SACRAMENTO, Calif. (AP) — California Governor Gavin Newsom has vetoed a bill that aimed to decriminalize the possession and personal use of various hallucinogens, including psychedelic mushrooms.
The legislation, which was vetoed on Saturday, proposed allowing individuals aged 21 and older to possess psilocybin, the hallucinogenic component found in psychedelic mushrooms. It would have also covered dimethyltryptamine (DMT) and mescaline.
This bill did not seek to legalize the sale of these substances and would have prohibited their possession on school grounds. Instead, it aimed to prevent the arrest or prosecution of individuals possessing limited amounts of plant-based hallucinogens.
In a statement on Saturday, Newsom, a Democrat who supported the legalization of cannabis in 2016, expressed the view that more steps needed to be taken before California decriminalizes these hallucinogens.
“California should immediately begin work to establish regulated treatment guidelines, including dosing information, therapeutic guidelines, rules to prevent exploitation during guided treatments, and medical clearance to ensure no underlying psychoses,” Newsom’s statement said. “Unfortunately, this bill would decriminalize possession before these guidelines are put into place, and I cannot sign it.”
If passed, this legislation, which was scheduled to take effect in 2025, would have required the California Health and Human Services Agency to conduct a study and provide recommendations to lawmakers regarding the therapeutic use of psychedelic substances.
It is worth noting that even if California had enacted this bill, the possession of these drugs would still be illegal under federal law.
In recent years, psychedelics have emerged as an alternative approach to treating various mental illnesses, including post-traumatic stress disorder. The Federal Drug Administration recognized psilocybin as a “breakthrough therapy” for treatment-resistant depression in 2019 and recently published draft guidelines for using psychedelics in clinical trials.
Public opinion on psychedelics, which were primarily associated with drug culture in the 1960s, has also shifted to support their therapeutic use.
Supporters of the legislation include veterans who have discussed the benefits of using psychedelics to treat trauma and other illnesses.
“Psilocybin gave me my life back,” said Joe McKay, a retired New York City firefighter who responded to the 9/11 attacks, during an Assembly hearing in July. “No one should be jailed for using this medicine to try to heal.”
However, opponents argue that the benefits of these drugs are still largely unknown, and the bill could result in increased crime, despite studies in recent years showing that decriminalization does not lead to higher crime rates. Parent organizations also express concerns that this legislation would make it easier for children and young people to access these drugs.
State Senator Scott Wiener, the author of the bill, described the veto as a missed opportunity for California to embrace scientific advancements and lead the nation.
“This is a setback for the large number of Californians, including combat veterans and first responders, who safely use and benefit from these non-addictive substances and will continue to be classified as criminals under California law,” Wiener said in a statement on Saturday. “The evidence is irrefutable that criminalizing access to these substances only makes people less safe and reduces access to help.”
Wiener plans to introduce new legislation in the future. Last year, he attempted to pass a broader bill that would have decriminalized the use and possession of LSD and MDMA, commonly known as ecstasy, but it was unsuccessful.
Although lawmakers can override a governor’s veto with a two-thirds vote, they have not attempted to do so in decades.
In 2020, Oregon voters approved the decriminalization of small amounts of psychedelics and became the first to authorize the supervised use of psilocybin in a therapeutic setting. Two years later, Colorado voters also passed a ballot measure to decriminalize psychedelic mushrooms and establish state-regulated centers for supervised drug experiences.
In California, cities such as Oakland, San Francisco, Santa Cruz, and Berkeley have already decriminalized natural psychedelics derived from plants and fungi.
Despite Newsom’s veto, California voters may have the opportunity to voice their opinion on this issue next year. Advocates are working to place two initiatives on the November 2024 ballot that would expand the use of psychedelics. One initiative aims to legalize the use and sale of mushrooms for individuals aged 21 and older, while the other seeks approval for a $5 billion borrowing to establish a state agency dedicated to researching psychedelic therapies.
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