This [proposed] Act advances cognitive liberty and implements a comprehensive, statewide scheme authorizing and regulating the cultivation, processing and distribution of Psilocybin Mushrooms and the chemical compounds contained therein for personal, spiritual, religious, dietary, therapeutic, and medical use.

Personal Protections. It shall be lawful and not a violation of California law for an adult: (a) To use Psilocybin Mushrooms in one’s home or on any privately owned property in a manner that does not endanger others or violate this division. Psilocybin Mushrooms. The personal, spiritual, religious, dietary, therapeutic, and medical use of Psilocybin Mushrooms by adults, including but not limited to the cultivation, manufacture, processing, production of 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 … 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 to cultivate Psilocybin Mushrooms as otherwise authorized in this section … 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 is found to be cultivating, extracting, manufacturing, distributing, transporting, in possession of or consuming Psilocybin Mushrooms, the maximum penalty for such offense shall be no greater than a mandatory drug education program, and no conviction shall remain on the permanent record of such a minor.

Original Article (
[Second draft] California psilocybin decriminalization initiative 2020
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