California Senate Bill 58: A Revolution in Psychedelic Legislation Advances to the Assembly
by Omar Figueroa and Lauren Mendelsohn
May 25, 2023
Introduction
In a significant stride toward progressive drug policies, California Senate Bill 58 (which we will abbreviate here as “SB 58”) is making waves as it advanced out of the Senate and into the Assembly on May 24, 2023. We previously discussed an earlier version of SB 58 here. One can track the status of SB 58 here.
With multiple coauthors in both the Senate and the Assembly from various regions of the state, the bill carries a strong momentum that could potentially revolutionize California law concerning natural entheogens. In this blog post, we will explore the promising prospects of SB 58 and its potential impact on the landscape of psychedelic use in the state.
Broad Support in the Assembly
As SB 58, which was introduced by Senator Wiener from San Francisco, moves forward in the legislative process, it enjoys substantial backing from eight Assembly Members spread across California. Assembly Members Isaac Bryan (Los Angeles), Matt Haney (San Francisco), Dr. Corey Jackson (Riverside), Alex Lee (South Bay), Evan Low (Silicon Valley), Josh Lowenthal (Los Angeles), Buffy Wicks (East Bay), and Lori Wilson (Sac Delta), have joined forces as coauthors, along with Senators Josh Becker (Peninsula), Steven Bradford (Los Angeles), Josh Newman (LA, Orange, and San Bernardino Counties), Nancy Skinner (East Bay), and Lola Smallwood-Cuevas (Los Angeles). This widespread support increases the likelihood of SB 58 successfully navigating through the Assembly and becoming a groundbreaking piece of legislation.
Which Substances are Included?
SB 58 does not encompass all psychedelics. Rather, it covers the following naturally-occurring substances: Dimethyltryptamine (DMT), Ibogaine, Psilocybin, Psilocyn, and Mescaline derived from plants classified botanically in the Echinopsis or Trichocereus genus of cacti (including, without limitation, the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus) but not mescaline derived from peyote. An earlier bill introduced by Senator Wiener included LSD and MDMA as well.
Defining Facilitated or Supported Use
One of the notable aspects of SB 58 is its inclusion of a comprehensive definition of “facilitated or supported use.” The bill explicitly characterizes it as supervised or assisted personal use by individuals or groups aged 21 and older, within the context of counseling, spiritual guidance, community-based healing, or related services. This definition acknowledges the importance of responsible and supported usage, ensuring that the potential benefits of entheogens are harnessed safely.
Defining “Allowable Amount”
SB 58 sets the following limits of the substances below as the allowable amounts for an individual to possess, prepare, obtain, or transport:
- Two grams of dimethyltryptamine (DMT)
- Fifteen grams of ibogaine
- Two grams of psilocybin, or four ounces of a plant or fungi containing psilocybin
- Two grams of psilocyn, or four ounces of a plant or fungi containing psilocyn
- Four grams of mescaline derived from plants classified botanically in the Echinopsis or Trichocereus genus of cacti (including, without limitation, the Bolivian Torch Cactus, San Pedro Cactus, or Peruvian Torch Cactus)
In the context of facilitated or supported use involving multiple participants, allowable amount is defined as the “aggregate of allowable amount per participant.”
Defining “Financial Gain”
SB 58 provides that the transfer”without financial gain, between persons 21 years of age and older, and in the context of facilitated or supported use” of allowable amounts does not violate state or local law.
“Financial gain” is defined as “the receipt of money or other valuable consideration in exchange for the item being transferred.” This definition is so broad that an exchange for any amount of money could be considered financial gain even if the item being transferred is transferred at cost or even at a loss. (Imagine a thought experiment where two grams of psilocybin are exchanged for a single penny: this is defined as “financial gain” even if the two grams cost exactly a penny, and even if the two grams really cost a dollar to produce and are being provided at a loss.)
“Financial gain” does not include “reasonable fees for counseling, spiritual guidance, or related services that are provided in conjunction with facilitated or supported use [of the controlled substance] under the guidance and supervision, and on the premises, of the person providing those services.”
SB 58 introduces provisions that aim to clarify the legality of transferring allowable amounts of controlled substances without financial gain in certain circumstances. The definition of “financial gain” provided in the bill raises concerns due to its broad scope, potentially encompassing even exchanges made at cost or a loss. This definition could have unintended consequences, as illustrated by the hypothetical thought experiment involving the exchange of psilocybin for a nominal amount.
However, it is important to note that the bill does make an exception for reasonable fees associated with counseling, spiritual guidance, or related services provided in conjunction with facilitated or supported use of the controlled substance. This exception recognizes the potential value of these services in promoting responsible and safe use, while also acknowledging that such services may require compensation.
While SB 58 represents a step towards addressing the transfer of controlled substances in specific situations, the concerns surrounding the definition of “financial gain” merit further consideration. It may be beneficial for lawmakers and stakeholders to review and refine this definition to ensure that it aligns with the intended goals of the legislation and does not inadvertently hinder legitimate exchanges or hinder the availability of valuable services.
The Promise of Group Facilitation
SB 58 recognizes the significance of group dynamics and communal healing by allowing facilitated or supported use involving multiple individuals. The bill introduces the concept of “allowable amount” in such contexts, which is the aggregate of the allowable amount per participant. For example, in the context of facilitated or supported use involving one thousand participants (think psychedelic festival), the allowable aggregate amounts would be: two kilograms of DMT, fifteen kilograms of ibogaine, two kilograms each of psilocybin and psilocyn, and four kilograms of mescaline. Translated to pounds, the allowable aggregate amounts for a thousand-participant festival would be: 4.4 pounds of DMT, 33 pounds of ibogaine, 4.4 pounds each of psilocybin and psilocyn, and 8.8 pounds of mescaline. These scalable provisions have the potential to give rise to cottage industries similar to the medical cannabis collectives and cooperatives that emerged after the passage of SB 420 two decades ago. These entities could play a vital role in providing guidance, support, and a safe environment for individuals seeking the benefits of entheogens within a group setting.
Envisioning a Progressive Future
With the robust support from coauthors in the Assembly and the inclusive provisions outlined in SB 58, the bill stands as a catalyst for progressive change. If successfully enacted, it has the potential to reshape the legal landscape of natural entheogens in California. By fostering responsible use, expanding access to communal healing, and promoting the integration of entheogens within counseling and spiritual practices, SB 58 aspires to create a more enlightened approach to psychedelic substances.
Conclusion
California Senate Bill 58 represents a significant leap forward in psychedelic legislation, propelled by the support of eight coauthors in the Assembly. As the bill progresses, it carries the potential to transform the way natural entheogens are perceived, regulated, and integrated into therapeutic practices in the state. By embracing facilitated or supported use, SB 58 acknowledges the power of group dynamics and aims to foster communal healing experiences. As we eagerly await the outcome, it is essential to continue the dialogue surrounding responsible use, patient safety, and the potential benefits of entheogenic substances.
This information is provided as a pubic service and is not intended, nor should be construed, as legal advice. If you have specific questions regarding psychedelics laws in California, please contact the Law Offices of Omar Figueroa at 707-829-0215 or info@omarfigueroa.com to schedule a confidential legal consultation.