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AB-941 Controlled substances: psychedelic-assisted therapy.(2023-2024)

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Date Published: 01/04/2024 09:00 PM
AB941:v96#DOCUMENT

Amended  IN  Assembly  January 04, 2024
Amended  IN  Assembly  January 03, 2024
Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 941

Introduced by Assembly Member Waldron

February 14, 2023

An act to add Article 5 (commencing with Section 11260) to Chapter 5 of Division 10 of, and to add and repeal Section 11214 of, the Health and Safety Code, relating to controlled substances.


LEGISLATIVE COUNSEL'S DIGEST


AB 941, as amended, Waldron. Controlled substances: psychedelic-assisted therapy for combat veterans. therapy.
Existing law, the California Uniform Controlled Substances Act, categorizes certain drugs and other substances as controlled substances and prohibits various actions related to those substances, including their manufacture, transportation, sale, possession, and use.
This bill would require the California Health and Human Services Agency to convene a workgroup to study and make recommendations on the establishment of a framework governing psychedelic-assisted therapy, as defined. The bill would require that workgroup to send a report to the Legislature containing those recommendations on or before January 1, 2026. The bill would, contingent upon the Legislature enacting a framework governing psychedelic-assisted therapy, authorize a facilitator in a licensed facility to administer specified controlled substances to combat veterans, as defined. authorize the lawful use of hallucinogenic or psychedelic substances for psychedelic-assisted therapy.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Clinical research demonstrates the potential use of some psychedelic compounds, in conjunction with therapy, for the treatment of mental health. Such as end-of-life anxiety, depression, post-traumatic stress disorder, and substance use disorders. These disorders are common in combat veterans.
(b) Measure 109 in Oregon, which passed in November 2020, with a 56-percent vote of the state population, will establish a regulated psilocybin therapy system in Oregon to provide people therapeutic access to psilocybin.
(c) The Oregon Psilocybin Services Section began accepting applications for licensure on January 2, 2023. Psilocybin service centers began to open their doors to clients in the summer of 2023. It takes time for all four license types (manufacturing, laboratory, service centers, and facilitators) to become licensed and set up operations. Each licensed service center, and the licensed facilitators who work with them, manage their own operations and communications with clients.
(d) This act will allow for the therapeutic use of specified controlled substances in a clinical setting for the purpose of individual healing, risk reduction, and other related services, but delays implementation of this provision until a framework for the therapeutic use is developed and adopted. This bill lays the groundwork for California to develop a therapeutic access program for psychedelic plants and fungi.

SEC. 2.

 Section 11214 is added to the Health and Safety Code, to read:

11214.
 (a) The California Health and Human Services Agency shall convene a workgroup to study and make recommendations on the establishment of a framework governing psychedelic-assisted therapy using all of the following:
(1) Psilocybin.
(2) Ibogaine.
(3) Any controlled substance the federal Food and Drug Administration may approve for use in the future, including, but not limited to, Dimethyltryptamine or Mescaline sourced from nonpeyote cacti.
(b) The Secretary of California Health and Human Services or their designee shall be the chairperson of the workgroup.
(c) The workgroup shall include, but not be limited to, all of the following:
(1) Persons with expertise in psychedelic therapy, medicine, and public health, drug policy, harm reduction, and youth drug education.
(2) Law enforcement and emergency medical services or fire service first responders.
(3) People with experience with the traditional indigenous use of psychedelic substances, including representatives from the National Council of the Native American Church and Indian tribes in California.
(4) Veterans groups.
(5) University researchers with expertise in psychedelics.
(6) Research scientists with expertise in clinical studies and drug approval process under the federal Food and Drug Administration.
(7) Individuals from other states that have decriminalized psychedelics and established regulatory frameworks for the lawful use of psychedelics.
(d) The workgroup shall study subjects, including, but not limited to, all of the following:
(1) Research on the safety and efficacy of using each of the controlled substances specified in subdivision (a) in a therapeutic setting for treating post-traumatic stress disorder, depression, anxiety, addiction, and other mental health conditions.
(2) Long-term impact of supervised psychedelic or dissociative drug use with seeking and misusing other substances, including alcohol, cannabis, illicit substances, and unregulated psychedelic or dissociative drugs.
(3) Perceptions of harm of psychedelic or dissociative drugs following enactment of decriminalization both on a personal use and therapeutic use level.
(4) Impact of different regulatory frameworks on different health outcomes among vulnerable populations, including people with substance use disorders, and minority or disenfranchised groups.
(5) Regulated use models for the controlled substances specified in subdivision (a) from other jurisdictions.
(6) Content and scope of educational campaigns that have proven effective in accurate public health approaches regarding use, effect, and risk reduction for the substances specified in subdivision (a), including, but not limited to, public service announcements, educational curricula, appropriate crisis response, and appropriate training for first responders and multiresponders, including law enforcement, emergency medical services, fire service, and unarmed coresponder units.
(7) Policies for minimizing use-related risks, including information related to appropriate use and impacts of detrimental substance use.
(8) Appropriate frameworks to govern the therapeutic use of controlled substances, including qualifications and training for therapists or facilitators.
(e) The workgroup shall develop policy recommendations regarding, but not limited to, all of the following:
(1) Development of a statewide program or programs for the training of individuals providing psychedelic-assisted therapy.
(2) Development of a statewide credentialing process for individuals providing psychedelic-assisted therapy . therapy.
(3) The content and scope of educational campaigns and accurate public health approaches regarding use, effect, risk reduction, and safety for the substances specified in subdivision (a).
(4) Policies for minimizing use-related risks, including information related to appropriate use and impacts of detrimental substance use.
(5) Policies for the regulation of controlled substances specified in subdivision (a), including responsible marketing, product safety, and cultural responsibility.
(6) Policies for the safe and equitable production, access, use, and delivery of the controlled substances specified in subdivision (a).
(f) Subsequent to the Legislature’s adoption of a framework governing psychedelic-assisted therapy using the substances described in subdivision (a), it is the intent of the Legislature that the transfer of a substance described in subdivision (a), without financial gain, in the context of psychedelic-assisted therapy, be decriminalized.
(g) As used in this section, “psychedelic-assisted therapy” means the supervised, lawful medical use by an individual 21 years of age or older of a controlled substance for treatment, including, but not limited to, group counseling and community-based healing, under the care of, administration by, and treatment of a licensed professional clinical counselor in a clinical setting.
(h) (1) On or before January 1, 2026, the workgroup shall submit a report to the Legislature detailing its findings and recommendations.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(i) This section shall remain in effect until January 1, 2027, and as of that date is repealed.

SEC. 3.

 Article 5 (commencing with Section 11260) is added to Chapter 5 of Division 10 of the Health and Safety Code, to read:
Article  5. End Veteran Suicide Act Psychedelic-Assisted Therapy
11260.

This act shall be known, and may be cited, as the End Veteran Suicide Act.

11260.01.

(a)Notwithstanding any other law, a facilitator in a licensed facility may administer the substances identified in this section as part of psychedelic-assisted therapy to treat a combat veteran who has a traumatic brain injury or who is suffering from post-traumatic stress disorder or addiction.

11260.
 (a) Notwithstanding any other law, and upon the legislative enactment of a framework governing psychedelic-assisted therapy as recommended by the California Health and Human Services Agency workgroup pursuant to Section 11214, to include, but not be limited to, the list of substances to be used, the populations to be served, and the education, training, and licensure, if appropriate, required for those administering the substance, the use of hallucinogenic or psychedelic substances for psychedelic-assisted therapy shall be lawful.
(b) The scope of the psychedelic-assisted therapy may vary based on the treatment required and the injury or disorder being treated.

(c)All of the following substances may be used in psychedelic-assisted therapy pursuant to subdivision (a):

(1)Psilocybin.

(2)Ibogaine.

(3)Any controlled substance the federal Food and Drug Administration may approve for use in the future, including, but not limited to, Dimethyltryptamine or Mescaline sourced from non-peyote cacti.

(d)For purposes of this article, the following terms have the following meanings:

(1)“Combat veteran” means a veteran of the Armed Forces of the United States who served in a combat role, which includes all special operations forces, and who is 21 years of age or older.

(2)“Psychedelic-assisted

(c) For purposes of this article, “psychedelic-assisted therapy” includes the supervised, lawful medical use by an individual 21 years of age or older of a controlled substance for treatment, including, but not limited to, group counseling and community-based healing, under the care of, administration by, and treatment of a licensed professional clinical counselor in a clinical setting.

(e)

(d) This article shall become operative only upon the Legislature enacting a framework for the governing of a psychedelic-assisted therapy.