Illustration by Anne Wernikoff, CalMatters
Amid growing scientific research into therapeutic uses for psychedelic drugs and a progressive push to soften punishment for drug crimes, California lawmakers are considering a bill to legalize magic mushrooms, Ecstasy and several other hallucinogenic substances.
The proposal has set off an intense debate over how far California should go to embrace novel medical treatments and destigmatize drug use without compromising public safety. While research into the potential benefits of psychedelics to treat PTSD, depression and anxiety is becoming increasingly mainstream in academic settings, the bill goes beyond medical applications to allow recreational use of psychedelics.
Senate Bill 519 would decriminalize the possession and non-commercial sharing of psychedelics by people age 21 or older. It would not permit the sale of psychedelics in government-sanctioned shops the way cannabis is allowed under state law, but sets up the framework for California to move toward regulating psychedelic drugs in the future.
The measure passed a major hurdle last week, clearing the state Senate with the bare minimum of votes necessary, and now moves to the Assembly, where it will likely continue to divide Democrats who control the Legislature.
“We’ve addressed the issue of drug use by trying to arrest and incarcerate as many people as possible, and it hasn’t worked.”
— Sen. Scott Wiener, author of bill to decriminalize psychedelic drugs
The debate comes five years after California voters legalized cannabis and a year after Oregon voters legalized the use of psychedelic mushrooms in a therapeutic setting and decriminalized possession of small amounts of all drugs. Part of a growing movement to combat the War on Drugs, the California bill would mean that a psychedelic trip does not result in a trip to the police station.
“We’ve addressed the issue of drug use by trying to arrest and incarcerate as many people as possible, and it hasn’t worked,” said Democratic Sen. Scott Wiener of San Francisco, the bill’s author. “This War on Drugs hasn’t reduced drug use. It hasn’t reduced addiction. It hasn’t reduced overdoses. It’s made the problem worse.”
He’s pushing the measure as a way to expand treatment for mental illnesses and roll back criminal justice policies that he sees as discriminating against people of color.
However, some lawmakers say that Wiener’s approach goes too far. Among the drugs it would legalize is ketamine, which, according to law enforcement officials, is sometimes used to facilitate sexual assaults.
“I don’t know why in the world we would be contemplating legalizing a drug like ketamine, used to incapacitate young women and girls for the purposes of raping them,” GOP Sen. Melissa Melendez of Temecula said during a heated debate last week on the Senate floor.
Law enforcement groups also oppose the bill. The Peace Officers’ Research Association of California — a federation of police unions — argues that it would lead to more drug dealing and crime.
“We believe many of the penalties related to controlled substances work as a deterrent or a reason for individuals to get the treatment they need to turn their lives around,” the group wrote to the Senate Public Safety Committee. “As we have seen so many times, it is often the most vulnerable populations, and those who have the weakest support systems, that will be most susceptible to the increased access and use of drugs.”
“I don’t know why in the world we would be contemplating legalizing a drug like ketamine, used to incapacitate young women and girls for the purposes of raping them.”
— Sen. Melissa Melendez, opponent of bill to legalize psychedelic drugs
Democrats are divided over the proposal.
Sen. Bob Archuleta, a Pico Rivera Democrat, said he voted against the bill because it would legalize psychedelics before lawmakers have more information about their effects. The bill would set up a working group in the state Department of Public Health to research psychedelic substances in greater depth. Archuleta said he’d rather wait to receive definitive guidance from the group.
In Wiener’s eyes, there is no time to wait. Lives are on the line. Suicide rates of veterans were signficantly higher than the national suicide rate, according to 2016 data from the U.S. Department of Veterans Affairs.
Published: June 10, 2021
Founder & Interim Editor of L.A. Cannabis News