{"id":49758,"date":"2021-09-02T08:45:56","date_gmt":"2021-09-02T16:45:56","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/09\/02\/california-psilocybin-legalization-initiative-would-save-state-millions-in-enforcement-costs-official-analysis-says\/"},"modified":"2021-09-02T13:45:59","modified_gmt":"2021-09-02T21:45:59","slug":"california-psilocybin-legalization-initiative-would-save-state-millions-in-enforcement-costs-official-analysis-says","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/09\/02\/california-psilocybin-legalization-initiative-would-save-state-millions-in-enforcement-costs-official-analysis-says\/","title":{"rendered":"California Psilocybin Legalization Initiative Would Save State Millions In Enforcement Costs, Official Analysis Says"},"content":{"rendered":"<\/p>\n<p>A proposed <a href=\"https:\/\/www.marijuanamoment.net\/california-activists-file-psilocybin-legalization-ballot-measure-as-legislature-advances-broader-psychedelics-bill\/\" target=\"_blank\" rel=\"noopener\">ballot measure to legalize psilocybin in California<\/a> would save the state millions in enforcement costs and also generate state and local tax revenue, the nonpartisan Legislative Analyst\u2019s Office (LAO) recently concluded.<\/p>\n<p>However, the officials also tempered expectations by pointing out that setting up the regulatory scheme for a legal psilocybin market could initially cost millions. But that could \u201ceventually be partially or fully offset by fee revenue.\u201d<\/p>\n<p>Most of the LAO report, which was published on Wednesday, outlines the main provisions of Decriminalize California\u2019s psychedelics reform measure, which activists hope to place before voters on the November 2022 ballot.<\/p>\n<p>It would be a historic policy change, making California the first in the nation to broadly legalize psilocybin mushrooms for medical and recreational purposes. Oregon voters approved a first-of-its-kind initiative last year to <a href=\"https:\/\/www.marijuanamoment.net\/oregon-governor-appoints-panel-to-implement-historic-legal-psilocybin-therapy-measure\/\" target=\"_blank\" rel=\"noopener\">legalize the entheogen for therapeutic use alone<\/a>.<\/p>\n<p>Decriminalize California\u2019s measure\u2014titled the California Psilocybin Initiative\u2014would legalize the \u201cpersonal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms\u201d for adults 21 and older. Further, the initiative would allow for the cultivation, retail sale, social sharing and on-site consumption of the psychedelic.<\/p>\n<p>LAO said the measure \u201cwould reduce ongoing costs to the state and local governments by reducing the number of people convicted of psilocybin offenses incarcerated in state prison and county jail, as well as the number placed under community supervision (such as county probation).\u201d<\/p>\n<p>\u201cIn addition, the measure would result in a reduction in state and local costs for the enforcement of psilocybin-related offenses and the handling of related criminal cases in the state court system,\u201d it said. \u201cIn total, the reduction in costs would likely not exceed a few million dollars annually.\u201d<\/p>\n<p>The office also pointed out that any money saved in enforcing the current criminalization of mushrooms \u201cwould likely be redirected to other law enforcement, corrections, and court activities.\u201d<\/p>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"ro\" dir=\"ltr\">Initiative Analysis: Psilocybin legalization. <a href=\"https:\/\/t.co\/gCFpOSDhNu\" target=\"_blank\" rel=\"nofollow noopener\">https:\/\/t.co\/gCFpOSDhNu<\/a><\/p>\n<p>\u2014 Legislative Analyst (@LAO_CA) <a href=\"https:\/\/twitter.com\/LAO_CA\/status\/1433180247692759042?ref_src=twsrc%5Etfw\" target=\"_blank\" rel=\"nofollow noopener\">September 1, 2021<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p>LAO further said that the costs of implementation depend on at least three factors: \u201c(1) the specific regulatory structure that the state ultimately implements pursuant to the measure, (2) the extent to which the federal government exercises its discretion to enforce federal prohibitions on psilocybin-related activities, and (3) how people and businesses respond to these two factors.\u201d<\/p>\n<p>\u201cAccordingly, costs could range from minimal to tens of millions of dollars annually. These regulatory costs could eventually be partially or fully offset by fee revenue,\u201d the analysis says. \u201cTo the extent that fee revenues are not sufficient to fully support such costs, some of the costs could require support from other fund sources (such as the state General Fund).\u201d<\/p>\n<p>Finally, with respect to the fiscal impact analysis, LAO said creating a regulated system of psilocybin sales could lead people to abandon the illicit market and make it so \u201cstate and local governments would receive additional revenues related to the sale of psilocybin.\u201d<\/p>\n<p>\u201cThe amount of sales tax revenue collected would depend on the portion of sales that are not for medical, therapeutic, religious, or spiritual purposes, which would be exempt from sales tax under the measure,\u201d it said. \u201cIn addition, the measure could result in an increase in other taxable economic activity in the state, as people currently engaged in psilocybin-related activities (such as selling psilocybin) illegally could begin doing so legally under state law and pay personal income taxes.\u201d<\/p>\n<p>\u201cWe estimate that these potential increases in tax revenues likely would not exceed a few million dollars annually,\u201d LAO <a href=\"https:\/\/lao.ca.gov\/ballot\/2021\/210434.pdf\" target=\"_blank\" rel=\"noopener\">said<\/a>. \u201cHowever, this revenue could be greatly reduced to the extent that the federal government exercises its discretion to enforce federal prohibitions on psilocybin-related activities.\u201d<\/p>\n<p>Activists <a href=\"https:\/\/www.marijuanamoment.net\/california-activists-file-psilocybin-legalization-ballot-measure-as-legislature-advances-broader-psychedelics-bill\/\" target=\"_blank\" rel=\"noopener\">filed the petition with state officials in July<\/a>. That initiated a 30-day public comment period that lasted until August 11. The <a href=\"https:\/\/oag.ca.gov\/system\/files\/initiatives\/pdfs\/21-0005%20%28Psilocybin%29.pdf\" target=\"_blank\" rel=\"noopener\">measure<\/a> is now under review by the attorney general\u2019s office, which will assign a title and summary, after which point the group will need to collect 623,212 valid signatures from registered voters within 180 days.<\/p>\n<p>If approved in November 2022, the would be no limits on personal possession\u2014a policy that has stirred controversy in the state legislature over <a href=\"https:\/\/www.marijuanamoment.net\/california-bill-to-legalize-psychedelics-possession-advances-again-with-new-amendments-that-add-limits\/\" target=\"_blank\" rel=\"noopener\">separate legislation to legalize possession of a wide range of psychedelics<\/a> that passed the Senate but <a href=\"https:\/\/www.marijuanamoment.net\/california-bill-to-legalize-psychedelics-possession-put-on-pause-until-2022\/\" target=\"_blank\" rel=\"noopener\">has been placed on hold until next year<\/a> after clearing two Assembly committees.<\/p>\n<p>While this proposal goes further than the Oregon psilocybin measure, it does still have a specific medical component.<\/p>\n<p>Healthcare professionals \u201cmay recommend Psilocybin or Psilocybin Mushrooms for use in minors and adults under the age of 21, for the treatment of specific and appropriate indications,\u201d it says.<\/p>\n<p>The California Department of Food and Agriculture would be responsible for overseeing the implementation of the program overall. Meanwhile the state Department of Consumer Affairs and the Health and Human Services Agency would be required to \u201cadopt and implement the qualification requirements and protocols for Psilocybin Mushroom-assisted therapy created by an independent professional certifying body. \u201d<\/p>\n<p>Activists made a concerted effort in the measure to ensure the psilocybin products are generally treated like other legal commodities. For example, the products would not be subject to any licensing requirements, fees or taxes that \u201cexceed the amount charged or assessed for comparable non-Psilocybin Mushroom related businesses.\u201d<\/p>\n<p>Psilocybin that\u2019s sold for \u201cmedical, therapeutic, religious or spiritual purposes\u201d wouldn\u2019t be subject to any sales or excise tax at all. Those that are marketed as dietary supplements would be taxed \u201cat the local sales tax rate at the point of sale.\u201d<\/p>\n<p>\u201cPsilocybin Mushrooms and Psilocybin Mushroom Businesses shall be regulated as closely as practicable to non-psychoactive agriculturally produced mushrooms\u201d except for specific labelling requirements, the measure says. The labels must include a universal symbol and a warning statement advising consumers to keep them out of reach of children and advising about impairment. Packaging must also explain the content of product, including milligrams of active ingredients per package and per serving.<\/p>\n<p>Researchers, healthcare professionals and therapists would have specific protections related to psilocybin that are carved into the initiative. The psychedelic also couldn\u2019t be used as the sole basis to revoke parental rights.<\/p>\n<p>\u201cStarting January 1, 2023, any Psilocybin Mushroom Business operating on land that is zoned for commercial agricultural production and approved by the COPA for food production can begin the cultivation, manufacturing, and wholesale distribution of Psilocybin Mushrooms,\u201d the measure states. \u201cStarting April 19, 2023, any business that is incorporated in California and possesses a California Seller\u2019s Permit can begin retail sales.\u201d<\/p>\n<p>Local jurisdictions would be able to ban or limit psilocybin businesses from operating in their area if voters approve the restriction via citizen initiative or a petition submitted by a governing body.<\/p>\n<p>Except for safety-sensitive positions \u201cno person shall refuse to provide services or benefits or increase the charge for services or benefits, based on the lawful use, cultivation, possession, storage, or sales of Psilocybin Mushrooms,\u201d it says.<\/p>\n<p>Decriminalize California attempted to <a href=\"https:\/\/www.marijuanamoment.net\/california-psilocybin-mushroom-legalization-campaign-ends-after-signature-deadline-passes\/\" target=\"_blank\" rel=\"noopener\">get a similar measure on the November 2020 ballot<\/a>, but they faced signature gathering complications due to the coronavirus pandemic and ultimately abandoned that effort.<\/p>\n<blockquote class=\"wp-embedded-content\" data-secret=\"HBfIld0CZY\">\n<p><a href=\"https:\/\/www.marijuanamoment.net\/house-committee-orders-pentagon-to-review-racially-discriminatory-drug-testing-of-military-personnel\/\" target=\"_blank\" rel=\"nofollow noopener\">House Committee Orders Pentagon To Review Racially Discriminatory Drug Testing Of Military Personnel<\/a><\/p>\n<\/blockquote>\n<p \/>\n<p><em>Photo courtesy of <a href=\"https:\/\/en.wikipedia.org\/wiki\/List_of_psilocybin_mushroom_species#\/media\/File:Psilocybe.tampanensis.two.jpg\" target=\"_blank\" rel=\"noopener\">Wikimedia\/Workman<\/a>.<\/em><\/p>\n<p>The post <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\/california-psilocybin-legalization-initiative-would-save-state-millions-in-enforcement-costs-official-analysis-says\/\" target=\"_blank\">California Psilocybin Legalization Initiative Would Save State Millions In Enforcement Costs, Official Analysis Says<\/a> appeared first on <a rel=\"nofollow noopener\" href=\"https:\/\/www.marijuanamoment.net\" target=\"_blank\">Marijuana Moment<\/a>.<\/p>\n<p>&#013;<br \/>\n&#013;<br \/>\nRead More: <a href=\"https:\/\/www.marijuanamoment.net\/california-psilocybin-legalization-initiative-would-save-state-millions-in-enforcement-costs-official-analysis-says\/\" target=\"_blank\" rel=\"nofollow noopener\">California Psilocybin Legalization Initiative Would Save State Millions In Enforcement Costs, Official Analysis Says<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A proposed ballot measure to legalize psilocybin in California would save the state millions in enforcement costs and also generate state and local tax revenue, the nonpartisan Legislative Analyst\u2019s Office (LAO) recently concluded. However, the officials also tempered expectations by pointing out that setting up the regulatory scheme for a<span class=\"more-link\"><a href=\"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2021\/09\/02\/california-psilocybin-legalization-initiative-would-save-state-millions-in-enforcement-costs-official-analysis-says\/\">Continue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49758"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=49758"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49758\/revisions"}],"predecessor-version":[{"id":49759,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/49758\/revisions\/49759"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=49758"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=49758"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=49758"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}