An effort to decriminalize psychedelic substances was nixed after California’s governor vetoed the bill on grounds that the bill is missing dosing guidelines and other critical inclusions that he says would have made it safer.

To the dismay of psychedelic advocates across the state, California Gov. Gavin Newsom vetoed Senate Bill 58 on Oct 7, bill that aimed to decriminalize the possession and personal use of several hallucinogens, including psilocybin mushrooms. Newsom announced that he vetoed SB-58 and 43 other bills in his announcement. 

The bill would have allowed those 21 and older to possess psilocybin, and other psychedelic substances including dimethyltryptamine (DMT) and mescaline. The bill would have taken effect in 2025, and would have required the California Health and Human Services Agency to study and to make recommendations to lawmakers on the therapeutic use of psychedelic substances.

Newsom explained that he would approve a bill if it had more rigid guidelines. “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,” Newsom’s statement said. “Unfortunately, this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it.”

State Sen. Scott Wiener, who authored the bill, said that vetoing the bill is a step backwards for California, maintaining that people caught with psychedelics will continue to be treated as criminals.

“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,” Wiener said in a statement Saturday. “The evidence is beyond dispute that criminalizing access to these substances only serves to make people less safe and reduce access to help.”

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

It’s not the lawmaker’s first attempt at decriminalizing psychedelics in California. Wiener unsuccessfully attempted to approve a broader bill last year that would have also decriminalized the use and possession of LSD and MDMA.

Last month, the Governor was handed 17 bills related to cannabis and psychedelics, including SB-58. The bills include a wide variety of proposals, which Newsom must either sign, veto, or refuse to sign and allow them to be approved without his signature.

In the past, Newsom has expressed support for cannabis and psychedelics, but has vetoed efforts that he deemed rushed or ill-prepared.

California Legislature Approved the Bill

This bill was approved by the California Legislature and passed on to the Gov. Gavin Newsom on Sept. 13. It would legalize possession, cultivation, and transportation of substances such as psilocybin, psilocyn, DMT, and mescaline. The bill was led by Sen. Scott Wiener, who believes that it will help many patients, especially military veterans, within the state. 

“California’s veterans, first responders, and others struggling with PTSD, depression, and addiction deserve access to these promising plant medicines,” said Wiener when the bill passed in the Assembly. “SB-58 has prudent safeguards in place after we incorporated feedback from three years of deep engagement with a broad array of stakeholders. We know these substances are not addictive, and they show tremendous promise in treating many of the most intractable conditions driving our nation’s mental health crisis. It’s time to stop criminalizing people who use psychedelics for healing or personal well-being.”

Other states are moving forward quickly with bills to loosen up laws surrounding psychedelics. In 2020, voters in Oregon approved a bill that decriminalized small amounts of psychedelics. The state was the first to approve the supervised use of psilocybin in therapeutic settings. Voters in Colorado approved a ballot measure last year to decriminalize psilocybin mushrooms and to create state-regulated centers.

Things are moving fast: The U.S. Federal Drug Administration (FDA) designated psilocybin as a “breakthrough therapy” for treatment-resistant depression in 2019. In addition, recently published draft guidance on using psychedelics in clinical trials is pushing the movement forward.

Moving forward, lawmakers can override a governor’s veto with a two-thirds vote, but this has not been achieved in decades.

There are already more ways California voters could decriminalize psychedelics in California. Advocates are working hard to put two initiatives on the November 2024 ballot to expand psychedelic use. One bill would legalize the use and sale of mushrooms for adults ages 21 and older. The other bill would allocate $5 billion in state funding to establish a state agency tasked with researching psychedelic-assisted therapy.

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