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California Psilocybin Mushroom Decriminalization Initiative (2020)

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California Psilocybin Mushroom Decriminalization Initiative
Flag of California.png
Election date
November 3, 2020
Topic
Drug crime policy
Status
Not on the ballot
Type
State statute
Origin
Citizens


The California Psilocybin Mushroom Decriminalization Initiative (#19-0016 and #19-0027) was not on the ballot in California as an initiated state statute on November 3, 2020.

Proponents filed two versions of the ballot measure. Both would have amended state code to decriminalize the personal possession, cultivation, and use of psilocybin mushrooms without profit for persons who are at least 18 years old. The ballot measure would have defined psilocybin mushrooms as "fungal matter containing psilocybin, psilocyn, baeocystin, or nor-baeocystin, including spores."[1][2]

According to the Drug Enforcement Administration (DEA), psilocybin is a "chemical obtained from certain types of fresh or dried mushrooms." The mushrooms containing psilocybin are also known as magic mushrooms, hallucinogenic mushrooms, or shrooms. As of 2019, psilocybin was considered a Schedule I drug under the federal Controlled Substances Act and the state Controlled Substances Act.[3]

Text of measure

Ballot title

The official ballot title for Initiative #19-0027 was as follows:[4]

Decriminalizes Psilocybin Mushrooms. Authorizes Dismissal of Prior Psilocybin-Related Convictions. Initiative Statute.[5]

Petition summary

The summary provided for inclusion on signature petition sheets for Initiative #19-0027 was as follows:[4]

Decriminalizes under state law the cultivation, manufacture, processing, production of edible products and extracts, distribution, transportation, possession, storage, consumption, and retail sale of psilocybin mushrooms and the hallucinogenic chemical compounds contained in them. Applies to individuals at least 18 years of age, and to individuals under 18 years of age as prescribed by a doctor. Authorizes dismissal, resentencing, and destruction of records for prior psilocybin-related arrests and convictions.[5]

Fiscal impact

The fiscal impact statement for Initiative #19-0027 was as follows:[4]

One-time state and local court and law enforcement costs in the tens of millions of dollars primarily related to the identification and destruction of arrest and conviction records for psilocybin-related crimes. Reduced costs, not likely to exceed a few million dollars annually, to state and local governments related to enforcing psilocybin-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising psilocybin offenders. Annual state costs to regulate psilocybin businesses, ranging from minimal to the tens of millions of dollars. Some or all of these costs could eventually be partially or fully offset by fee revenue. Potential increase in state and local tax revenues, not likely to exceed a couple million dollars annually.[5]

Full text

The full text of the ballot measure is available for Initiative 19-0016 and Initiative 2019-0027.

Path to the ballot

See also: Laws governing the initiative process in California

Process in California

In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 180 days from the date the attorney general prepares the petition language. Signatures need to be certified at least 131 days before the general election. As the verification process can take multiple months, the secretary of state provides suggested deadlines for ballot initiatives.

The requirements to get initiated state statutes certified for the 2020 ballot:

  • Signatures: 623,212 valid signatures were required.
  • Deadline: The deadline for signature verification was June 25, 2020. However, the process of verifying signatures can take multiple months. The recommended deadlines were March 3, 2020, for an initiative requiring a full check of signatures and April 21, 2020, for an initiative requiring a random sample of signatures.

Signatures are first filed with local election officials, who determine the total number of signatures submitted. If the total number is equal to at least 100 percent of the required signatures, then local election officials perform a random check of signatures submitted in their counties. If the random sample estimates that more than 110 percent of the required number of signatures are valid, the initiative is eligible for the ballot. If the random sample estimates that between 95 and 110 percent of the required number of signatures are valid, a full check of signatures is done to determine the total number of valid signatures. If less than 95 percent are estimated to be valid, the initiative does not make the ballot.

Stages of Initiative #19-0016

On September 20, 2019, Ryan Munevar filed the ballot initiative.[1] Attorney General Xavier Becerra (D) released ballot language for Initiative #19-0016 on November 27, 2019, which allowed proponents to begin collecting signatures. The deadline to file signatures for Initiative #19-0016 was May 26, 2020. Signatures were not filed for the proposal.[4]

Stages of Initiative #19-0027

On November 4, 2019, Ryan Munevar filed the ballot initiative.[2] Attorney General Xavier Becerra (D) released ballot language for Initiative #19-0016 on January 8, 2020, which allowed proponents to begin collecting signatures. Signatures were not filed for the initiative to appear on the 2020 ballot. The deadline to file signatures for the 2022 ballot was July 6, 2020.[4]

See also

External links

Footnotes