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 |
This bill
would repeal those provisions.
(f)
(g)
(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.
(B)Ibogaine.
(C)
(D)
(E)
(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.
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.