For decades, psychedelics were strictly regulated as prohibited Schedule I substances. However, clinical research highlighting their potential to treat depression, anxiety, and post-traumatic stress disorder (PTSD) led lawmakers to reconsider criminal penalties.

State Senator Scott Wiener introduced legislation such as Senate Bill 519 and its successor, Senate Bill 58, to end criminal penalties for personal possession and create mechanisms to expunge prior drug convictions.

While legislative attempts to pass statewide decriminalization made significant progress, classic psychedelics remain illegal under California state law.

What Are Psychedelics?

Psychedelics are psychoactive substances that alter perception, mood, and cognitive processes. Naturally occurring or synthesized compounds evaluated under proposed California legislation include:

• Psilocybin and Psilocin: The active hallucinogenic compounds found in "magic mushrooms".

• DMT (Dimethyltryptamine): A plant-based psychoactive compound naturally present in ayahuasca.

• Mescaline: A compound found in certain cacti (such as San Pedro). Note: California Health and Safety Code Section 11363 continues to prohibit the cultivation of peyote or mescaline-containing cacti.

• Ibogaine: A naturally occurring psychoactive substance derived from the iboga plant.

• MDMA, LSD, and Ketamine: Synthetic or semi-synthetic substances that were initially introduced under SB 519 but later removed from subsequent decriminalization bills.

Core Provisions of California Psychedelic Decriminalization Bills

Legislative reform efforts led by Senator Wiener aimed to transition California away from punitive drug enforcement toward a public-health-centered model. Key elements of these proposed bills included:

• Personal Use Decriminalization: Eliminating criminal penalties for adults aged 21 and older who possess, transport, or cultivate specified quantities of plant- and fungi-based psychedelics for personal use.

• Expungement of Past Criminal Records: Automatically clearing or sealing prior criminal convictions for offenses that would no longer be illegal under the updated statutes.

• Exemption of Paraphernalia: Removing criminal penalties associated with testing strips and drug paraphernalia used to verify chemical purity and prevent accidental overdoses.

• Facilitated & Therapeutic Pathways: Creating state advisory panels to develop regulated frameworks for psychedelic-assisted therapy and mental health treatments.

Current Legal Status of Psychedelics in California

Despite passing the state legislature, broad statewide decriminalization of psychedelics is not currently California law.

• Legislative History: SB 519 was narrowed during committee hearings. Its updated successor, SB 58, passed both houses of the California Legislature in 2023 but was vetoed by Governor Gavin Newsom. Governor Newsom cited the need for established therapeutic guidelines, safety protocols, and medical clearance systems before expanding public access.

• Local Municipal Resolutions: While statewide law still criminalizes possession, several California cities—including Oakland, Santa Cruz, and San Francisco—passed local resolutions making the enforcement of laws against plant-based psychedelics a low priority for local police.

• Lawful Clinical Trials: Possessing, selling, or cultivating psychedelics outside of authorized clinical research studies remains illegal under both California state law and federal law.

Frequently Asked Questions 

Are magic mushrooms legal in California?

No. Psilocybin and psilocin remain Schedule I controlled substances under California state law and federal law. While some cities have deprioritized police enforcement, statewide possession remains illegal.

What happens to past criminal convictions under a decriminalization bill?

If a decriminalization bill containing record-clearing provisions becomes law, individuals with past convictions for covered possession charges can petition the court to have their criminal records expunged or automatically sealed.

Does decriminalization allow commercial retail sales or dispensaries?

No. Proposed decriminalization legislation in California focused solely on personal possession, cultivation, and non-commercial sharing among adults 21 and older. Commercial retail stores and public sales were not permitted.

Why did Governor Gavin Newsom veto Senate Bill 58?

Governor Newsom vetoed SB 58 because it decriminalized personal possession before the state established regulated therapeutic frameworks, dosing standards, safety guidelines, and medical screening requirements.

What is the difference between decriminalization and full legalization?

Decriminalization removes criminal penalties (such as arrest or jail time) for personal possession up to a specified limit. Legalization creates a regulated commercial market where businesses can legally produce, distribute, and sell substances to the public.

The Esfandi Law Group in Los Angeles can help you. Schedule your free consultation today.