Psychedelic Drug Decriminalization Bill Vetoed By Newsom

Governor Gavin Newsom vetoed a bill that would decriminalize several plant-based psychedelic drugs, including magic mushrooms, during the weekend, surprising many supporters who thought that the bill would have been a shoo-in following a narrow passage in both the Senate and the Assembly.

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 have been unable to charge those holding the drugs with a criminal penalty while also still being completely illegal for minors.

SB 58 would have also removed 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. If approved, the bill would have gone into effect beginning on January 1, 2025.

This current iteration of the bill is a significantly pared down version of SB 519, which was 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 those amendments, the bill was further 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.

Opposition continued to increase for the rest of the year, but ultimately managed to get just enough votes to pass. 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. As Newsom had expressed support for psychedelics to be used for medical treatments in the past, supporters had believed that Newsom would sign the bill by the end of the signing deadline in October.

“It wasn’t 100%, but there were signals that Newsom would approve,” said “Dana”, a staffer at the state Capitol Building. “Those opposing the bill were threating to block it in any way they still could, and there were concerns that the bill still went to far. People also began talking about how the bill could negatively affect any higher office aspirations in the future should he sign it. But even with all that signing seemed like it was going to happen.”

However, after a month sitting on the Governor’s desk, SB 58 was vetoed over the weekend. In a statement, Governor Newsom said that while he support the decriminalization of the drugs for therapeutic use, SB 58 went beyond that, and that he could not sign it as a result. But he did leave a door open for future passage, noting in his response that better therapeutic usage guidelines in a similar bill next year, as well as halting decriminalization at strictly medical usage, could bring him around to sign the bill.

“I am returning Senate Bill 58 without my signature,” said Newsom in his veto message on Saturday. “Both peer-reviewed science and powerful personal anecdotes lead me to support new opportunities to address mental health through psychedelic medicines like those addressed in this bill. Psychedelics have proven to relieve people suffering from certain conditions such as depression, PTSD, traumatic brain injury, and other addictive personality traits. This is an exciting frontier and California will be on the front-end of leading it.

“California should immediately begin work to set up regulated treatment guidelines – replete with dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses. Unfortunately, this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it.

“I urge the legislature to send me legislation next year that includes therapeutic guidelines. I am, additionally, committed to working with the legislature and sponsors of this bill to craft legislation that would authorize permissible uses and consider a framework for potential broader decriminalization in the future, once the impacts, dosing, best practice, and safety guardrails are thoroughly contemplated and put in place.”

Newsom vetoes SB 58

Those against SB 58 praised Newsom’s response, with many pointing out that Newsom’s concerns matched their own.

“The people who wanted this passed tried to paint the people against this bill as old-time anti-drug people who want a 100% prohibition on it,” said former police officer and current drug counselor Marty Ribera. “But we had just been stressing regulation, and yeah, hard lines on decriminalization. We were not against it been used to help, say, vets with PTSD, but we wanted it in a controlled setting and it to be closely monitored. What we were against was a big decriminalization push that, even after all the amendments, SB 58 would still give.  And yeah, we said we would fight it everywhere if Newsom did sign it.

“Thankfully Newsom vetoed it. I hope that Wiener will now author a better version that doesn’t give a flat decriminalization but put this in a limited medical setting for research and to help those suffering from ailments like PTSD. Further emphasize how it can help veterans, but in a closely controlled setting with guidelines and the whole nine yards. We’re not against progress, but as any law enforcement officer or drug counselor can tell you, we’ve seen what easy access to psychedelic drugs can bring and it isn’t pretty. The bill stresses medical, so lets treat it as such.”

Senator Wiener, meanwhile, denounced Newsom’s decision and vowed to bring the bill back next year albeit under the more therapeutic focused way that the Governor stressed in his message.

“This is a setback for the huge number of Californians — including combat veterans and first responders — who are safely using and benefiting from these non-addictive substances and who will now continue to be classified as criminals under California law,” added Wiener in a tweet. “The evidence is beyond dispute that criminalizing these substances only serves to make people less safe and reduce access for help. Today’s veto is a huge missed opportunity for California to follow the science and lead.

“This is not the end of our fight, however, and given the Governor’s commitment to work with the legislature on legislation with a therapeutic focus, and openness to future decriminalization legislation, I look forward to introducing therapeutic-focused legislation next year.”

Gov Newsom vetoed SB 58, our bill to decriminalize mushrooms & other naturally occurring psychedelics.

So for now, folks who benefit from these non-addictive substances remain classified as criminals under CA law.

Our fight is not over. We’ll be back with legislation next year. pic.twitter.com/Dehiz9mG0K

— Senator Scott Wiener (@Scott_Wiener) October 7, 2023

Ribera shot back to Wiener’s response by saying “He pretty much said there ‘I tried to pull a fast one on decriminalizing a bunch of drugs, you got me. I’ll make a bill next year on how everyone screamed at me to make it like this year.’ A lot of people will still be against that one, but if it is a hard line at therapy and medical, there will probably be enough support to push Newsom to sign. I hope Wiener learned something from all this.”

An updated version of SB 58 under new therapeutic only guidelines is expected to come out early next year.