California Gov. Gavin Newsom has vetoed a bill aimed at decriminalizing the possession and personal use of several hallucinogens, including psychedelic mushrooms. The legislation, which had gained support from veterans and advocates for therapeutic use, would have allowed individuals aged 21 and older to possess psilocybin, dimethyltryptamine (DMT), and mescaline. However, it would not have legalized the sale of these substances or permitted possession on school grounds.
Governor Newsom, a Democrat who previously championed the legalization of cannabis, expressed the need for additional regulations before California decriminalizes hallucinogens. In a statement, he emphasized the importance of establishing guidelines for regulated treatment, including dosing information, therapeutic guidelines, and rules to prevent exploitation during guided treatments. Newsom stated that the bill, which would have taken effect in 2025, would have decriminalized possession before these guidelines were in place, leading to his decision to veto it.
While psychedelics have gained recognition as an alternative approach to treating mental illnesses such as post-traumatic stress disorder, their benefits are still largely unknown, according to opponents of the bill. However, studies in recent years have shown that decriminalization does not increase crime rates. Organizations representing parents were concerned that the legislation would make it easier for children and young people to access these drugs.
The vetoed bill would have required the California Health and Human Services Agency to study and make recommendations on the therapeutic use of psychedelic substances. It is important to note that even if the bill had been signed into law, these drugs would still be illegal under federal law.
California has seen some progress in decriminalizing natural psychedelics. Cities including Oakland, San Francisco, Santa Cruz, and Berkeley have already decriminalized plant and fungi-based psychedelics. Despite the veto, advocates are working towards initiatives to expand psychedelic use that may appear on the November 2024 ballot. These initiatives include legalizing the use and sale of mushrooms for individuals aged 21 and older and establishing a state agency dedicated to researching psychedelic therapies, with a proposed budget of $5 billion.
Governor Newsom’s veto represents a missed opportunity, according to State Sen. Scott Wiener, who authored the bill. Wiener argued that criminalizing access to these substances only makes people less safe and reduces access to help. He plans to introduce new legislation in the future, building upon the evidence of the benefits of non-addictive substances such as LSD and MDMA.
It is worth noting that Oregon and Colorado have already taken steps towards decriminalizing psychedelics, with Oregon approving the decriminalization of small amounts of psychedelics in 2020 and Colorado passing a ballot measure to decriminalize psychedelic mushrooms in 2022.
While supporters of decriminalization express disappointment over the veto, opponents believe that more safeguards and public education campaigns are necessary before decriminalization can occur. The debate surrounding the therapeutic use of psychedelics continues, and California voters may have the opportunity to weigh in on the issue in the future.
