California Governor Gavin Newsom has vetoed Senate Bill 58, the first psychedelics decriminalization measure to pass both chambers of a state legislature. Now, California drug policy reformers are refocusing their efforts on ballot measure campaigns for 2024.
Psychedelics Legalization Efforts March Onward Despite California Setback
SB 58 would have made the possession, cultivation, preparation, personal use, and transportation of specified quantities of psilocybin, psilocyn, DMT, and mescaline lawful, effective January 1, 2025. Newsom vetoed the bill and indicated that he believed the bill lacked the necessary guidelines and guardrails to be safe and successful. There is still hope for psychedelics decriminalization in California, however, with two ballot measures gathering signatures to appear on the November 2024 ballot. One of these measures would legalize the use and sale of psilocybin for people 21 and older. The other measure would ask voters to approve of creating an agency tasked with researching psychedelic therapies.
SB58 Was Heavily Amended Before Being Vetoed
Senator Scott Wiener initially introduced SB 58 in 2021 as Senate Bill 519. It underwent many amendments before reaching Gov. Newsom’s desk. One of the most notable differences between the initial bill and its amended form was that it ultimately did not decriminalize MDMA, LSD, ketamine, or ibogaine. Those synthetically produced compounds (MDMA, LSD, and ketamine) were removed from the bill during the legislative process. SB 58 also expressly excludes synthetic analogs of DMT, psilocybin, psilocyn, and mescaline, as well as any derivatives of such substances produced using chemical synthesis. In addition, the final version of SB 58 does not explicitly allow for group facilitation and sharing. The language decriminalizing ibogaine and authorizing its group use was removed during the most recent 2023 legislative session.
Newsom Calls for a Regulatory Framework Before Decriminalization
Industry leaders anticipated Governor Newsom would sign the bill after it was heavily amended, but the changes were still not enough to garner his approval. Gov. Newsom acknowledged the therapeutic benefits of psychedelics, but stated he believes regulated treatment guidelines need to be in place before psychedelics are decriminalized. Gov. Newsom urged the legislature to send him legislation next year that includes therapeutic guidelines for use and access.
Signature Gathering is Underway for Psychedelic Policy Reform Ballot Measures
Two California ballot measure campaigns are currently collecting signatures with the hope of making the 2024 November ballot. The measures are The California Psilocybin Initiative and The Treatment, Research, Education, Access, and Therapies (TREAT) California Act. The California Psilocybin Initiative would authorize and regulate the cultivation, processing, and distribution of Psilocybin mushrooms and the chemical compounds contained therein for medical, therapeutic, religious, spiritual, and recreational use. The TREAT California Act would ask voters to approve of creating a $5 billion state agency tasked with funding and promoting psychedelics research. Both measures must meet their signature quota by June 2024 to appear on the November 2024 ballot.
