The California Psilocybin Initiative 2022
Common Mistakes To Avoid
If you are lucky enough to have access to an 11″x17″ capable printer then you can print petitions sheets that when folded turn into 4 pages and has a total of 17 signature spots.
Remember the sheet is still only good for one county of registered voters so after you start the sheet make sure to add the county name at the top of each section.
So if the first signature comes from a registered voter in Los Angeles County then all the following signatures on that sheet must be from Los Angeles County registered voters.
Please download and print double-sided.
Note for College Teams: Most colleges and universities give their students a certain number of printing credits per semester so check your school to see what you get and take advantage of it.
Please mail both signed sheets to:
Decriminalize California 2022
1615 Wilcox Ave
P.O. Box 1630
Los Angeles, CA 90078
SECTION 1. Title. This measure shall be known and may be cited as the “California Psilocybin Initiative”.
SEC. 2. Section 11395.100 to 11395.260 are added to the Health and Safety Code, to read:
§ 11395.100 Purposes. The purpose of this act is to implement a comprehensive, statewide scheme authorizing and regulating the cultivation, processing, and distribution of Psilocybin Mushrooms and the chemical compounds contained therein for personal, medical, therapeutic, spiritual, religious, and dietary use. The subjects addressed by this Act are a matter of statewide concern.
§ 11395.110 Definitions.
“Adult” means an individual eighteen (18) years of age or older.
“Endanger others” does not mean and shall not include lawfully using, ingesting, possessing and/or cultivating Psilocybin Mushrooms within the same residence or adjoining outhouses and rooms or in a commercial building of any type, unless additional conduct is demonstrated by clear and convincing evidence that such acts have in fact become imminently dangerous to human safety, in addition to mere lawful use, ingestion, possession, or cultivation.
“Excessive” means any requirement or fee that exceeds a normal, usual, or reasonable requirement based on expenses incurred or required fee.
“Impaired” in reference to Psilocybin Mushroom impairment, refers to significantly diminished physical or mental capabilities to the extent a person cannot safely operate a motor vehicle.
“Individual” means a natural person.
“Indoors” means within a fully enclosed and secure structure which can only be entered through a locked door that requires a key or combination to open and which is secure against unauthorized entry.
“Manufacture” means the manufacture, planting, cultivation, growing, harvesting, production, preparation, propagation, compounding, conversion, or processing of a Psilocybin Mushroom product, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the psilocybin product or labeling or relabeling of its container.
“Minor” means an individual under 18 years of age.
“Outdoors” means any location that is not “indoors” as defined herein.
“Psilocybin” means Psilocybin ([3-[2-(dimethylamino)ethyl]-1H-indol-4-yl] dihydrogen phosphate), Psilocin (3-[2-(dimethylamino)ethyl]-1H-indol-4-ol), Baeocystin ([3-[2-(methylamino)ethyl]-1H-indol-4-yl] dihydrogen phosphate), Norbaeocystin ([3-(2-aminoethyl)-1H-indol-4-yl] dihydrogen phosphate), and their isomers and analogs, whether naturally-derived or synthetically-produced.
“Psilocybin Mushrooms” means Mushrooms, Truffles, Sclerotia, or Mycelium containing Psilocybin, or any of the aforementioned in extracted form, or spores capable of producing Psilocybin Mushrooms, or products containing Psilocybin, including but not limited to, powdered mushrooms, microdosing capsules, macrodosing capsules, teas, tinctures, chocolates, beverages, and edible products.
“Psilocybin Mushroom Business” is a California for-profit or nonprofit entity or natural person that is a resident of California that cultivates, manufactures, wholesales, or retails Psilocybin Mushrooms, and includes, but is not limited to, Psilocybin Mushroom manufacturers, Psilocybin Mushroom distributors, Psilocybin Mushroom retailers, analytical laboratories that test Psilocybin Mushrooms, and medical Psilocybin Mushroom organizations.
§ 11395.120 Psilocybin Mushrooms. The personal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms by adults 21 years of age and over, including but not limited to the cultivation, manufacture, processing, production of Psilocybin Mushroom edible products and extracts (with or without solvents) derived from Psilocybin Mushrooms, distribution, transportation, possession, storage, consumption, social consumption, on-site consumption, public events, farmers’ markets, and retail sale, whether or not for profit, shall be lawful in this state and is a matter of statewide concern.
§ 11395.130 Personal Protections. It shall be lawful and not a violation of California law for an adult 21 years of age and over:
(a) To use an unlimited quantity of Psilocybin Mushrooms in one’s home or on any privately owned property in a manner that does not endanger others or violate this division;
(b) To possess an unlimited quantity of Psilocybin Mushrooms;
(b) To be under the influence of Psilocybin Mushrooms, except as provided in this Act and as provided in subdivision (f) of section 647 of the Penal Code; and
(c) To cultivate Psilocybin Mushrooms indoors, or outdoors on private property to which access is restricted by fencing where such cultivation is not visible from outside such property, and with the consent of the owner of such property. Cultivation must comply with any local or State nuisance regulations, provided the nuisance regulation is not based solely on the presence and/or cultivation of Psilocybin Mushrooms, nor crafted to primarily target Psilocybin Mushroom cultivation and/or possession. No local regulation may be so excessive or burdensome as to make it functionally impractical for adults who are 21 years of age and over to cultivate Psilocybin Mushrooms as otherwise authorized in this section.
§ 11395.140 Reasonable Regulation.
(a) Implementation of this Act shall be the responsibility of the California Department of Food and Agriculture, hereafter “CDFA”.
(b) No license, fee, fine, or tax, on a Psilocybin Mushroom business shall exceed the amount charged or assessed for comparable non-Psilocybin Mushroom related businesses.
(c) Psilocybin Mushrooms and Psilocybin Mushroom Businesses shall be regulated as closely as practicable to non-psychoactive agriculturally produced mushrooms, except as defined in § 11395.180, provided that no regulation may be so excessive or burdensome as to make it impractical for Psilocybin Mushroom Businesses to operate and earn a profit unless otherwise authorized herein.
(d) The State of California and its agencies and employees shall not disclose and shall protect the identities of all persons, individuals, and legal entities engaged in Psilocybin Mushroom commerce or use, unless there is a court order or search warrant expressly authorizing the release of such information on a case by case basis.
(e) Any Psilocybin Mushroom packaged for retail sale must provide a list of active substances.
§ 11395.150 Therapeutic and Medical Research and Treatment.
(a) The State of California and its agencies shall allow research into the therapeutic and medical applications of Psilocybin and Psilocybin Mushrooms.
(b) Qualified healthcare practitioners may use Psilocybin and Psilocybin Mushrooms for research, treatment, and personal development purposes.
(c) Psilocybin Mushroom-assisted therapy may be delivered by qualified practitioners who have obtained specialized training certifications to administer Psilocybin or Psilocybin Mushrooms for specific indications.
(d) Qualified healthcare practitioners 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.
(e) Engaging in Psilocybin or Psilocybin Mushroom-assisted therapy shall not be grounds for revocation of the license of a licensed healthcare professional.
(f) The California Department of Consumer Affairs and the California Health and Human Services Agency shall adopt and implement the qualification requirements and protocols for Psilocybin Mushroom-assisted therapy created by an independent professional certifying body.
§ 11395.160 Implementation.
Starting January 1, 2023, any Psilocybin Mushroom Business operating on land that is zoned for commercial agricultural production and approved by the CDFA for food production can begin the cultivation, manufacturing, and wholesale distribution of Psilocybin Mushrooms. Starting April 19, 2023, any business that is incorporated in California and possesses a California Seller’s Permit can begin retail sales of Psilocybin Mushrooms to adults 21 years of age and over.
§ 11395.170 Analytical Testing. Any laboratory that is approved and permitted by the CDFA and holds an active ISO/IEC 17025 accreditation may test the Psilocybin content of Psilocybin Mushrooms.
§ 11395.180 Labeling.
The packaging of a Psilocybin Mushroom Product shall include:
(a) The Universal Psilocybin Symbol:
No law or regulation may be enacted which:
Defines a serving or dose of Psilocybin or Psilocybin Mushrooms.
§ 11395.190 Penalties. Violations of any statute or regulation enacted or promulgated to implement this Act shall not constitute a public offense and shall not be punished by incarceration or imprisonment.
§ 11395.200 Local Control. A city and or county may ban or limit the number of Psilocybin Mushroom Businesses within its boundaries, if such restriction has been placed on the ballot by petition in accordance with the procedures for an initiative, or by the city council or board of supervisors, and approved by the voters within that jurisdiction at a statewide election held in November.
§ 11395.210 Discrimination Prohibited. This section shall not apply to employers or employees in safety-sensitive occupations covered by U.S. Department of Transportation regulations (49 CFR Part 40). Except as provided in this division, no person shall refuse to provide services or benefits or increase the charge for services or benefits, based on the lawful use, cultivation, possession, storage, or sales of Psilocybin Mushrooms including but not limited to the following: (a) A license, permit, or other entitlement for use including all business, professional, trade, and land use licenses and permits, and all other entitlements for use, and all entitlements for land use, all contracts, and all franchises; (b) Utility services.
(a) Unless the health or wellbeing of a minor is in danger as a result of the cultivation of Psilocybin Mushrooms in compliance with this division, the mere presence of one or more minors in a household shall not render such cultivation unlawful, per se, nor shall such cultivation be used to make a jurisdictional determination of risk of harm to a child in the state of California, nor shall such cultivation diminish parental rights or justify the removal of a child from the home, even temporarily.
(b) If a minor, or an adult 18 years of age or older but under 21 years of age, is found to be cultivating, extracting, manufacturing, distributing, transporting, in possession of or consuming Psilocybin Mushrooms without parental consent, the maximum penalty for such offense shall be no greater than a mandatory drug education program, and no conviction shall remain on the juvenile record of such a minor.
§ 11395.230 Taxes. Psilocybin Mushrooms that are sold or grown for medical, therapeutic, religious, or spiritual purposes shall not be subject to any sales, use, or excise tax. Products labeled and sold as dietary supplements shall be taxed at the local sales tax rate at the point of sale.
§ 11395.240 Lawful Conduct. No conduct deemed lawful by this initiative shall constitute the basis for detention, search, or arrest. Psilocybin Mushrooms involved in any way with conduct deemed lawful by this initiative are not contraband nor subject to seizure.
§ 11395.250 Federal Prosecution Assistance. No information is required to be provided to any State or local governmental agency by this division, or in connection with any activity regulated by this division, may be released to an agency or agent of the Federal government in connection with a Federal investigation or prosecution of a person for any activity that is lawful under California law.
§ 11395.260 Out-of-State Distribution and Transport. This Act shall not be construed to authorize or permit the transportation or distribution, or cause to be transported or distributed, Psilocybin Mushrooms or Psilocybin Mushroom products outside the state and country, unless authorized by Federal law.
SEC. 3. Liberal Construction. This Act shall be liberally construed to effectuate its purposes.
SEC. 4. Severability. The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5. Conflicting Measures. In the event that this measure and another measure or measures concerning Psilocybin Mushrooms appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void.
SEC. 6. Sections 11390 and 11391 of the California Health and Safety Code – HSC are hereby repealed.
SEC. 7. Amendment. The provisions of this Act may be amended by the Legislature to further the purposes of this Act by a statute passed in each house by roll call vote entered in the journal, two-thirds of the membership concurring. Any implementation legislation enacted pursuant to this Act shall require only a majority vote in each house.
SEC. 8. Legal Defense by the Attorney General. The California Attorney General shall protect and defend this Act from any and all challenges in the courts of any jurisdiction to final judgment.