Senator Wiener Says State Is At ‘Inflection Point’ For Psychedelic Drug Decriminalization

During a recent Psychedelic and Entheogen Academic Council (PEAC) panel, Senator Scott Wiener (D-San Francisco) said that the state has now reached an “inflection point” in support for decriminalizing psychedelics drugs, despite recent polls showing that the majority of Americans still oppose such measures, Marijuana Moment reported Thursday.

Since 2021, psychedelic drugs such as psilocybin (magic mushrooms), dimethyltryptamine (psychedelic drug DMT), ibogaine (psychedelic substance), and mescaline (psychedelic hallucinogen) have come close to being decriminalized in California. Senator Wiener, who has led the charge to decriminalized them, had to work around the negative effects of the drug and continued public opposition and focus largely on the therapeutic aspects of the drugs, such as how they help some people cope with PTSD.

In 2021, 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. However, heavy opposition forced Wiener to continue to amend the bill, removing all synthetic hallucinogens such as lysergic acid diethylamide (LSD), ketamine, and 3,4-methylenedioxymethamphetamine (MDMA, ecstasy, molly) from the bill. 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 in 2023.

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.

While Newsom was expected to pass the bill, as he had  expressed support  for psychedelics for the use of medical treatments in the past, he shocked many by vetoing the bill. In his veto, Newsom said that he would only support such a bill if it had therapeutic guidelines and made clear that decriminalization was for medical use only. With a window still open, Wiener vowed to refine SB 58 further to meet Newsom’s requirements, as well as work with Republicans in the next bill to get wider support.

A new decriminalization bill

With that in mind, Wiener immediately began working on a new, limited therapeutic-only bill last month. While there have already been some setbacks, such as a pilot high on Mushrooms who tried to crash an Alaskan Airlines flight in October, the new bill has continued to be planned out for a 2024 introduction with Assemblywoman Marie Waldron (R-Valley Center) in support of it. And this week, Wiener said that an inflection point in support and understanding for such a bill has been reached.

“I really think we are at a potential inflection point, with a broad population that is finally understanding the potential benefits of these substances,” said Wiener at the PEAC panel. “When you look at the polling—and we’ve seen polling in California and nationally—it actually was surprising to me the level of awareness that there is in the state and in the country about the potential benefits of psychedelics.”

“I personally continue to be of the strong view that we should not be arresting and prosecuting people for possessing and using these substances—that is not an actual productive way of making them safer—but it is what it is. It’s water under the bridge. I’m grateful that the governor’s veto message for my bill this year as it offered a path forward and that he wanted to work with the legislature on a therapeutic bill for psychedelics. I’m really excited about the possibility of building a really broad, strong coalition and, I hope, sending a therapeutics bill to the governor.”

“Many of us were disappointed with the governor’s decision to veto SB 58. But as millions of Californians continue to suffer from our unprecedented mental health crisis, it’s imperative that we remain focused on delivering as much relief as we can from breakthrough treatments like psychedelic therapy.

“Many of the coalition partners who partnered with us on SB 58 are on board with this new effort, and we’re adding new partners as well to bring psychedelic therapies to Californians in the therapeutic context.”

While Wiener has touted changing public support for decriminalization, polls have shown that the majority of Americans still oppose it. According to recent polls, 65% of voters nationwide have said that psychedelic substances have no medical use. Slightly better was a poll last year that found that 45% of Americans support decriminalization of psychedelics, but only if they are medically administered.

“Inflection Point”

“Medical professionals, Veterans advocates, counselors like me, and even PTSD sufferers themselves have said that the only way to decriminalize these drugs is to make it therapy based,” said former police officer and current drug counselor Marty Ribera to the Globe on Thursday. “Wiener kept trying for more questionable drugs and tried to make it non-medical in many parts. Look how that turned out.”

“Now look at the polls. Psychedelics in general being decriminalized still have no broad support. But if you make it medical or therapy based, on a limited basis under supervision, that’s where you have support coming. It took Wiener several years to realize this and so much wasted time. He was trying to get way more than people were comfortable with.”

“We need to read this coming bill closely and be on the lookout for loopholes. But having a Republican be there in step with him, as well as a lot of others looking over his shoulder on this, this may be the year it finally passes. Again, we need to see it and see how it is amended too. These bills are always heavily amended because Wiener keeps trying to put tricky language in there.”

“I don’t think there is a turnaround point that Wiener claimed there is, at least not yet. You get more studies on it, maybe a few big name people who have done it, and then maybe there is. Because polls certainly don’t show there has been.”

In addition to Wiener claiming an inflection point, questions arose as to who is backing the 2024 bill and who stands to gain from it.

“Who gains financially from this? That’s the important question,” added Rudy Chambers, an advocate for veterans seeking psychedelic therapy, to the Globe. “This years’ bill was sponsored by the Heroic Hearts Project, for example. But they are a non-profit who helps vets get psychedelic therapy. A bill like that passes and it is decriminalized, it means less donations for them since there are more ways to get it then. So it isn’t non-profits.”

“You mentioned Gates Foundation, Ford Foundation, and people like Soros. While they do sponsor state bills, they aren’t the “money” supporters here. We need to see what this new bill is, but we also need to see who would be administrating the therapy. Who owns the places that would be administering the therapy. I mean, there were people like Soros who pumped a lot of money in marijuana legalization in California, then profited on it after the fact. As soon as the bill makes it clear where this is administered, you can easily work backwards. Who owns those places, and who owns the places where the psychedelics are grown? Will there be an official contractor? If so, who gets that contract? That’s what we need to be looking at here.”

The new bill is expected to be introduced next session.