Are Mushrooms Legal in California?
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Hi there, fellow mushroom lovers! If you’re wondering whether you can legally enjoy some magic mushrooms in the Golden State, you might be disappointed by the answer. Mushrooms are still illegal in California, with some exceptions. In this blog post, I’ll explain the current laws and regulations for mushrooms and other psychedelics in California, and what the future might hold for these substances.
What are mushrooms and why are they illegal?
Mushrooms, or shrooms, are a type of fungus that contain psilocybin and psilocin, two chemicals that can cause hallucinations, altered perception, and enhanced mood. Some people use mushrooms for spiritual, recreational, or therapeutic purposes. However, mushrooms are also classified as Schedule I drugs by the federal government, which means they have no accepted medical use and a high potential for abuse.
The federal law
The federal law applies to all states, including California. Therefore, it is illegal to grow, possess, sell, or use mushrooms in California. The penalties for mushroom possession can vary depending on the amount and the circumstances, but they can include fines, jail time, or even prison time.
The state law
California has its own laws and regulations for mushrooms and other drugs. For example, California Health and Safety Code Section 11390 makes it a felony to possess psilocybin or psilocin with intent to sell. California Health and Safety Code Section 11391 makes it a misdemeanor to possess any spores or mycelium capable of producing mushrooms containing psilocybin or psilocin.
Are there any exceptions for mushroom use in California?
There are some exceptions for mushroom use in California, but they are very limited. One exception is for mental health treatment in supervised settings. Another exception is for personal use in some cities that have decriminalized mushrooms and other natural psychedelics.
Mental health treatment
Since February 2021, the California Department of Justice has allowed certain patients to use psilocybin as part of a clinical trial or a compassionate use program. These patients must have a serious or life-threatening condition that does not respond to conventional treatments, and they must be under the care of a licensed physician.
Decriminalization
Some cities in California have decriminalized mushrooms and other natural psychedelics. These cities include Oakland, Santa Cruz, Arcata, and Berkeley. Decriminalization means that these substances are not a priority for law enforcement, and people who possess them for personal use will not be arrested or prosecuted. However, decriminalization does not mean legalization. It is still illegal to sell or distribute mushrooms in these cities, and people who use them can still face legal consequences if they violate other laws or harm others.
What is the future of mushroom legalization in California?
There is a growing movement to legalize mushrooms and other psychedelics in California and across the country. Many advocates argue that these substances have medical benefits for treating conditions such as depression, anxiety, PTSD, addiction, and end-of-life distress. They also claim that these substances can enhance creativity, spirituality, and personal growth.
The Senate bill
In 2023, a bill was introduced in the California Senate that would have decriminalized the possession, sharing, and non-commercial exchange of certain psychedelics for people 21 and older. These psychedelics included mushrooms, peyote, San Pedro cactus, ayahuasca, DMT, ibogaine, and mescaline. The bill also would have required the state to form a group to study and make recommendations about the therapeutic use of these substances.
The veto
However, Governor Gavin Newsom vetoed the bill in October 2023. He said that more work needed to be done before California decriminalized these substances. He said that the state should set up regulated treatment guidelines with dosing information, therapeutic guidelines, rules to prevent exploitation during guided treatments, and medical clearance of no underlying psychoses.
The reaction
The bill’s sponsor, Senator Scott Wiener from San Francisco, said that he was disappointed by the veto but hopeful that the bill would pass in the future. He said that he would continue to work with the governor and other stakeholders to find a way forward.
Conclusion
So there you have it: mushrooms are still illegal in California, with some exceptions. If you want to use mushrooms legally in California, you have two options: either enroll in a clinical trial or a compassionate use program with a doctor’s approval; or move to one of the cities that have decriminalized mushrooms and other natural psychedelics.
However, if you decide to use mushrooms illegally in California or anywhere else, please be careful and responsible. Mushrooms can have unpredictable effects on different people and can interact with other drugs or medications. They can also cause physical or psychological harm if taken in excess or in unsafe settings.
I hope you enjoyed this blog post and found it informative. Thank you for reading!
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