Newsom Vetoes Bill to Decriminalize Psychedelic Drugs

Over the weekend, Governor Gavin Newsom vetoed a bill that would decriminalize the possession and personal use of certain psychedelic drugs.

Under Senate Bill 58, it would make it lawful the possession, preparation, obtaining, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), and mescaline, for personal use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substances on school grounds, or possession by, or transferring to, persons under 21 years of age.

The bill was introduced by Senator Scott Wiener (D-San Francisco) back in December of 2022 and passed out of the State Assembly 43-15 vote (note, 22 assemblymembers did not cast a vote) and in the State Senate in a 21-14 vote (5 senators did not vote).

After the veto, Senator Wiener issued the following statement:

“Today’s veto is a setback for the huge number of Californians—including combat veterans and first responders—who are safely using and benefiting from these non-active substances and who will now continue to be classified as criminals under California Law. The evidence is beyond dispute that criminalizing access to these substances only serves to make people less safe and reduce access to help. This 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 a therapeutic-focused legislation next year”

Here is the veto message:

OCT O 7 2023

To the Members of the California State Senate:

I am returning Senate Bill 58 without my signature.

This bill would, beginning on January 1, 2025, decriminalize the possession, preparation, obtaining, or transportation of specified quantities of mescaline, dimethyltryptamine (DMT), psilocybin, and psilocyn, for personal use by persons 21 years of age or older. This bill would also decriminalize the therapeutic use of the substances following the Legislature’s adoption of a framework governing therapeutic use.

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 .

Sincerely,

Gavin Newsom

Editors Note:

Last year, Senator Scott Wiener introduced SB 519 aimed at reverses outdated War on Drugs policies criminalizing substances that can help treat conditions like depression, anxiety, and PTSD. Under the bill, it decriminalizes the possession and personal use of the following substances: psilocybin, psilocyn, 3, 4-methylenedioxymethamphetamine (“MDMA”), Lysergic acid diethylamide (“LSD”), ketamine, Dimethyltryptamine (“DMT”), mescaline (excluding peyote*), and ibogaine. Research from top medical universities like Johns Hopkins, Yale, UCLA and NYU shows that these substances can have therapeutic and medical benefits, and decriminalizing their personal use is part of the larger movement to end the racist War on Drugs and its failed and destructive policies.

Last year, the Bill made it out of the State Senate, but did not make it through the State Assembly.

Previous Stories

• Sept. 7 – Psychedelics Bill Passes out of State Assembly
• Dec 29, 2022 – California Prosecutors Come Out Against Psychedelic Drug Bill
• Dec 20, 2022 – Senator Wiener Reintroduces Legislation to Decriminalize Psychedelics