California psychedelics activists are embarking on a bold journey, filing a petition for the 2022 ballot to make the state the first in the nation to legalize psilocybin mushrooms for any use.
The measure—titled the California Psilocybin Initiative—would legalize the “personal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms” for adults 21 and older.
Further, the initiative would allow for the cultivation, retail sale, social sharing and on-site consumption of the psychedelic.
There would be no limits on personal possession—a policy that has stirred controversy in the state legislature over separate legislation to legalize possession of a wide range of psychedelics that has already passed the Senate but which in its most recent Assembly committee consideration had certain limits added in an effort to build support.
Activists with Decriminalize California submitted the petition to the state attorney general’s office on Monday. That initiated a 30-day public comment period that will last until August 11. If the office accepts the measure and assigns it a title and summary, the group will need to collect 623,212 valid signatures from registered voters within 180 days.
While this proposal goes further than the psilocybin measure that Oregon voters approved last year, which made it legal for therapeutic use in a clinically supervised setting, it does still have a specific medical component.
Healthcare professionals “may recommend Psilocybin or Psilocybin Mushrooms for use in minors and adults under the age of 21, for the treatment of specific and appropriate indications,” it says.
The California Department of Food and Agriculture would be responsible for overseeing the implementation of the program overall. Meanwhile the state Department of Consumer Affairs and the Health and Human Services Agency would be required to “adopt and implement the qualification requirements and protocols for Psilocybin Mushroom-assisted therapy created by an independent professional certifying body. ”
Activists made a concerted effort in the measure to ensure the psilocybin products are generally treated like other legal commodities. For example, the products would not be subject to any licensing requirements, fees or taxes that “exceed the amount charged or assessed for comparable non-Psilocybin Mushroom related businesses.”
Psilocybin that’s sold for “medical, therapeutic, religious or spiritual purposes” wouldn’t be subject to any sales or excise tax at all. Those that are marketed as dietary supplements would be taxed “at the local sales tax rate at the point of sale.”
“Psilocybin Mushrooms and Psilocybin Mushroom Businesses shall be regulated as closely as practicable to non-psychoactive agriculturally produced mushrooms” except for specific labelling requirements, the measure says. The labels must include a universal symbol and a warning statement advising consumers to keep them out of…
Read more:California Activists File Psilocybin Legalization Ballot Measure As Legislature