California could legalize psychedelic therapy after rejecting ‘magic mushroom’ decriminalization

SACRAMENTO, California — A pair of California lawmakers introduced a bipartisan bill Tuesday to allow people 21 and older to consume psychedelic mushrooms under professional supervision as part of an agenda to tackle the mental health and substance use crises in the is to be tackled.

It comes after Democratic Gov. Gavin Newsom last year vetoed legislation that would have decriminalized the possession and personal use of several plant-based hallucinogens, including psychedelic mushrooms. It was the first time Democratic Senator Scott Wiener’s proposal had passed the Legislature after years of stagnation. In his veto message, Newsom, who advocated for cannabis legalization in 2016, asked lawmakers to work on therapeutic guidelines and regulations.

Now Wiener has teamed up with Republican Assemblymember Marie Waldron on a proposal to allow participations to consume psilocybin — the hallucinogenic component in what are known as psychedelic mushrooms — under the supervision of a licensed therapist. The bill would also include dimethyltryptamine (DMT), MDMA and mescaline.

Colorado and Oregon have already decriminalized psychedelic mushrooms and established regulated systems for the therapeutic use of the substances. In California, San Francisco, Oakland and Santa Cruz have effectively decriminalized possession of psychedelic mushrooms, meaning someone cannot be arrested or prosecuted for possessing limited amounts of plant-based hallucinogens.

“We know that Californians are struggling with mental health and addiction challenges, and we know that psychedelics, especially when combined with therapeutic support, can be a powerful tool in helping people regain their health,” Wiener said at a press conference on Monday. “We know that California veterans and first responders in particular have benefited from these substances, and we know many more people can do the same.”

Waldron, who has introduced another bill to study the use of psychedelic therapy, said the bipartisan bill aligns with Newsom’s vision by providing safeguards around psychedelic therapy. A person should undergo extensive screening to determine if he or she is appropriate to consume hallucinogens for therapy and participate in follow-up assessments.

The bill would also shift the state’s response to the mental health crisis away from criminalization and punishment, Waldron said.

California already has “a huge network” of underground therapists providing psychedelic therapy, Wiener said. He added that the bill would “bring them above ground” through a new state licensing board that regulates the services.

The law does not allow personal possession and use. This means that customers cannot buy the drug to take with them. The drugs would still be illegal under federal law. Wiener said he does not want to wait for action from the federal government and that lawmakers could authorize such regulated psychedelic use, similar to previous efforts to legalize therapeutic use of cannabis to treat cancer or HIV.

Psychedelic mushrooms were touted as a mind-altering drug in the 1960s and have been used in religious or spiritual practices in some cultures for centuries and possibly even thousands of years. Some researchers believe that psilocybin and other medications hold promise in treating depression, anxiety and post-traumatic stress disorder. The Food and Drug Administration designated psilocybin a “breakthrough therapy” in 2018 and last year published draft guidelines for researchers designing clinical trials of psychedelic drugs.

The bill is sponsored by Heroic Hearts Project, a nonprofit organization that works with veterans to overcome trauma. Juliana Mercer, a Marine Corps veteran and board member of the Heroic Hearts Project, said she has used psychedelics to manage her PTSD through programs outside the US. Her organization recently sent a group of veterans to Oregon for regulated use of psilocybin.

“Through education and regulation, we can move people from underground work, where it may not be safe, to a place where they can do it safely,” Mercer said.

She added that this will give them “access to the healing they deserve, without fear of negative consequences.”

The California Coalition for Psychedelic Safety and Education, which opposed the measure to decriminalize psychedelics last year, also joined in supporting the bipartisan bill this year. Susan Sagy, the group’s executive director, called it an approach “that balances the potential benefits of therapeutic treatment with the potential risks to public health.”

Supporters of the bill expect it will take 18 to 24 months to implement the program if the bill becomes law. The bill would also create an education program to help reduce the stigma surrounding psychedelics.