Because of the intent requirement, the scope of Section 11391 is quite narrow, and this particular section by its terms does not prohibit the sales, possession for sales, and, transportation for sale of mushrooms or other material which contain psilocyn or psilocybin unless there is specific intent.
#PSILOCYBIN SPORE CODE#
This means that, depending upon the circumstances, a person suspected of unlawful cultivation of mushrooms faces the possibility of a felony arrest and conviction with an exposure of up to three years in the state prison.Ĭalifornia Health & Safety Code Section 11391 similarly prohibits various types activity related to mushrooms, if done for the prohibited purpose of facilitating a violation of Section 11390. There is no medical or religious exception in the statutes.Ĭalifornia law prohibits, as an alternate felony-misdemeanor or “wobbler”, the cultivation of “any spores or mycelium capable of producing mushrooms or other substance” containing psilocybin or psilocyn, if done with the intent of producing psilocybin or psilocyn.Ĭalifornia Health & Safety Code Section 11390. Under California law, psilocybin and psilocyn, two active substances in “magic mushrooms,” are classified as Schedule I hallucinogenic controlled substances.Ĭalifornia Health & Safety Code Section 11054, subdivision (d). The question remains: how illegal are “magic mushrooms” (defined as fungi containing the controlled substances psilocybin or psilocyn) under California law? Is there a viable medical defense? What about a religious defense? In late 2018, Compass Pathway’s psilocybin treatment for treatment resistant depression received Breakthrough Therapy designation from the Food and Drug Administration. “Magic mushrooms” as they are colloquially known, have been the focus of intense research in recent years. Senator Wiener’s tweet linked to a news article which discusses increasing numbers of patients and therapists coming out of the psychedelic closet. That’s why, when the Legislature reconvenes, we’ll work to decriminalize their use.”
Psychedelics have medicinal benefits & they shouldn’t be illegal. Most recently, on November 15, 2020, State Senator Scott Wiener tweeted, “It’s time to take a health/science based approach to drugs & move away from knee-jerk criminalization. In 2019, the City of Oakland became “the first in the nation to decriminalize a wide range of psychedelics such as psilocybin mushrooms and ayahuasca.” Similarly, in early 2020, city leaders in Santa Cruz unanimously agreed to “decriminalize the adult use, possession, and cultivation of entheogenic psychoactive plants and fungi.” More broadly, Decriminalize California, a statewide grassroots effort to legalize psilocybin mushrooms in the Golden State via a voter initiative, picked up considerable momentum, but unfortunately stalled out after the outbreak of COVID-19 made the in-person collection of signatures practically impossible. Psilocybe cubensis photographed in Xalapa, Veracruz, Mexico, by mycologist Alan Rockefeller.Ĭalifornia has been at the forefront of psychedelic policy change for years.
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