California Psilocybin Decriminalization

What does the Initiative do?

The California Psilocybin Decriminalization Initiative (hereafter, “the Initiative”) would legalize and regulate psilocybin mushrooms for medical and therapeutic use, and decriminalize them for personal, spiritual, religious, and dietary use.

Does the Initiative legalize the sale of psilocybin mushrooms?

The Initiative would create a legal framework in which sales of psilocybin mushrooms would be regulated by the California Department of Food and Agriculture and the California Department of Public Health.

Would sales of psilocybin mushrooms be taxed?

Sales of psilocybin mushrooms would not be subject to an excise tax. In the case of State-legal adult-use cannabis sales in California, high excise tax rates have deterred consumers from purchasing cannabis legally, thereby diverting sales to the illegal market. The Initiative deliberately prohibits imposing an excise tax on psilocybin mushrooms, in order to incentivize consumers to purchase from regulated, licensed retailers.

Under the Initiative, psilocybin mushrooms would be regulated as a foodstuff, and therefore may be subject to local sales tax, depending on the form in which the mushrooms are sold. For example, whole psilocybin mushrooms would not be subject to sales tax, however, a dietary supplement containing psilocybin mushrooms would be subject to sales tax (as is the case with all dietary supplements). Psilocybin mushrooms intended for religious/spiritual or medical/therapeutic use would be exempt from sales tax.

What is the estimated fiscal impact of the Initiative?

The Legislative Analyst’s Office at the California Legislature has published a Fiscal Impact Estimate Report which discusses the effects of the initiative on state and local governments. The report is available at the website of the Office of the Attorney General.

Would I need to visit a dispensary to purchase psilocybin mushrooms?

Psilocybin mushroom sales would not be restricted to ‘dispensaries’ and could theoretically be sold by any licensed business in California. However, on a practical level, some businesses might be unwilling to sell psilocybin mushrooms due to the fact that psilocybin would remain a Schedule 1 controlled substance under Federal law.

Does the Initiative ensure that psilocybin mushrooms are clearly labelled?

Our initiative would ensure that all licensed psilocybin products would provide a quantified list of active ingredients, so that consumers can be fully aware of how much psilocybin they are ingesting.

Is the Initiative the “final word” on psilocybin decriminalization?

No. Even if the ballot measure is approved, the California State Legislature will likely need to pass “implementation legislation” which elaborates on the specifics and logistics of implementing the Initiative. However, any legislation must be germane to the original intent of the Initiative.

Permitted Activities

Would the Initiative allow me to grow psilocybin mushrooms at home?

Yes. The Initiative would enable adults to cultivate psilocybin mushrooms for personal use within their own home and on private property.

Does the Initiative set a personal possession limit? How is personal possession defined?

There are over one hundred and eighty different species of psilocybin mushrooms, with each species containing varying levels of active compounds. Some species contain psilocybin at levels as high as 1.78% on a dry-weight basis, whereas other species contain psilocybin at levels as low as 0.16% on a dry-weight basis, an eleven-fold difference. Furthermore, on the basis of weight, dried mushrooms typically contain ten times as much psilocybin as fresh (wet) mushrooms, due to the reduction in moisture content which occurs through drying.

For these reasons, it would be impractical to define a weight-based limit on the quantity of mushrooms an individual could possess, and therefore the Initiative does not specify such a limit. Personal possession would be defined in a more nuanced way, taking into account the available evidence and the intent of the individual in question.

Would the Initiative allow me to give psilocybin mushrooms to my friends, family, etc.?

The Initiative would enable adults aged 18+ to give away mushrooms to other adults for free. Individuals may not exchange psilocybin mushrooms for money, goods, or services, as such a transaction would constitute a ‘sale’. Individuals wishing to sell psilocybin mushrooms would need to be licensed to do so by the State of California.

Federal Law

Does the initiative decriminalize psilocybin at the Federal level?

No. Psilocybin would continue to remain a controlled substance under Federal law, meaning that Federal agencies can continue to enforce laws prohibiting the possession, manufacture, distribution etc. of psilocybin in California. Over the past few decades, despite multiple States passing laws which decriminalize and legalize cannabis, there remains no substantial change to Federal law. Similarly, it is unlikely that this initiative will result in any changes to Federal law pertaining to psilocybin in the immediate future.

Would the Initiative allow me to send psilocybin mushrooms through the mail?

It would remain illegal to send psilocybin mushrooms through the mail, even if sent within California, as the United States Postal Service is a Federal agency.

Would the Initiative allow me to take psilocybin mushrooms outside of California?

It would remain Federally illegal to transport psilocybin mushrooms across State lines and international borders.

Age Restriction: Does the initiative decriminalize the possession of psilocybin by minors?

No. The initiative only decriminalizes possession, cultivation etc. of psilocybin by adults aged 18+. However, the initiative reduces the penalty for minors found in possession of psilocybin; minors would be required to complete a drug education program and no conviction would remain on their permanent record. It would remain illegal for adults to sell psilocybin to minors.

Why does the initiative define an adult as age 18 instead of age 21?

The Initiative is consistent with California Health and Safety Codes, which define an adult as an individual aged 18+.

About Psilocybin & Psilocybin Mushrooms

What forms of psilocybin and psilocin does the initiative decriminalize?

The Initiative decriminalizes psilocybin and psilocin in all its forms: all species of psilocybin mushrooms, their respective sclerotia (truffles), and extracts and derivatives thereof. Isolated/synthetic psilocybin and psilocin would also be decriminalized. Furthermore, the Initiative would decriminalize spores capable of producing psilocybin and psilocin, as California is currently one of only three States in which psilocybin mushroom spores are illegal.

The Initiative would also decriminalize baeocystin and nor-baeocystin, two alkaloids related to psilocybin and psilocin, which occur naturally in psilocybin mushrooms.

What is psilocybin? What is psilocin?

Psilocybin and psilocin are the two major psychoactive substances which naturally occur in psychedelic mushrooms (‘magic’ mushrooms). Psilocin is biologically active, whereas psilocybin is a psilocin prodrug, meaning that it is converted into psilocin when ingested via dephosphorylation.

What research has been conducted on psilocybin?

For information about the research conducted on the medical and therapeutic potential of psilocybin, visit our research page.

What is a standard dose of psilocybin/psilocin?

The appropriate dosage of psilocybin can vary depending on the intended purpose. Listed below are a selection of psilocybin dosages used in clinical trials and the associated medical condition the dosage was aimed at treating:

0.314 mg of psilocybin (oral, per kg of body weight) – Psilocybin produces substantial and sustained decreases in depression and anxiety in patients with life-threatening cancer: A randomized double-blind trial, Griffiths et al., Journal of Psychopharmacology, 2016.
0.286-0.429 mg of psilocybin (oral, per kg of body weight) – Pilot Study of the 5-HT2AR Agonist Psilocybin in the Treatment of Tobacco Addiction, Johnson et al., Journal of Psychopharmacology, 2014.
0.3-0.4 mg of psilocybin (oral, per kg of body weight) – Psilocybin-assisted treatment for alcohol dependence: A proof-of-concept study, Bogenschutz et al., Journal of Psychopharmacology, 2015.
10-25 mg of psilocybin (oral, not proportional to body weight) – 1) Psilocybin with psychological support for treatment-resistant depression: an open-label feasibility study, Carhart-Harris et al., The Lancet, 2016, 2) Psilocybin with psychological support improves emotional face recognition in treatment-resistant depression, Stroud et al., Psychopharmacology, 2018, 3) Effects of psilocybin therapy on personality structure, Erritzoe et al., Acta Psychiatrica Scandinavica, 2018.
2 mg of psilocybin (intravenous, not proportional to body weight) – Implications for psychedelic-assisted psychotherapy: functional magnetic resonance imaging study with psilocybin, Carhart-Harris et al., British Journal of Psychiatry, 2012.

 

How can I find out about clinical trials involving psilocybin?

Visit ClinicalTrials.gov and search for ‘psilocybin’ to find ongoing and planned clinical trials involving psilocybin.

About Decriminalize California: Who is leading the initiative?

The initiative effort is led by Decriminalize California (the Committee for Mycological Research and Education) and its 800+ volunteers. The designated proponent of the initiative is Ryan Munevar.

Where is Decriminalize California headquartered?

Decriminalize California is based in Hollywood, however, the organization has teams across the state and volunteers in all 58 counties, with a significant presence in Orange and San Diego counties.

What is the Beckley Foundation? Who is Amanda Feilding?

The Beckley Foundation is a non-profit organization set up by Amanda Feilding in 1998 to initiate and carry out pioneering research into the therapeutic potential of psychedelics such as psilocybin. The Foundation’s other primary aim is to create a scientific evidence base for the reform of global drug policies, in order to mitigate the devastating collateral damage of the prohibitionist approach.

Collaborating with leading scientific institutions worldwide, including Imperial College London and Johns Hopkins University, the Foundation has initiated and sponsored some of the greatest breakthroughs in psychedelic science, including pioneering brain imaging studies on LSD, psilocybin, DMT, and MDMA, as well as clinical trials into psilocybin for depression and addiction, and more recently, laboratory-based research into the potential benefits of microdosing.

In accordance with Federal law, Decriminalize California receives no funding from the Beckley Foundation.

Is Decriminalize California affiliated with ‘Decriminalize Nature’?

No. Decriminalize California is not formally affiliated with Decriminalize Nature, however, some of Decriminalize California’s volunteers may also be involved with Decriminalize Nature on an individual basis.

How many signatures are required for the initiative to qualify?

623,212 valid signatures from registered voters in California are required for an initiative to qualify for the statewide ballot in 2020. However, typically one third of signatures collected are invalid (due to the signatory not being registered to vote, providing the incorrect address, and/or providing an illegible signature), therefore Decriminalize California will need to collect an estimated 1.1 million signatures.

When and where can I sign your initiative?

Signatures will be collected between January 1st and April 20th 2020. To sign the petition, you must be a United States citizen and registered to vote in California. Visit decrimca.org/initiative during the signature collection period to browse an interactive map with signing locations.

Does Decriminalize California sell psilocybin mushrooms? Where can I buy psilocybin mushrooms?

Decriminalize California does not give away, sell, or facilitate the sale of controlled substances. Individuals and organizations affiliated with Decriminalize California are prohibited from selling or facilitating the sale of controlled substances. It is prohibited to discuss the sale and purchase of controlled substances at Decriminalize California campaign events and through Decriminalize California’s online platforms.

Individuals wishing to access psilocybin legally must travel outside of the United States to a jurisdiction where psilocybin is legal. One currently legal route to accessing psilocybin within the United States is to be approved as a participant in a Federally-licensed clinical trial involving psilocybin, however such opportunities are relatively rare. Visit ClinicalTrials.gov and search for ‘psilocybin’ to find ongoing and planned clinical trials involving psilocybin.

About Our Approach: Is decriminalizing drugs an effective policy?

Yes. According to Time Magazine, The New York Times, and The Guardian, since Portugal decriminalized the personal possession of all drugs in 2001, the drug-induced death rate is five times lower than the European Union average and one-fiftieth of the United States rate; the HIV infection rate decreased by ninety-five percent between 2000 and 2015; overall drug use declined; and drug-related crimes decreased; addiction is now treated as a disease and not a crime.

Is a citizens’ initiative the right approach to changing the law?

Supporting drug decriminalization, as a policy, can sometimes be viewed as risky by elected officials and those seeking election to public office; for this reason, it can be difficult and slow to implement drug decriminalization through traditional legislative bodies. In contrast, a citizens’ initiative is a fast and direct way to change the law, which, by definition, ensures popular support.

 

How is Decriminalize California’s approach different to other decriminalization efforts in Oakland, California, and Denver, Colorado?

Decriminalization efforts in Oakland and Denver, led by other organizations, have designated the laws which prohibit the personal possession of psilocybin mushrooms as the lowest level priority for law enforcement; although such efforts are a step in the right direction, the laws prohibiting the personal possession of psilocybin mushrooms have not been repealed and theoretically police could still enforce them. Decriminalize California’s Initiative would remove psilocybin from California’s schedule of controlled substances altogether, thereby making it legally impossible for police to enforce laws prohibiting the personal possession of psilocybin.

Will the psilocybin mushroom market become monopolized by large enterprises?

The Initiative would create a level-playing field in which for-profit and not-for-profit entities can coexist. By regulating psilocybin mushrooms as a standard agricultural product, and avoiding excessive taxation and licensing requirements, there would be no significant barriers to entry for small businesses and cooperatives (beyond the standard barriers to entry which would apply to any ordinary business).

The broad provisions within the Initiative ensure that a variety of economic actors can play a part in the legal psilocybin marketplace; pharmaceutical companies wishing to sell psilocybin for medical and therapeutic purposes, organizations wishing to provide psilocybin for spiritual and religious purposes, dietary supplement manufacturers wishing to market psilocybin microdose products, and individual adults wishing to cultivate psilocybin mushrooms within their own home, would not be prevented from doing so.

How much would it cost to cultivate psilocybin mushrooms at home?

Decriminalize California’s own analysis estimates that the cost to produce one pound of dried mushrooms at home would be approximately $7-11 USD. There are 454 grams in one pound and a “heroic” dose of psilocybin mushrooms is 5 grams; therefore, there are approximately 90 “heroic” doses in one pound, and a “heroic” dose would cost 11.1 cents.

Disclaimer: the information on this page discusses hypothetical future changes to California state law following the approval of the California Psilocybin Decriminalization Initiative. The information on this page is not legal advice. The information on this page is not medical advice. For questions regarding the current laws pertaining to psilocybin, consult an attorney.

Most up-to-date version of this document: https://docs.google.com/document/d/1mUyhgXTriXn1n_XLTRokHK1phl0s9JhQ9ABjaOjvpQM/

 

 

 

 

 

 

https://www.change.org/p/california-department-of-food-and-agriculture-and-the-california-department-of-public-health-california-psilocybin-decriminalization

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