his changes managed to win many lawmakers over. In the Assembly, it passed 43-15, but with a much larger than usual 22 Assemblymembers choosing not to vote. The bill then went to the Senate again because of the number of amendments being made since May. There it was finally passed with a 21-14 vote, but with 5 abstaining, with the bill being sent to the Governor in September.

But, despite Governor Newsom expressing support for psychedelics for the use in medical treatments in the past, Newsom ultimately vetoed the bill. While a set back, Newsom left a door open for Newsom and supporters, saying that he would support such a bill if it had therapeutic guidelines and made clear that decriminalization was for medical use only. Wiener immediately vowed that a new bill would be in place for 2024 with such guardrails in place, and every indication was that the next bill would likely pass next year.

Then came Sunday.

Psychedelic drug legalization effort faces major hurdle

On October 22nd, Joseph Emerson, an off-duty Alaskan Airlines pilot from the Bay Area, attempted to shut down the engines on a commercial flight going from Everett, Washington to San Francisco. The pilots on-board managed to stop him, diverting the flight to Portland, saving more than 80 people on board. In the following days, it was revealed that he had taken magic mushrooms before boarding the flight. Supporters of legalization have said that since he took them 48 hours before the flight, they likely had nothing to do with his actions. However, experts noted that while the effects usually only last for several hours, longer term effects can still be in place days later depending on several factors including how much was taken and the person who took them.

With the use of magic mushrooms appearing to have played at least some role in the incident, support for decriminalization has significantly weakened this week. Many supporters of decriminalization who were on the fence have been pushed back because of the high-profile incident, with the future 2024 bill and a ballot effort likely to be significantly hurt by it.

“You can just see the ads now,” said Dana, a staffer in the State Capitol, to the Globe. “If decriminalization is on the ballot, all they need to show is how a guy still experiencing the effects of it nearly killed over 80 people. Imagine seeing that while watching TV or scrolling through your phone. As for the bill, this is hard to overcome. You just know this will be brought up in every committee hearing. It’s really hard to put your vote to something when it just nearly killed your constituents.”

Peace Officers Research Association of California president Brian Marvel added, “This sets back the conversation about legalizing psychedelics in the state of California. Do you really want people that are tripping on mushrooms driving cars?”

Despite the backlash and significantly weakened support, Senator Wiener confirmed on Thursday that he would still be going forward with a new psychedelic drug decriminalization bill next year. In a statement, he said that the Emerson incident was an ‘outlier’ and that the legislation should still go forward.

“Anyone can abuse a substance — legal or illegal — and do something horrific,” said Wiener. “People overwhelmingly use them safely, without engaging in violence. This situation is an extreme outlier, and this guy should be prosecuted to the full extent of the law.”

Decriminalize California, which is attempting to put a ballot measure for the legalization of magic mushrooms on the ballot next year, also said that they would be moving forward with signature collection despite the incident.

For other lawmakers, however, the Emerson incident has proven to them that more research needs to be done on psychedelics before another decriminalization bill goes forward.

“It’s an awakening moment,” said Assemblyman Tom Lackey (R-Palmdale). “This substance has, sometimes, a delayed impact on people, and we know way too little to be using this as a routine treatment for people.”

The response of Governor Gavin Newsom to the incident and subsequent decriminalization efforts is perhaps the most sought after this week. While Newsom has yet to comment on the incident due to being in China this week, sources have said the many in Newsom’s office have felt that, by vetoing the bill earlier this month, Newsom dodged a major scandal in the process.

“I’ve heard from some people there,” added Dana. “They felt like they dodged a bullet. Imagine the political firestorm if Newsom approved that then this story came out. It would hang over him for the rest of his political career. And if he stuck to his guns on approving it, then opponents would have been merciless.

“But this also puts Newsom in a tough spot again. Say this Wiener bill goes through again next year and somehow makes it back to him despite this incident. He’s screwed. I don’t know how this will all play out, but right now it is very dangerous for proponents of legalization to say too much in praising it. A national tragedy nearly occurred. It’s going to be hard enough to play that down in the legislature next year as it is.”

More details on the incident, as well as the future of decriminalization efforts of psychedelic drugs, are expected soon.