Drug policy of California
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Drug policy of California refers to the policy on various classes and kinds of drugs in the
On November 4, 2014, voters approved
Specific drugs
Alcohol
Driving a
The Department of Alcohol Beverage Control (ABC) is the Californian authority over alcohol licenses in the state.[2] The Department has outlawed the sale of alcohol to a "habitual drunkard" or any "obviously intoxicated person".[3] Selling alcohol to a habitual drunkard or obviously intoxicated person is a misdemeanor under Section 25602 of the Business and Professions Code.[4] The Department also outlaws the sale or consumption of alcohol on licensed premises between 2 a.m. and 6 a.m.[5] Selling or allowing the consumption of alcohol on licensed premises between these hours is a misdemeanor under Section 25632.
Amphetamines
Cannabis
All forms and preparations of cannabis, as well as its derivative tetrahydrocannabinol are Schedule 1 on the California Uniform Controlled Substances Act.[6] The first cannabis prohibition laws in California were passed in 1913.[8] In the 1972 California November elections an initiative titled Proposition 19, which would have legalized cannabis, was on the ballot. It failed to pass, with 66.5% voters voting "No" and 33.5% voting "Yes."[9][10] In 1976 the passage of the Moscone Act changed small-scale possession of marijuana from a felony to a misdemeanor.[11]
On November 5, 1996, 56% of voters approved
In February 2009, Tom Ammiano introduced the Marijuana Control, Regulation, and Education Act, the first bill attempting to legalize the sale and use of marijuana in California. If passed and signed into law, marijuana would be sold and taxed openly to adults age 21 and older in a manner similar to alcohol.[14][15]
In September 2010, then Governor
In 2010,
In the November 2016 election, voters passed an initiative legalizing recreational use of marijuana, the
The Adult Use of Marijuana Act went into effect on January 1, 2018.[21] Adults 21 and over in California may now possess up to one ounce of dried marijuana or eight ounces of concentrated cannabis and can grow up to six marijuana plants for personal use subject to certain restrictions.[22] It is still illegal to sell or possess marijuana with intent to sell without both a state and local license.[23] Despite its legality in California, marijuana is still considered a Schedule 1 drug under the United States Controlled Substances Act.[24] This means that federal prosecutors are allowed to decide to arrest and prosecute cannabis users and sellers who are in accordance to California law but not federal law.[25]
Cocaine/Crack
Possession for sale of cocaine salt ("powder") is prohibited under Health and Safety Code 11351; "crack" cocaine under 11351.5. Penalties for possession for sale of cocaine salt are 2, 3, or 4 years in the state prison; for "crack" cocaine, 3, 4 or 5 years. Health and Safety Code 11352 pertains to selling or providing cocaine
Heroin and other opiates
Raw
Ketamine
Ketamine is Schedule 3 on the California Uniform Controlled Substances Act.[6] Ketamine is illegal under Health and Safety Code 11377 HS. It is a misdemeanor to possess and punishment includes 6 months in jail and up to a $1,000 fine. Those charged with ketamine possession will in most cases be given an opportunity to plead guilty and receive no jail time under PC 1000, Prop 36, or felony supervised probation. People with prior records and especially those with prior drug possession records will often be given small jails terms such as 30, 90, or 180 days, along with felony probation. Ketamine is illegal to possess with intent to sell or actual sale under Health and Safety Code 11379.2 HS. The charge can be a misdemeanor or a felony. Those convicted of this offense as a misdemeanor, you face up to one-year in a county jail and a maximum $1,000 fine. If you are convicted of this offense as a felony, you face 16 months, or two or three years in the California state prison and a maximum $10,000 fine.[27]
Recently, in People v. Davis, CSC Case No. 198434, the California Supreme Court ruled that possession of ecstasy (MDMA or methylenedioxy-methylamphetamine) without additional evidence is insufficient to sustain a conviction for possession of a controlled substance (11350 (a) HS).
MDMA (ecstasy)
Nicotine and tobacco products
Products containing
Since January 1, 1995, smoking has been banned in all enclosed workplaces in California, including restaurants and bars (bars were excluded until January 1, 1998), exempting only the following areas: workplaces with five or fewer employees (as long as all workers consent and persons under 18 are prohibited from the smoking area), 65% of the guest rooms of hotels/motels, lobby areas of hotels/motels designated for smoking (not to exceed 25% of the total lobby floor area or, if the lobby area is 2,000 square feet (190 m2) or less, not to exceed 50% of the total lobby floor area), meeting and banquet rooms except while food or beverage functions are taking place (including set-up, service, and clean-up activities or when the room is being used for exhibit activities), retail or wholesale tobacco shops and private smokers lounges (i.e. cigar bars), truck cabs/tractors if no nonsmoking employees are present, non-office warehouse facilities with more than 10,000 square feet (930 m2) of total floor space and 20 or fewer full-time employees working at the facility, theatrical production sites if smoking is an integral part of the story, medical research or treatment sites if smoking is integral to the research or treatment being conducted, private residences except homes licensed as family day care homes during the hours of operation and in those areas where children are present, patient smoking areas in long-term health care facilities, and employee breakrooms designated for smoking.[28]
Effective January 1, 2004, California bill AB846 bans smoking within 20 feet (6.1 m) of the entrance or operable window of a public building ("public building" means a building owned and occupied, or leased and occupied, by the state, a county, a city, a city and county, or a California Community College district.) The law also prohibits smoking in state owned vehicles.
Psilocybin (mushrooms)
Psilocybin itself still categorized as a Schedule I Controlled Substance according to the United States Drug Enforcement Administration under federal law.[34] Schedule I drugs are identified as those with the highest potential for substance abuse, and has chemical properties that enables addictive behavior. Under California Law, possession of Psilocybin Mushrooms can result in a range of penalties varying from a $1,000 fine, mandatory community service, or potentially serving one year in county jail.[35] Whereas distributing a Schedule I Controlled Substance such as psilocybin is recorded as a felony, with the potential to serve in a jail or state prison.[35] In California, the Controlled Substances Act of 1970 still prohibits any use or possession of psilocybin, or any other psychedelics.[36]
Following World War II, a new social movement referred to as "Psychedelic Culture" became increasingly popular amongst young adults.[37] As the Psychedelic Culture movement rapidly grew, concerns for increased drug use became a national issue, which led to the implementation of The Controlled Substances Act of 1970[38]
However, on February 17, 2021, Senator Scott Wiener proposed Senate Bill-519 which would overturn all previous legal consequences towards psychedelics.[39] Senate Bill-519 gained approval on June 29, 2021 on the terms that Ketamine would be redacted from the original proposal.[40] Senate Bill-519 was approved with a 5-3 vote from the Assembly Public Safety Committee for their advocacy towards the use of furthering scientific research behind psychedelic therapy treatment.[39] Psilocybin has been in the process of undergoing clinical trials as mental health professionals and scientists gather data demonstrating the drugs potential benefits. Upon approval from the Drug Enforcement Administration, psilocybin have both been used in clinical trials in attempts to study the medicinal purposes.[41] University of California, San Francisco has invested in clinical trials of psilocybin as part of a treatment to mental health diagnoses such as Bipolar II Disorder as well as Depression.[42] In September of 2020, there have been over 1,000 reported clinical trials of Psilocybin therapy research conducted for various diagnoses[43] and have even produced evidence to show that the psychotherapy approach demonstrates prolonged antidepressant effects.[44]
Other drugs
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Phencyclidine (PCP) is Schedule 2 on the California Uniform Controlled Substances Act.[6] PCP is illegal for possession under Health and Safety Code 11377. PCP is illegal for possession for sale under Health and Safety Code 11378.[7]
On August 31, 2011, California Legislature passed SB 514, which banned the sale of dextromethorphan (DXM), the active ingredient in most over-the-counter cough medicines, to minors.[45]
See also
References
- ^ St. John, Paige, Marisa Gerber. Prop. 47 jolts landscape of California justice system. Los Angeles Times. November 5, 2014. Retrieved November 6, 2014.
- ^ "Alcohol Beverage Control (ABC) Report | Police | City of San Diego Official Website". www.sandiego.gov. Retrieved May 19, 2022.
- ^ "Frequently Asked Questions | Alcoholic Beverage Control". Retrieved May 19, 2022.
- ^ "Law section". leginfo.legislature.ca.gov. Retrieved May 19, 2022.
- ^ "Hours of Sale | Alcoholic Beverage Control". Retrieved May 19, 2022.
- ^ a b c d e f g h i j k l m "HEALTH AND SAFETY CODE SECTION 11053-11058". California Legislative Counsel. Archived from the original on January 26, 2012. Retrieved October 27, 2011.
- ^ California Legislative Counsel. Archived from the originalon January 26, 2012. Retrieved October 27, 2011.
- ^ Maureen Cavanaugh, Pat Finn (October 7, 2010). "The Odd History Of Marijuana In The U.S." PBS. Retrieved October 26, 2011.
- ^ Maddaus, Gene (June 28, 2010). "Pot Legalization Initiative Has Same Number as One From 1972". Blogs.laweekly.com. Archived from the original on August 13, 2010. Retrieved July 28, 2010.
- ^ "Prop. 19--The marijuana issue". Lodi News-Sentinel. October 25, 1972. p. 10.
- PMID 3292746. Retrieved October 26, 2011.
- ^ a b c d "Active State Medical Marijuana Programs". National Organization for the Reform of Marijuana Laws (NORML). Retrieved April 29, 2009.
- ^ "California's Medical Marijuana Laws Get Nod from Court". American Civil Liberties Union. November 16, 2006. Retrieved April 29, 2009.
- ^ "Bill Number: AB 390". Official California Legislative Information. Retrieved March 10, 2009.
- ^ Kamp, Jurriaan (February 27, 2009). "Is government finally wising up to legalizing marijuana?". Ode. Archived from the original on March 7, 2009. Retrieved March 8, 2009.
- ^ McGreevey, Patrick (October 2, 2010). "Schwarzenegger approves bill downgrading marijuana possession of ounce or less to an infraction". Los Angeles Times. Retrieved March 28, 2011.
- ^ "Proposition 19: The Regulate, Control and Tax Cannabis Act of 2010". Yes on 19. Archived from the original on October 18, 2010. Retrieved October 21, 2010.
- ^ "US election: California voters approve marijuana for recreational use". BBC News. November 9, 2016.
- ^ Moreau, Jean-Baptiste; Janvier, Caroline (May 5, 2021). Rapport d'étape sur le cannabis récréatif, établi par la Mission d'Information Commune de l'Assemblée Nationale sur la règlementation et l'impact des différents usages du cannabis (PDF) (in French). Paris (France): National Assembly. p. 208.
- ^ "CDFA Releases the Proposed Regulations for the Cannabis Appellations Program | Cannabis". Archived from the original on June 2, 2021. Retrieved May 30, 2021.
- ^ "California's cannabis laws". Department of Cannabis Control. Retrieved May 19, 2022.
- ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved May 19, 2022.
- ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved May 19, 2022.
- ^ "Drug Scheduling". www.dea.gov. Retrieved May 19, 2022.
- ^ "Medical Marijuana Laws in California". Retrieved May 19, 2022.
- ^ a b "HEALTH AND SAFETY CODE SECTION 11350-11356.5". Archived from the original on November 13, 2011. Retrieved October 27, 2011.
- ^ "KETAMINE: UNAUTHORIZED POSSESSION". California Legislative Counsel. Retrieved October 27, 2011.
- ^ "LABOR CODE SECTION 6400-6413.5". California Legislative Counsel. Archived from the original on October 25, 2011. Retrieved October 29, 2011.
- ^ "AB 846 EXPANDS SMOKING RESTRICTIONS". City of Lodi, California. November 24, 2003. Archived from the original on October 8, 2011. Retrieved October 29, 2011.
- ^ "BILL NUMBER: AB 846". California State Senate. February 20, 2003. Archived from the original on July 12, 2012. Retrieved October 29, 2011.
- ^ "HEALTH AND SAFETY CODE SECTION 118947-118949". California Legislative Counsel. Archived from the original on January 26, 2012. Retrieved October 29, 2011.
- ^ "Legality of Psilocybin Mushroom Spores". November 29, 2004. Retrieved March 28, 2007.
- ^ "Psilocybin Mushrooms Legal Status". Erowid. 2006. Retrieved October 27, 2011.
- ^ "A Short History of Prohibition and The Drug War | The DEA: The definitive guide to MDMA (molly, ecstasy)". Retrieved May 30, 2022.
- ^ a b "Psilocybin [Ballot]". lao.ca.gov. Retrieved May 30, 2022.
- ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved May 30, 2022.
- ^ "A Short History of Prohibition and The Drug War | The DEA: The definitive guide to MDMA (molly, ecstasy)". Retrieved May 30, 2022.
- ^ "A Short History of Prohibition and The Drug War | The DEA: The definitive guide to MDMA (molly, ecstasy)". Retrieved May 30, 2022.
- ^ a b "Bill Text - SB-519 Controlled substances: decriminalization of certain hallucinogenic substances". leginfo.legislature.ca.gov. Retrieved May 30, 2022.
- ^ Garcia, Marissa (June 10, 2021). "Will psychedelics become legal in California?". CalMatters. Retrieved May 30, 2022.
- ^ "Are psilocybin mushrooms illegal?". Drug Policy Alliance. Retrieved May 30, 2022.
- ^ "Psilocybin rewires the brain for people with depression". UCSF Department of Psychiatry and Behavioral Sciences. April 11, 2022. Retrieved May 30, 2022.
- PMID 34063505.
- S2CID 226248982.
- ^ Johnsen, Michael (September 1, 2011). "California bans sale of dextromethorphan to minors". Drug Store News. Retrieved December 23, 2011.
External links
- California Uniform Controlled Substances Act (Health and Safety Code Section 11053-11058)
- California Health and Safety Code Section 11350-11356.5
- California Health and Safety Code Section 11377-11382.5
- Marco Firebaugh Memorial Children's Health and Safety Act of 2007 (California Health and Safety Code Section 118947-118949)