California is known for many things. | Celebrities: they’re just like us. The beautiful beaches and incredible mountain views are major attractions. Psilocybin mushrooms are illegal in every state in the United States except Florida (see below). But one California city has decriminalized magic mushrooms, and the state is currently planning a state-wide vote to legalize psilocybin mushrooms. Oakland City Council Member Noel Gallo stated that magic mushrooms have long been used “for providing healing, knowledge, creativity, and spiritual … The Santa Cruz City Council voted unanimously to approve a resolution that makes investigating and arresting people 21 and older for using, possessing or … California further bans selling, trading, importing, buying, or giving away the spores. Ultimately, the possession and use of psilocybin mushrooms are illegal in the United States. Oakland, California has decriminalized psilocybin mushrooms completely, becoming the only city in the state to do so. Election governance | ... Several cities in California as well as Washington, D.C., have moved to end arrests over mushroom possession. Click here to contact our editorial staff, and click here to report an error. Federal courts | Local measures | Proponents filed two versions of the ballot measure. Idaho and Georgia are the other two states. The ordinance would essentially prohibit local authorities from enforcing criminal penalties for possession of psilocybin mushrooms for personal use. Lawmakers believe that by preventing the manufacture, sale, and possession of psilocybin mushroom spores, these goals will be easier to meet—which is most unfortunate for law-abiding researchers. The mushrooms containing psilocybin are also known as magic mushrooms, hallucinogenic mushrooms, or shrooms. The proposed statutory amendment—named the California Psilocybin Decriminalization Initiative—would revise state drug laws to decriminalize the “personal possession, storage, use, cultivation, manufacturing, distribution in personal possession amounts without profit, transport, and consumption of psilocybin mushrooms” by individuals 18 and older. This proposition will decide the legal or decriminalized status of psilocybin in the entire state. This means that violators of drug possession laws could be put in prison for up to one year for the possession of small amounts of drugs. Largest cities | However, these spores cannot sold if used for the purpose of cultivating hallucinogenic mushrooms. California remains one of the most progressive states when it comes to psilocybin. Psilocybin in California: Magic Mushroom Laws in CA, USA Legal Guide California Spore Legality. Decriminalize California initially aimed simply to prevent arrests and jail time for possession and cultivation of mushrooms—not unlike city-level psychedelic decriminalization efforts that passed in Oakland and Santa Cruz. The requirements to get initiated state statutes certified for the 2020 ballot: Signatures are first filed with local election officials, who determine the total number of signatures submitted. But laws from nation to … The deadline to file signatures for Initiative #19-0016 was May 26, 2020. Possession of shrooms can lead to lifelong criminal records and hefty financial consequences. As of 2019, psilocybin was considered a Schedule I drug under the federal Controlled Substances Act and the state Controlled Substances Act. State Sen. Scott Wiener, D-San Francisco, said Tuesday that he plans to introduce a bill decriminalizing possession of hallucinogenic mushrooms and … Voting in California | State executives | But if you're a first time offender with no criminal record and you're charged with just simple possession, you might get a misdemeanor which means anywhere from 6 months to 3 years in county jail, depending on amount. [3], The official ballot title for Initiative #19-0027 was as follows:[4], Decriminalizes Psilocybin Mushrooms. Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Oakland City Council in California on Tuesday voted unanimously to decriminalize hallucinogenic fungi, otherwise known as … Public pensions | Denver, Colorado and Oakland, California have both signed legislation to decriminalize magic mushrooms opening the door for researchers to explore potential medical benefits. Psychedelic mushrooms, also referred to as shrooms, can be obtained in several forms, including dried, powder, capsule, tea and edibles. A Country-by-Country Guide Should magic mushrooms be legal? Under CRS 18-18-403.5, the penalties for possession of psilocybin mushrooms include from 6 to 12 months in prison and a fine of up to $100,000. of these substances are prohibited unless authorized for clinical trial or research purposes under Part J of the Food and Drug Regulations. Supreme Court | But with the introduction of a new decriminalization proposition, this might begin to change rapidly for the better. It goes further in proposing regulated, legal sales of mushrooms under the California Department of Agriculture and Department of Public Health. In the United States, however, magic mushrooms are still illegal in all 50 states. Unlike the mushroom, the spores do no contain any psilocybin and are this legal in the majority of States, with the exception of Georgia, California, and Idaho. The California Psilocybin Mushroom Decriminalization Initiative (#19-0016 and #19-0027) was not on the ballot in California as an initiated state statute on November 3, 2020. The proposition would decriminalize personal use, possession and cultivation of psilocybin mushrooms for Californians over 18. Known informally as “simple possession,” a conviction under this statute can carry a … Sen. Scott Wiener, D-San Francisco, plans to introduce legislation that would decriminalize possession of hallucinogenic mushrooms and other psychedelic drugs in California. Simple possession in California violates Heath and Safety Code 11350, which prohibits individuals from possessing narcotics or controlled substances without a valid prescription. In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast in the preceding gubernatorial election. Signatures were not filed for the proposal. Annual state costs to regulate psilocybin businesses, ranging from minimal to the tens of millions of dollars. Both of these substances are controlled under Schedule III of the Controlled Drugs and Substances Act (CDSA), meaning activities such as sale, possession, production, etc. Oregon votes to decriminalize possession of small amounts of hard drugs. Applies to individuals at least 18 years of age, and to individuals under 18 years of age as prescribed by a doctor. This vote will happen in November of 2020. Ballot measure laws | Campaign finance requirements, Who represents me? From Marijuana To Mushrooms, Voters Want Drug Laws Eased Several states approve marijuana for recreational and medicinal use. But the state is also well-known for its relatively progressive laws and politics. Some or all of these costs could eventually be partially or fully offset by fee revenue. You should know that, as of 6/18/2020, psilocybin is still considered an illegal drug in most of California. Superior Courts, Budget and finances | School districts in California | The full text of the ballot measure is available for Initiative 19-0016 and Initiative 2019-0027. Redistricting, List of California ballot measures | If less than 95 percent are estimated to be valid, the initiative does not make the ballot. In the United States, possession of psilocybin-containing mushrooms is illegal because they … California: There are laws in California specifically banning In many national, state, and provincial drug laws, there is a great deal of ambiguity about the legal status of psilocybin mushrooms, as well as a strong element of selective enforcement in some places, since psilocybin and psilocin are deemed illegal to possess without license as substances, but mushrooms themselves are not mentioned in these North Florida Shroom Guide's Excellent State by State Mushroom Law … Both would have amended state code to decriminalize the personal possession, cultivation, and use of psilocybin mushrooms without profit for persons who are at least 18 years old. [5], The fiscal impact statement for Initiative #19-0027 was as follows:[4], One-time state and local court and law enforcement costs in the tens of millions of dollars primarily related to the identification and destruction of arrest and conviction records for psilocybin-related crimes. | Specific California Psilocybin Law. Taxes. disputes, lawsuits, and recounts, Submit a photo, survey, video, conversation, or bio. Drug laws in this state leave the courts with quite a bit of discretion. Technically, it's a felony because you're in possession of a controlled substance (psilocybin). The “caps vs. stems” debate has been raging within the magic mushroom community for years. The jurisdiction still prohibits the possession of both psilocybin mushrooms and psilocybin spores. Local law enforcement officials are respecting the stipulations of the May 2019 vote in which Denver residents decriminalized psilocybin, but still going after mushroom dealers. Possession and selling of fresh mushrooms and spores (dried mushrooms are almost always illegal) is still legal in many places around the world. As of now, there does not seem to be a substantive movement for medical legalization of psilocybin mushrooms in the state, despite the evidence suggesting that psilocybin could benefit sufferers from a variety of disorders. The ballot measure would have defined psilocybin mushrooms as "fungal matter containing psilocybin, psilocyn, baeocystin, or nor-baeocystin, including spores. Authorizes Dismissal of Prior Psilocybin-Related Convictions. Reduced costs, not likely to exceed a few million dollars annually, to state and local governments related to enforcing psilocybin-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising psilocybin offenders. State legislature | The answer often depends on... Where Are Magic Mushrooms Legal? 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