Psychedelic Drug Decriminalization Bill Moves To Suspense File Before Big Assembly Vote

A bill to decriminalize plant-based psychedelic drugs was moved into the suspense file on Wednesday by the Assembly Appropriations Committee, a move which will could kill the bill or allow for one final push in the legislature by the end of the session.

First introduced in December of last year, Senate Bill 58 by Senator Scott Weiner (D-San Francisco) proposed to decriminalize plant-based and other natural hallucinogens such as psilocybin (magic mushrooms), dimethyltryptamine (psychedelic drug DMT), ibogaine (psychedelic substance), and mescaline (psychedelic hallucinogen). In addition, law enforcement would be unable to charge those holding the drugs with a criminal penalty while also still being completely illegal for minors.

SB 58 also would remove bans on having psilocybin or psilocyn spores that can produce mushrooms, and on having drug paraphernalia associated with all decriminalized drugs. Specific limits outlined by the bill include up to 2 grams of DMT, 15 grams of Ibogaine, and 2 grams of Psilocybin.

The current form of the bill is a significantly pared down version of SB 519, first introduced in January 2021 by Weiner that would not only have legalized the psychedelics in SB 58, but also would have included synthetic hallucinogens such as lysergic acid diethylamide (LSD), ketamine (“dissociative anesthetic”), and 3,4-methylenedioxymethamphetamine (MDMA, ecstasy, molly). However, the bill was amended heavily in 2021 and 2022, removing ketamine, peyote derivatives of decriminalized mescaline, and other troubling parts for legislators and opposition groups, including law enforcement agencies. Despite the amendments, the bill was still gutted in August, removing everything but a single study on the use of the remaining drugs. In March, it was finally passed by the Senate Public Safety Committee, with the bill then moving directly to a Senate vote in May.

Passed by the Senate, SB 58 soon passed committees in the Assembly in June and July. With doubts still remaining if the bill could be passed this year, Wiener amended the bill once again, adding a provision requiring the California Health and Human Services Agency (CHHSA) to create a workgroup tasked with studying and making recommendations on the establishment of a framework for the therapeutic use of psychedelics.

That last amendments led to the Assembly Appropriations Committee advancing SB 58 to the suspense file on Wednesday, effectively making it one step away from reaching an Assembly floor vote – or its final death. Bill sponsors also said on Wednesday that a final decision on bringing it to the floor will happen at the end of the session September 1st, the final day of the legislative session. If passed, it would then go directly to Governor Gavin Newsom for a veto or his signature formalizing the bill into law.

SB 58 supporters prepare bill before final Assembly vote

Bill supporters are remaining optimistic, as there have been indications that SB 58 could have enough votes to pass the Assembly. However, even Senator Wiener has noted that the big question mark for the bill becoming a law has been Gavin Newsom, who has given no indication one way or the other on if he would sign it or not.

“It’s unclear to me, as the Governor is not expressing any opinion pro or con,” said Wiener last month.

Those opposed to the bill have continuously noted the number of hurdles the bill would likely face even if Newsom signs the bill, all the while continuing to point out the many negatives of the bill.

Former police officer and current drug counselor Marty Ribera told the Globe on Wednesday, “Wiener keeps amending the bill and is growing more and more desperate to get this passed. At the last vote, the Assembly Health Committee in July, had the vote go 9-2, with 4 abstaining. This shows that a lot of lawmakers are still very much against it. Remember, the bill also barely passed the Senate too, so that final Assembly vote should be something.”

“Newsom is also being more careful over things these days, as he is trying to broaden his appeal for a Presidential campaign in the future. Decriminalizing more drugs is something a lot of people just wouldn’t like, even if medical value is attached to it. Americans oppose decriminalizing magic mushrooms 44%-27%, and LSD 53% to 20%. Those are huge gaps. You can’t just go against the people when over 2 people to 1 opposes it.”

“Plus, there are plans to continue challenging the law legally and through brining it up to California voters should it be signed. This all, combined, is daunting for even the most hardcore people in favor of the bill.”

SB 58 is due to be voted on by the end of the session on September 1st.