Bill Text: CA SB58 | 2023-2024 | Regular Session | Amended
Bill Title: Controlled substances: decriminalization of certain hallucinogenic substances.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Vetoed) 2024-01-25 - Veto sustained. [SB58 Detail]
Download: California-2023-SB58-Amended.html
Amended
IN
Assembly
September 01, 2023 |
Amended
IN
Assembly
July 13, 2023 |
Amended
IN
Assembly
June 29, 2023 |
Amended
IN
Assembly
June 20, 2023 |
Amended
IN
Senate
March 01, 2023 |
Introduced by Senator Wiener (Principal coauthor: Assembly Member Kalra) (Coauthors: Senators Becker, Bradford, Newman, Skinner, and Smallwood-Cuevas) (Coauthors: Assembly Members Bryan, Haney, Jackson, Lee, Low, Lowenthal, Rendon, Wicks, and Wilson) |
December 16, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
This bill
would repeal those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Section 11054 of the Health and Safety Code is amended to read:11054.
(a) The controlled substances listed in this section are included in Schedule I.SEC. 3.
Section 11214 is added to the Health and Safety Code, to read:11214.
(a) The California Health and Human Services Agency shall convene a workgroup to study and make recommendations on the establishment of a framework governing the therapeutic use, including facilitated or supported use, as defined in paragraph (2) of subdivision(f)
(g)
SEC. 4.
Section 11350 of the Health and Safety Code is amended to read:11350.
(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V that is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.SEC. 5.
Section 11350.1 is added to the Health and Safety Code, to read:11350.1.
(a) Except as otherwise provided in subdivisions (b), (c), (d),(4)The assisting of another person, 21 years of age or older, with any act described in paragraphs (1) to (3), inclusive, of this subdivision.
(b)Implementation related to facilitated or supported use under paragraph (1) of subdivision (a) and the activities described in paragraph (4) of subdivision (a) shall not be lawful until a framework governing the therapeutic use, including facilitated
or supported use, of mescaline has been enacted by the Legislature.
(c)
(d)
(e)
(f)
(g)
(h)
(2)“Facilitated or supported use” means the supervised or assisted personal use of mescaline by an individual or group of persons 21 years of age or older, or the assisting or supervising of such persons in such use, within the context of spiritual guidance, community-based healing, or related services.
(3)
(i)(1)Except as provided in paragraph (2), the transfer of a
substance described in paragraph (1) of subdivision (a), without financial gain, between persons 21 years of age and older shall not be a violation of Section 11352 or any other state or local law.
(2)Subsequent to the adoption of a framework enacted by the Legislature, the transfer of a substance described in paragraph (1) of subdivision (a), without financial gain, in the context of therapeutic use, which includes facilitated or supported use, shall not be a violation of Section 11352 or any other state or local law.
SEC. 6.
Section 11364 of the Health and Safety Code is amended to read:11364.
(a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e) or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance that is a narcotic drug classified in Schedule III, IV, or V.SEC. 7.
Section 11364.7 of the Health and Safety Code is amended to read:11364.7.
(a) (1) Except as authorized by law, any person who delivers, furnishes, or transfers, possesses with intent to deliver, furnish, or transfer, or manufactures with the intent to deliver, furnish, or transfer, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, compound, convert, produce, process, prepare, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance, except as provided in subdivision (b), in violation of this division, is guilty of a misdemeanor.(B)Ibogaine.
(C)
(D)
(E)
SEC. 8.
Section 11365 of the Health and Safety Code is amended to read:11365.
(a) It is unlawful to visit or to be in any room or place where any controlled substances that are specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) or paragraph (2) of subdivision (d) of Section 11055, or that are narcotic drugs classified in Schedule III, IV, or V, are being unlawfully smoked or used with knowledge that such activity is occurring.SEC. 9.
Section 11377 of the Health and Safety Code is amended to read:11377.
(a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance that is (1) classified in Schedule III, IV, or V, and that is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (10), (11), (13), (14), (15), (18), (19), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code.SEC. 10.
Section 11377.1 is added to the Health and Safety Code, to read:11377.1.
(a) Except as otherwise provided in subdivisions (b), (c), (d),(B)The controlled substance specified in paragraph (11) of subdivision (d) of Section 11054.
(C)
(D)
(4)The assisting of another person, 21 years of age or older, with any act described in paragraphs (1) to (3), inclusive, of this subdivision.
(b)Implementation related to facilitated or supported use under paragraph (1) of subdivision (a) and the activities described in paragraph (4) of subdivision (a) shall not be lawful until a framework governing the therapeutic use, including facilitated or supported use, of the substances identified in paragraphs (10), (11), (18), and (19) of subdivision (d) of Section 11054 has been enacted by the Legislature.
(c)
(d)
(e)
(f)
(g)
(h)
(B)Fifteen grams of ibogaine.
(C)Two grams of psilocybin or four ounces
(D)Two grams of psilocyn or four ounces
(2)“Facilitated or supported use” means the supervised or assisted personal use of a substance described in this section by an individual or group of persons 21 years of age or older, or the assisting or supervising of such persons in such use, within the context of spiritual guidance, community-based healing, or related services.
(i)
(1)Except as provided in paragraph (2), the transfer of a substance described in paragraph (1) of subdivision (a), without financial gain, between persons 21 years of age and older shall not be a violation of Section 11352 or any other state or local law.
(2)Subsequent to the adoption of a framework enacted by the Legislature, the transfer of a substance described in paragraph (1) of subdivision (a), without financial gain, in the context of therapeutic use, which includes facilitated or supported use, shall not be a violation of Section 11352 or any other state or local law.
SEC. 11.
Section 11379 of the Health and Safety Code is amended to read:11379.
(a) Except as otherwise provided in subdivision (b), in Section 11377.1, and in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance that is (1) classified in Schedule III, IV, or V and that is not a narcotic drug, except subdivision (g) of Section 11056, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d) or (e), except paragraph (3) of subdivision (e), or specified in subparagraph (A) of paragraph (1) of subdivision (f), of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of two, three, or four years.SEC. 12.
Section 11382 of the Health and Safety Code is amended to read:11382.
Except as otherwise provided in Section 11377.1, every person who agrees, consents, or in any manner offers to unlawfully sell, furnish, transport, administer, or give any controlled substance that is (a) classified in Schedule III, IV, or V and that is not a narcotic drug, or (b) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), specified in paragraph (11) of subdivision (c) of Section 11056, or specified in subdivision (d), (e), or (f) of Section 11055, to any person, or offers, arranges, or negotiates to have that controlled substance unlawfully sold, delivered, transported, furnished, administered, or given to any person and then sells, delivers, furnishes, transports, administers, or gives, or offers, or arranges, or negotiates to have sold, delivered, transported, furnished, administered, or given to any person any other liquid, substance, or material in lieu of that controlled substance shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code.SEC. 14.SEC. 13.
Section 11550 of the Health and Safety Code is amended to read:11550.
(a) A person shall not use, or be under the influence of any controlled substance that is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception. A person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not more than one year in a county jail. The court may also place a person convicted under this subdivision on probation for a period not to exceed five years.SEC. 15.SEC. 14.
Section 11999 of the Health and Safety Code is repealed.SEC. 15.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 16.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.