Businesses hoping that the state of California would approve a bill that would loosen restrictions on plant-based hallucinogens were likely disappointed by the vetoing of Senate Bill 58.
In October, California Governor Gavin Newsom vetoed the bill, stating that there weren’t enough regulated treatment guidelines in place yet. However, Newsom indicated that changes to laws governing plant-based hallucinogens could still be on the horizon, which could mean opportunities may be available for your cannabis business to expand.
Here’s what you need to know about these shroom legalization efforts and why it’s critical that your cannabis business begins preparing now.
What Did Senate Bill 58 Propose?
Senate Bill 58, introduced by Senator Scott Wiener, would have decriminalized adults older than 21 owning or preparing some hallucinogenic substances, including:
- Psilocybin
- Psilocyn
- Dimethyltryptamine (DMT)
- Ibogaine
- Mescaline
Although the Drug Enforcement Agency (DEA) considers psilocybin a Schedule I drug, facilitated psilocybin services are legal in Oregon and Colorado, where the substance can be used to treat several psychological conditions like major depressive disorder and post-traumatic stress disorder (PTSD).
However, it’s important to note that there is a difference between decriminalization and legalization. Decriminalization does not mean legal. When a substance is legalized, an adult can use it without any legal consequences.
Decriminalization does not legalize the substance but instead reduces any harsh criminal penalties associated with those caught with the drug in their possession. For example, a person may receive a fine (like a traffic ticket) from law enforcement but will not be arrested or serve jail time.
What Was The Governor’s Response?
In October 2023, the California governor vetoed SB 58 after the bill cleared the California State Senate.
In a letter explaining his decision, Newsom wrote that psychedelics have proven to relieve people suffering from conditions like depression and PTSD. He also stated that he hopes California will be on the front end of an “exciting frontier” in using psychedelics to treat these conditions.
However, he said that before he could approve the bill, the state would first need “regulated treatment guidelines.” These guidelines must include information like dosing and rules to protect patients from being exploited during treatment.
“Unfortunately, this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it,” he said in the letter.
What Do These Potential Changes Mean For Your Business?
For cannabis companies operating in California, the legalization of mushrooms and other psychedelic substances offers opportunities for the expansion of services but challenges that come with that type of expansion.
One of those challenges involves preparing your cannabis waste disposal process for any new waste streams. In order to remain compliant with expanding state and federal laws, you will need to carefully work with cannabis waste disposal companies to ensure your waste management meets all required laws.
This is why working with cannabis disposal services that have their finger on the pulse of evolving state and federal regulations is key to ensuring any expansion of your business operations goes smoothly.
Some of the areas you will want to ensure your business is compliant in ahead of time includes:
- License applications
- Waste stream identification
- Proper disposal
- Mitigation of potential sources of waste odor
- Storage of substances
- Securing of waste on licensed premises
- Proper employee training
There are changing attitudes toward psychedelic substances in California and the United States. Although the governor vetoed Senate Bill 58, he left room for future consideration if certain protocols, rules and treatment guidelines are proactively put into place.
That could mean legislators could decriminalize psilocybin and other psychedelics right around the corner and, possibly following it, legalize psilocybin. No matter what is on the horizon, keep in mind that cannabis laws are continually evolving. It’s important to stay on top of cannabis industry news to ensure your business is prepared now and in the future.
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