California Governor Gavin Newsom vetoes bill decriminalizing psychedelics

An attempt to decriminalize psychedelic substances was thwarted after California’s governor vetoed the bill, saying the bill lacked dosing guidelines and other key provisions that he said would have made it safer.

To the dismay of psychedelic advocates across the state, on October 7, California Governor Gavin Newsom vetoed Senate Bill 58, which sought to restrict the possession and personal use of several hallucinogens, including psilocybin mushrooms decriminalize. Newsom announced in his announcement that he had vetoed SB-58 and 43 other bills.

The bill would have allowed people 21 and older to possess psilocybin and other psychedelic substances including dimethyltryptamine (DMT) and mescaline. The bill would have taken effect in 2025 and would have required the California Health and Human Services Agency to study the therapeutic use of psychedelic substances and make recommendations to lawmakers.

Newsom said he would approve a bill if it contained stricter guidelines. “California should immediately begin establishing regulated treatment guidelines – with dosing information, therapeutic guidelines, rules to prevent exploitation during guided treatments, and a doctor’s certification of the absence of underlying psychoses,” Newsom’s statement said. “Unfortunately, this bill would decriminalize possession before these policies take effect and I cannot sign it.”

BREAKING: Gov. Gavin Newsom is vetoing a bill that would have legalized the personal use of magic mushrooms and other herbal psychedelics in California.

In his veto note, he wrote that he wanted guidelines to be established first. pic.twitter.com/yxGTMF79OT

— Ashley Zavala (@ZavalaA) October 7, 2023

State Senator Scott Wiener, who authored the bill, said vetoing the bill would be a step backwards for California and claimed that people caught with psychedelics would continue to be treated as criminals.

“This is a setback for the large number of Californians – including combat veterans and first responders – who safely use and benefit from these non-addictive substances and who now continue to be classified as criminals under California law,” Wiener said in a statement Saturday. “There is undeniable evidence that criminalizing access to these substances only serves to make people less safe and reduce access to help.”

Governor Newsom vetoed SB 58, our bill to decriminalize mushrooms and other naturally occurring psychedelics.

Therefore, individuals who benefit from these non-addictive substances remain criminals under California law for now.

Our fight is not over yet. We will come back with the legislation next year. pic.twitter.com/Dehiz9mG0K

— Senator Scott Wiener (@Scott_Wiener) October 7, 2023

“Governor Newsom vetoed SB 58, our bill to decriminalize mushrooms and other naturally occurring psychedelics,” Wiener tweeted. “Therefore, individuals who benefit from these non-addictive substances remain classified as criminals under California law. Our fight is not over yet. We will come back with the legislation next year.

It’s not the first attempt by lawmakers to decriminalize psychedelics in California. Wiener tried unsuccessfully last year to pass a more comprehensive bill that would also have decriminalized the use and possession of LSD and MDMA.

Last month, 17 bills related to cannabis and psychedelics were handed to the governor, including SB-58. The bills include a variety of proposals that Newsom must either sign, veto or refuse to sign and have them approved without his signature.

In the past, Newsom has expressed support for cannabis and psychedelics but has vetoed efforts he deemed rushed or ill-prepared.

The California legislature approved the bill

This bill was approved by the California legislature and sent to Governor Gavin Newsom on September 13th. It would legalize the possession, cultivation and transportation of substances such as psilocybin, psilocin, DMT and mescaline. The bill was spearheaded by Senator Scott Wiener, who believes it will help many patients, particularly military veterans, in the state.

“California’s veterans, first responders and others struggling with post-traumatic stress disorder, depression and addiction deserve access to these promising herbal medicines,” Wiener said as the bill passed the Assembly. “SB-58 has prudent safeguards after considering feedback from three years of intensive engagement with a broad range of stakeholders. We know that these substances are non-addictive, and they show tremendous promise in treating many of the most intractable disorders driving our nation’s mental health crisis. It’s time to stop criminalizing people who use psychedelics for healing or personal well-being.”

Other states are quickly moving forward with bills to loosen laws surrounding psychedelics. In 2020, Oregon voters approved a bill that decriminalized small amounts of psychedelics. The state was the first to approve the supervised use of psilocybin in therapeutic settings. Colorado voters approved a ballot measure last year to decriminalize psilocybin mushrooms and establish federally regulated centers.

Things are moving quickly: The US Federal Drug Administration (FDA) designated psilocybin as a “breakthrough therapy” for treatment-resistant depression in 2019. Additionally, the recently released draft guidelines on the use of psychedelics in clinical trials advance the movement.

In the future, lawmakers will be able to override a governor’s veto with a two-thirds majority, but that hasn’t been possible in decades.

There are already other ways California voters could decriminalize psychedelics in California. Advocates are working hard to put two initiatives to expand psychedelic use on the November 2024 ballot. A bill would legalize the use and sale of mushrooms for adults 21 and older. The other bill would provide $5 billion in state funding to establish a state agency tasked with researching psychedelic-assisted therapies.