California Senate Bill 58 was a 2023 proposal to decriminalize personal possession and use of four natural psychedelics — psilocybin, psilocyn, DMT, and mescaline — for adults 21 and older. Governor Gavin Newsom vetoed the bill on October 7, 2023, and it never took effect. Possessing these substances remains a crime in California, and no replacement law has been enacted as of 2026.
What SB 58 Would Have Done
SB 58 covered four naturally occurring compounds: psilocybin, psilocyn, dimethyltryptamine (DMT), and mescaline. Adults 21 and older would have been allowed to possess, prepare, obtain, or transport limited quantities for personal use without facing criminal charges.1California Legislative Information. California Senate Bill 58 – Controlled Substances: Decriminalization of Certain Hallucinogenic Substances Mescaline derived from peyote was explicitly excluded, citing the plant’s near-endangered status and its spiritual significance to Native American communities.
The personal-use limits were narrow:
- DMT: one gram
- Psilocybin: one gram, or one ounce of a plant or fungus containing psilocybin
- Psilocyn: one gram, or one ounce of a plant or fungus containing psilocyn
- Mescaline (not from peyote): four grams
Beyond possession, SB 58 would have allowed adults to cultivate spores or mycelium capable of producing psilocybin or psilocyn, share these substances without charge between adults, and use related paraphernalia without criminal liability.1California Legislative Information. California Senate Bill 58 – Controlled Substances: Decriminalization of Certain Hallucinogenic Substances The bill created no commercial market. It directed the California Health and Human Services Agency to convene a workgroup to study supervised therapeutic use and report back to the Legislature by January 1, 2025.
Why Governor Newsom Vetoed It
SB 58 passed both the State Senate and the State Assembly, which makes the veto notable. Newsom did not reject psychedelic reform outright. His veto message acknowledged the therapeutic promise of these substances for conditions like PTSD and depression. His objection was sequencing: the bill would have decriminalized possession before any treatment guidelines existed.2Office of the Governor of California. Veto Message for Senate Bill 58
Newsom called on California to “immediately begin work to set up regulated treatment guidelines — replete with dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses.” He invited the Legislature to send him a revised bill pairing decriminalization with a therapeutic framework.2Office of the Governor of California. Veto Message for Senate Bill 58
What Happened After the Veto
Senator Scott Wiener, the author of SB 58, returned in 2024 with SB 1012, branded as the Regulated Psychedelic Facilitators Act. That bill responded to the Governor’s veto by building a therapeutic regulatory framework instead of decriminalizing personal possession outright. SB 1012 cleared committee votes in the Senate’s Business, Professions, and Public Safety committees, but it was placed on the Appropriations Committee’s suspense file in May 2024 and did not advance further.3California Legislative Information. Bill Votes – SB-1012 The Regulated Psychedelic Facilitators Act Bills shelved in Appropriations suspense typically die at the end of the session, and that is what happened here.
As of early 2025, advocates said they planned to press for some form of psychedelic reform, but no concrete bill had been introduced. California has not enacted any statewide psychedelic reform as of 2026.
What California Law Currently Says
Because SB 58 never took effect, the substances it targeted remain illegal. Psilocybin, psilocyn, DMT, and mescaline are all Schedule I controlled substances under California Health and Safety Code section 11054.4California Legislative Information. California Health and Safety Code 11054 Possessing any of them without a valid prescription is a crime under section 11350.5California Legislative Information. California Code HSC 11350 – Possession of Controlled Substance
Under Proposition 47, which voters passed in 2014, simple possession is a misdemeanor for most people, with a maximum penalty of one year in county jail.6California Courts. Proposition 47 Frequently Asked Questions The court can also impose fines and probation conditions. Possession can still be charged as a felony if the defendant has a prior conviction for certain serious violent felonies listed in Penal Code section 667(e)(2)(C)(iv) or a sex offense requiring registration under Penal Code 290(c).5California Legislative Information. California Code HSC 11350 – Possession of Controlled Substance
Sales offenses are more serious. Possession with intent to sell is a felony under Health and Safety Code section 11351, carrying two, three, or four years in state prison.7California Legislative Information. California Code HSC 11351 Selling, transporting for sale, or giving away controlled substances falls under section 11352, which carries three, four, or five years, rising to three, six, or nine years if the transportation crosses between noncontiguous counties.8California Legislative Information. California Code HSC 11352 – Transportation of Controlled Substances
For simple possession, California law generally favors treatment over jail. Under Penal Code section 1210.1, a person convicted of a nonviolent drug possession offense generally receives probation with mandatory participation in a drug treatment program, and the court cannot add incarceration as a probation condition for a first offense.9California Legislative Information. California Code Penal Code – PEN 1210.1 Diversion is not available to people armed during the offense, those with recent violent or serious felony convictions, or anyone who refuses treatment. After two failed treatment attempts, the court can impose up to 30 days in jail. Separate pre-plea diversion under Penal Code section 1000 may allow charges to be dismissed entirely after completing a drug education program.
Federal Law Is a Separate Matter
Even if California changes its law later, federal law is a separate obstacle. Psilocybin, DMT, and mescaline are all Schedule I controlled substances under the federal Controlled Substances Act.10Drug Enforcement Administration. Psilocybin Fact Sheet A first-time federal simple possession conviction under 21 U.S.C. § 844 can result in up to one year in prison and a minimum fine of $1,000.11Office of the Law Revision Counsel. 21 USC 844 – Penalties for Simple Possession Federal enforcement of simple psychedelic possession is rare in practice, but the risk is highest on federal property, during interstate transportation, or in cases that attract federal attention for other reasons.
Local City Resolutions Do Not Change State Law
Oakland passed a resolution in 2019 directing police not to use city resources to investigate or enforce criminal penalties for the use of entheogenic plants and fungi. Santa Cruz followed with a similar measure, and San Francisco’s Board of Supervisors passed a resolution urging decriminalization. These resolutions can shape local enforcement priorities, but they do not repeal state law. A district attorney can still file charges under the Health and Safety Code regardless of a city resolution.