California Plant-Based Psychedelics Bill Heads to Governor

The California state Senate approved a bill that would decriminalize the possession and use of specific plant- and fungus-derived psychedelics, Law360 reported Thursday. The bill now awaits Gov. Gavin Newsom’s decision.

Previously, the General Assembly endorsed the bill with a 43-15 vote, following the state Senate’s initial approval in May by a 21-16 margin.

San Francisco state senator Scott Wiener sponsored SB 58. The legislation covers personal possession of substances such as psilocybin and psilocin, commonly found in certain mushrooms. It also includes plant-derived DMT and mescaline. However, the bill excludes mescaline sourced from the peyote cactus, recognizing its role in some Native American religious ceremonies.

“California’s veterans, first responders, and others struggling with PTSD, depression, and addiction deserve access to these promising plant medicines,” Wiener said in a statement. “S.B. 58 has prudent safeguards in place after we incorporated feedback from three years of deep engagement with a broad array of stakeholders.”

Amendments to the legislation removed ibogaine from the list of substances and introduced the idea of a state health agency advisory group. This group’s mandate will be to provide guidance on policies concerning these substances’ therapeutic use.

Should the bill become law, adults 21 and over would be allowed to possess up to 4 grams of the specified substances. The bill also outlines penalties for those providing psychedelics to individuals under 21.

If Newsom gives his nod to the measure, its provisions would come into effect on Jan. 1, 2025. This would mark California as the third state to decriminalize certain psychedelics, joining Oregon and Colorado, which made similar decisions in 2020 and 2022, respectively.

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