Dmt hyperspace8/2/2023 For example, Health and Safety Code Section 11378 forbids the possession for sale of any “material, compound, mixture, or preparation” containing DMT. The scope of Proposition 36 is narrow and does not apply to sales-related offenses. Qualifying defendants must consent to participate in a drug treatment program, must be amenable to treatment, and must not otherwise be excluded from participation under Penal Code § 1210.1(b). The court may also require that the defendant participate in vocational training, family counseling, literacy training, and/or community service. Courts must impose, as a condition of probation, completion of a drug treatment program not to exceed 12 months, with optional aftercare of up to six months. The court must grant probation as an alternative to incarceration to qualifying defendants convicted of “nonviolent drug possession offenses,” as defined in Penal Code § 1210(a). Pursuant to Proposition 36, anyone charged with personal use, possession for personal use, or transportation for personal use of a controlled substance, may qualify for drug treatment instead of jail. In particular, Health and Safety Code Section 11377 forbids the possession for personal use of any “material, compound, mixture, or preparation” containing DMT, which ordinarily is classified as a misdemeanor punishable by up to one year in the county jail unless the person has certain aggravating “priors.” There is no medical or religious exception in the statutes.īecause DMT is classified as a Schedule I hallucinogenic controlled substance pursuant to Health and Safety Code Section 11054, subdivision (d)(10), any “material, compound, mixture, or preparation” containing DMT is subject to prosecution under California’s Uniform Controlled Substances Act. Under California law, DMT is classified as a Schedule I hallucinogenic controlled substance.Ĭalifornia Health & Safety Code Section 11054, subdivision (d)(10). The question remains: how illegal is DMT under California law? Is there a viable medical defense? What about a religious defense? The primary active ingredient in ayahuasca is N, N-Dimethyltryptamine ( DMT), dubbed “The Spirit Molecule” by psychedelic researcher Dr. Senator Wiener’s tweet linked to a news article which discusses increasing numbers of patients and therapists coming out of the psychedelic closet and using substances such as ayahuasca. That’s why, when the Legislature reconvenes, we’ll work to decriminalize their use.” Psychedelics have medicinal benefits & they shouldn’t be illegal. In late 2020, State Senator Scott Wiener tweeted, “It’s time to take a health/science based approach to drugs & move away from knee-jerk criminalization. In 2019, the City of Oakland became “the first in the nation to decriminalize a wide range of psychedelics such as psilocybin mushrooms and ayahuasca.” Similarly, in early 2020, city leaders in Santa Cruz unanimously agreed to “decriminalize the adult use, possession, and cultivation of entheogenic psychoactive plants and fungi.” California has been at the forefront of psychedelic policy change for years.
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