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Every California psychedelics bill since 2019, and how San Diego's lawmakers voted

California lawmakers have taken up 12 psychedelics bills since 2019, and none made psilocybin legal: SB 58 came closest, passing both houses before Gov. Gavin Newsom vetoed it in October 2023. The four that became law deal with research, a federal rescheduling trigger and budget money, and San Diego County's legislators split on the decriminalization votes while none of them voted no on the three research and rescheduling laws.

Updated , by the Magic Mushrooms San Diego desk.

Paper-cut style illustration of an empty legislative chamber seen from the gallery: curved rows of wooden desks with small lamps face a raised rostrum, tall arched windows line both walls, and a large board above the rostrum is filled with columns of violet, coral and teal dots like a vote tally.
AI illustration: an empty legislative chamber and its vote board between sessions.
On this page

What does this tracker count?

This page tracks 12 bills in the California Legislature from 2019 through October 21, 2026, when we last checked the records. Eight are psychedelics bills, three are related bills on research or rescheduling rules for Schedule I drugs, and one is a budget bill with a line for veterans' psychedelic research.

Four became law, one was vetoed and seven died. The laws are AB 1021 (2023), a federal rescheduling trigger; AB 2841 (2024) and AB 1103 (2025), on how the state's Research Advisory Panel handles studies; and AB 113 (2026), a budget bill.36812 None legalized or decriminalized possession, which is still a crime (see our guide to California psilocybin penalties).

Method: we read each bill's history, text versions and floor votes in the Legislature's bulk data, the same records behind each bill's official page.13 A text search of the 2019-20 session's 16,426 bill versions found no mention of psilocybin, psilocyn, "psychedelic" or "entheogen," so the list starts in 2021. We count floor votes only, and skip votes taken before a bill's psychedelic or research language was added.

A "San Diego member" is a legislator whose district included part of San Diego County in that session: Senate Districts 36, 38, 39 and 40 in 2021-22 (2011 maps), and Senate Districts 18, 32, 38, 39 and 40 plus Assembly Districts 74 to 80 in 2023-24 and 2025-26, the district numbers the county Registrar of Voters lists under the 2021 maps.1415 SD and AD mean Senate and Assembly District. "No vote recorded" means the member didn't vote aye or no; the record doesn't say why.

Which bills has the Legislature taken up?

Each card gives a plain summary, the author, the outcome and each floor vote we include. Dots are San Diego members; open "How San Diego members voted" for names.

Bills tracked
12
Enacted
4
Vetoed
1
Died
7
San Diego votes recorded
97
  • Aye
  • No
  • No vote recorded
  • Dots: San Diego members, in the same three colors

2021

  • SB 519, 2021-2022 session

    Died

    As passed by the Senate, would have made lawful the possession for personal use and the social sharing of psilocybin, psilocyn, DMT, ibogaine, mescaline, LSD, ketamine and MDMA by and with people 21 or older; by its final Aug 15, 2022 version it had been narrowed to requiring the State Department of Public Health to convene a working group to study and recommend how these substances could be regulated.

    Author
    Sen. Scott Wiener (D, SD11)
    Session
    2021-2022
    Introduced
    Last action

    Senate floor vote

    21 ayes16 noes3 no vote recorded

    San Diego members
    How San Diego members voted
    • Patricia Bates (R, SD36)No
    • Brian Jones (R, SD38)No
    • Toni Atkins (D, SD39)Aye
    • Ben Hueso (D, SD40)Aye

    Passed the Senate in June 2021, was narrowed in the Assembly to a study group, and died on the Assembly inactive file when the session ended. No San Diego legislator was an author or coauthor.

    Bill text and history Senate vote record

2022

  • SB 58, 2023-2024 session

    Vetoed

    Would have made lawful, starting Jan 1, 2025, the possession, preparation, obtaining or transportation of specified personal-use quantities of psilocybin, psilocyn, DMT and mescaline by adults 21 or older (and personal-use cultivation of spores or mycelium that produce psilocybin mushrooms), and required the California Health and Human Services Agency to convene a workgroup to recommend a framework for therapeutic use.

    Author
    Sen. Scott Wiener (D, SD11)
    Session
    2023-2024
    Introduced
    Vetoed

    Senate floor vote

    21 ayes16 noes3 no vote recorded

    San Diego members
    How San Diego members voted
    • Steve Padilla (D, SD18)Aye
    • Kelly Seyarto (R, SD32)No
    • Catherine Blakespear (D, SD38)No vote recorded
    • Toni Atkins (D, SD39)Aye
    • Brian Jones (R, SD40)No

    Assembly floor vote

    43 ayes15 noes22 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)No
    • Marie Waldron (R, AD75)Aye
    • Brian Maienschein (D, AD76)No vote recorded
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • Akilah Weber (D, AD79)No vote recorded
    • David Alvarez (D, AD80)Aye

    Senate floor vote

    21 ayes14 noes5 no vote recorded

    San Diego members
    How San Diego members voted
    • Steve Padilla (D, SD18)Aye
    • Kelly Seyarto (R, SD32)No
    • Catherine Blakespear (D, SD38)No
    • Toni Atkins (D, SD39)Aye
    • Brian Jones (R, SD40)No

    Vetoed Oct 7, 2023. Gov. Gavin Newsom wrote that it 'would decriminalize possession prior to these guidelines going into place' and asked for a bill with therapeutic guidelines. No San Diego legislator was an author or coauthor.

    Bill text and history Senate vote record Assembly vote record Senate vote record

2023

  • AB 941, 2023-2024 session

    Died

    As passed by the Assembly, would have required the California Health and Human Services Agency to convene a workgroup to recommend a framework for psychedelic-assisted therapy (report due Jan 1, 2026) and, once the Legislature enacted such a framework, authorized lawful use of hallucinogenic or psychedelic substances in that therapy; its March 2023 version (the 'End Veteran Suicide Act') would have let licensed professional clinical counselors administer controlled substances to combat veterans.

    Author
    Asm. Marie Waldron (R, AD75)
    San Diego coauthors
    Marie Waldron (AD75, author)
    Session
    2023-2024
    Introduced
    Last action

    Assembly floor vote

    58 ayes0 noes22 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)No vote recorded
    • Marie Waldron (R, AD75)Aye
    • Brian Maienschein (D, AD76)No vote recorded
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • Akilah Weber (D, AD79)No vote recorded
    • David Alvarez (D, AD80)Aye

    Author Marie Waldron represented the 75th Assembly District, which included part of San Diego County. The bill died in the Senate Health Committee.

    Bill text and history Assembly vote record

  • AB 1021, 2023-2024 session

    EnactedRelated bill

    Adds Health and Safety Code section 11150.3 so that if any Schedule I substance is moved off federal Schedule I, or an FDA-approved product made from one is rescheduled or exempted federally, California physicians, pharmacists and other authorized licensees may prescribe, furnish and dispense that product in line with federal law (cannabis excluded).

    Author
    Asm. Buffy Wicks (D, AD14)
    Session
    2023-2024
    Introduced
    Signed
    Chapter
    Chapter 274, Statutes of 2023

    Assembly floor vote

    69 ayes1 noes10 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)No vote recorded
    • Marie Waldron (R, AD75)No vote recorded
    • Brian Maienschein (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • Akilah Weber (D, AD79)Aye
    • David Alvarez (D, AD80)Aye

    Senate floor vote

    35 ayes2 noes3 no vote recorded

    San Diego members
    How San Diego members voted
    • Steve Padilla (D, SD18)No vote recorded
    • Kelly Seyarto (R, SD32)Aye
    • Catherine Blakespear (D, SD38)Aye
    • Toni Atkins (D, SD39)Aye
    • Brian Jones (R, SD40)No vote recorded

    Assembly floor vote

    69 ayes0 noes11 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)No vote recorded
    • Marie Waldron (R, AD75)Aye
    • Brian Maienschein (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • Akilah Weber (D, AD79)Aye
    • David Alvarez (D, AD80)No vote recorded

    The text doesn't name psilocybin or MDMA. It covers any substance in California's Schedule I, so it's often described as a rescheduling trigger for drugs like psilocybin.

    Bill text and history Assembly vote record Senate vote record Assembly vote record

  • SB 803, 2023-2024 session

    Died

    As amended June 2024 (the 'Heal Our Heroes Act'), would have created a Psychedelic-Assisted Facilitation Pilot Program, until Jan 1, 2028, letting the public health officers of the City and County of San Francisco, the County of San Diego and the County of Santa Cruz approve up to 5 facilitation centers each to administer psilocybin or psilocyn to screened veterans and former first responders over 21.

    Author
    Sens. Josh Becker (D, SD13) and Brian Jones (R, SD40)
    San Diego coauthors
    Brian Jones (SD40, co-lead author), Marie Waldron (AD75, principal coauthor), Toni Atkins (SD39, coauthor; added in the June 17, 2024 version)
    Session
    2023-2024
    Introduced
    Last action

    The Heal Our Heroes version named the County of San Diego as one of three pilot counties. Its only floor vote (Senate, May 30, 2023) was on an earlier, unrelated version of the bill, so it isn't shown.

    Bill text and history

2024

  • SB 1012, 2023-2024 session

    Died

    Would have created a Board of Regulated Psychedelic Facilitators in the Department of Consumer Affairs to license facilitators, and a Division of Regulated Psychedelic-Assisted Therapy to license and regulate supervised adult use of DMT, mescaline, MDMA, psilocybin and psilocyn at approved locations (the Regulated Psychedelic Facilitators Act and the Regulated Psychedelic-Assisted Therapy Act).

    Author
    Sen. Scott Wiener (D, SD11)
    San Diego coauthors
    Marie Waldron (AD75, principal coauthor)
    Session
    2023-2024
    Introduced
    Last action

    Held in the Senate Appropriations Committee without a floor vote. Marie Waldron, whose district included part of San Diego County, was a principal coauthor.

    Bill text and history

  • AB 2841, 2023-2024 session

    EnactedRelated bill

    Urgency law letting the state Research Advisory Panel, which reviews research projects on cannabis and hallucinogenic drugs, hold closed sessions on confidential proposals and meet by teleconference, and requiring it to report to the Legislature on its application backlog by Jan 1, 2026; the provisions are repealed or inoperative Jan 1, 2027.

    Author
    Asm. Marie Waldron (R, AD75)
    San Diego coauthors
    Marie Waldron (AD75, author)
    Session
    2023-2024
    Introduced
    Signed
    Chapter
    Chapter 156, Statutes of 2024

    Assembly floor vote

    65 ayes0 noes15 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)Aye
    • Marie Waldron (R, AD75)Aye
    • Brian Maienschein (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • Akilah Weber (D, AD79)Aye
    • David Alvarez (D, AD80)Aye

    Senate floor vote

    40 ayes0 noes0 no vote recorded

    San Diego members
    How San Diego members voted
    • Steve Padilla (D, SD18)Aye
    • Kelly Seyarto (R, SD32)Aye
    • Catherine Blakespear (D, SD38)Aye
    • Toni Atkins (D, SD39)Aye
    • Brian Jones (R, SD40)Aye

    Assembly floor vote

    72 ayes0 noes7 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)Aye
    • Marie Waldron (R, AD75)Aye
    • Brian Maienschein (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • Akilah Weber (D, AD79)Aye
    • David Alvarez (D, AD80)Aye

    Related rather than psychedelic-specific: the Research Advisory Panel it reorganized reviews research on cannabis and hallucinogenic drugs, among others.

    Bill text and history Assembly vote record Senate vote record Assembly vote record

2025

  • AB 113, 2025-2026 session

    EnactedBudget item

    A 2026 budget bill amending the Budget Act of 2026; among many items, it appropriates $4,700,000 under Item 0530-001-0001, Schedule (2.5) '0287-California Initiative to Advance Precision Medicine', and Provision 8 states that this amount 'is for the California Initiative to Advance Precision Medicine for veterans' psychedelic research.'

    Author
    Asm. Jesse Gabriel (D, AD46)
    Session
    2025-2026
    Introduced
    Signed
    Chapter
    Chapter 248, Statutes of 2026

    Senate floor vote

    29 ayes4 noes6 no vote recorded

    San Diego members
    How San Diego members voted
    • Steve Padilla (D, SD18)Aye
    • Kelly Seyarto (R, SD32)No
    • Catherine Blakespear (D, SD38)Aye
    • Akilah Weber Pierson (D, SD39)Aye
    • Brian Jones (R, SD40)No

    Assembly floor vote

    61 ayes11 noes7 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)No vote recorded
    • Carl DeMaio (R, AD75)No
    • Darshana Patel (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • LaShae Sharp-Collins (D, AD79)Aye
    • David Alvarez (D, AD80)Aye

    An omnibus budget bill: the psychedelic research money is one provision, so a vote on AB 113 isn't a vote on psychedelics as such. Its March 2025 Assembly vote, on an earlier version, isn't shown.

    Bill text and history Senate vote record Assembly vote record

  • AB 1103, 2025-2026 session

    EnactedRelated bill

    Requires the state Research Advisory Panel to review in-state research projects that involve administering Schedule I or II controlled substances, and lets it fast-track (until Jan 1, 2028) projects with certain federal approvals and independent peer review, including approval by 2 or more deputized members without a full-panel vote; as introduced, it would have exempted DEA-registered studies of psychedelic therapy for veterans at VA facilities from Panel review.

    Author
    Asm. Chris Ward (D, AD78)
    San Diego coauthors
    Chris Ward (AD78, author)
    Session
    2025-2026
    Introduced
    Signed
    Chapter
    Chapter 571, Statutes of 2025

    Assembly floor vote

    75 ayes0 noes4 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)Aye
    • Carl DeMaio (R, AD75)Aye
    • Darshana Patel (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • LaShae Sharp-Collins (D, AD79)Aye
    • David Alvarez (D, AD80)Aye

    Senate floor vote

    39 ayes0 noes1 no vote recorded

    San Diego members
    How San Diego members voted
    • Steve Padilla (D, SD18)Aye
    • Kelly Seyarto (R, SD32)Aye
    • Catherine Blakespear (D, SD38)Aye
    • Akilah Weber Pierson (D, SD39)Aye
    • Brian Jones (R, SD40)Aye

    Assembly floor vote

    79 ayes0 noes1 no vote recorded

    San Diego members
    How San Diego members voted
    • Laurie Davies (R, AD74)Aye
    • Carl DeMaio (R, AD75)Aye
    • Darshana Patel (D, AD76)Aye
    • Tasha Boerner (D, AD77)Aye
    • Chris Ward (D, AD78)Aye
    • LaShae Sharp-Collins (D, AD79)Aye
    • David Alvarez (D, AD80)Aye

    Carried by San Diego members in both houses: Chris Ward as author, Steve Padilla as Senate floor manager. 'Psychedelic' appeared only in early versions; the final law covers Schedule I and II research generally.

    Bill text and history Assembly vote record Senate vote record Assembly vote record

  • SB 751, 2025-2026 session

    Died

    Would have, until Jan 1, 2031, requested the University of California to set up local pilots in up to 5 counties to research and develop psilocybin services for veterans and former first responders 21 and older, paid for by a continuously appropriated Veterans and Former First Responders Research Pilot Special Fund.

    Author
    Sens. Josh Becker (D, SD13) and Brian Jones (R, SD40)
    San Diego coauthors
    Brian Jones (SD40, co-lead author)
    Session
    2025-2026
    Introduced
    Last action

    Held in the Senate Appropriations Committee and died under the Legislature's deadline for first-year bills. Brian Jones, whose district includes part of San Diego County, was co-lead author.

    Bill text and history

2026

  • SB 1224, 2025-2026 session

    Died

    As amended June 11, 2026 (the 'California Emerging Therapies Research Partnership Act'), would have created a continuously appropriated fund (no General Fund money; federal grants and private gifts only) run by the Department of Health Care Services and CalVet to give grants to a University of California campus to anchor federally registered clinical trials of 'emerging therapies' (psilocybin, ibogaine, MDMA, DMT and ketamine), and required the state to apply for a federal ARPA-H partnership designation.

    Author
    Sen. Brian Jones (R, SD40)
    San Diego coauthors
    Brian Jones (SD40, author), Laurie Davies (AD74, coauthor; listed in the June 11, 2026 version)
    Session
    2025-2026
    Introduced
    Last action

    Held in the Assembly Appropriations Committee in August 2026. Its only floor vote (Senate, May 28, 2026) was on an earlier, unrelated version of the bill, so it isn't shown.

    Bill text and history

  • AB 2489, 2025-2026 session

    Died

    The 'California Veterans' Right to Try Act' would have authorized, until Jan 1, 2032, the state Research Advisory Panel to submit an FDA investigational new drug application for a clinical trial of Schedule I or II controlled substances in a patient pool made up only of veterans with conditions that commonly overlap with suicidality.

    Author
    Asm. Josh Lowenthal (D, AD69)
    Session
    2025-2026
    Introduced
    Last action

    Held in the Assembly Appropriations Committee in May 2026 and not passed before the Aug 31, 2026 deadline for bills in the session's second year.

    Bill text and history

Download the data

The whole dataset is free to reuse under a Creative Commons Attribution 4.0 license (CC BY 4.0): copy it, chart it, build on it, and credit Magic Mushrooms San Diego. Updated October 21, 2026.

How to cite

Magic Mushrooms San Diego, "California psychedelics bills and floor votes, 2019 to 2026," updated October 21, 2026, https://magicmushroomssandiego.com/california-psychedelics-bills. Licensed CC BY 4.0.

How close did California come to decriminalizing psilocybin?

Twice, a bill by Sen. Scott Wiener (D, SD11) passed the Senate. SB 519, as the Senate passed it 21 to 16 on June 1, 2021, would have made it lawful for adults 21 and older to possess for personal use, and to share, psilocybin, psilocyn, DMT, ibogaine, mescaline, LSD, ketamine and MDMA.1 San Diego's four senators split 2 to 2: Democrats Toni Atkins (SD39) and Ben Hueso (SD40) voted aye, and Republicans Patricia Bates (SD36) and Brian Jones (SD38) voted no.13 In the Assembly it was narrowed to a study group on August 15, 2022, then died on the inactive file when the session ended.1

SB 58 got further. As sent to the governor, it would have made lawful, from January 1, 2025, the possession, preparation, obtaining or transportation of specified personal-use quantities of psilocybin, psilocyn, DMT and mescaline by adults 21 and older, and set up a state workgroup on therapeutic use.2 It passed the Senate 21 to 16 on May 24, 2023 (in an earlier version), the Assembly 43 to 15 on September 6, and the Senate again, 21 to 14, on September 7.13

Gov. Gavin Newsom vetoed it on October 7, 2023. He wrote that he supports "new opportunities to address mental health through psychedelic medicines," but "this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it." He asked for "legislation next year that includes therapeutic guidelines."2 The veto was sustained on January 25, 2024, without a roll call.13

San Diego's members split on each SB 58 vote, and not strictly by party:13

SB 58 floor voteAyeNoNo vote recorded
Senate, May 24, 2023 (21 to 16)
Steve Padilla (D, SD18), Toni Atkins (D, SD39)
Kelly Seyarto (R, SD32), Brian Jones (R, SD40)
Catherine Blakespear (D, SD38)
Assembly, September 6, 2023 (43 to 15)
Marie Waldron (R, AD75), Tasha Boerner (D, AD77), Chris Ward (D, AD78), David Alvarez (D, AD80)
Laurie Davies (R, AD74)
Brian Maienschein (D, AD76), Akilah Weber (D, AD79)
Senate final passage, September 7, 2023 (21 to 14)
Padilla, Atkins
Seyarto, Blakespear, Jones
None

Republican Marie Waldron voted aye in the Assembly. Democrat Catherine Blakespear, with no vote recorded in May, voted no on final passage.

Which bills did San Diego legislators carry?

Six bills had a San Diego-area author or co-lead author, and two became law. None of the six would have decriminalized personal possession.

BillSan Diego roleWhat happened
AB 941 (2023-24)Author Marie Waldron (R, AD75)Passed the Assembly 58 to 0 on January 30, 2024 as a workgroup bill on psychedelic-assisted therapy. Died after its Senate Health hearing was canceled at the author's request.4
AB 2841 (2023-24)Author Marie WaldronUrgency law on how the Research Advisory Panel meets and reports its backlog. Passed 65 to 0, 40 to 0 and 72 to 0; signed July 18, 2024 (Chapter 156).6
SB 803 (2023-24)Co-lead author Brian Jones (R, SD40); principal coauthor Waldron; coauthor Toni Atkins (D, SD39)The "Heal Our Heroes Act" pilot, naming the County of San Diego. Died after its June 25, 2024 Assembly Health hearing was canceled at the author's request.7
AB 1103 (2025-26)Author Chris Ward (D, AD78); carried on the Senate floor by Steve Padilla (D, SD18)Research Advisory Panel review and fast track. Passed 75 to 0, 39 to 0 and 79 to 0; signed October 10, 2025 (Chapter 571).8
SB 751 (2025-26)Co-lead author Brian JonesUniversity of California psilocybin pilots for veterans and former first responders. Held in Senate Appropriations May 23, 2025; died February 2, 2026.9
SB 1224 (2025-26)Author Brian Jones; coauthor Laurie Davies (R, AD74)A fund, paid by federal grants and private gifts, for UC-anchored trials of psilocybin, ibogaine, MDMA, DMT and ketamine. Held in Assembly Appropriations August 13, 2026.11

SB 803 named San Diego directly. Its June 2024 version would have let the public health officers of the City and County of San Francisco, the County of San Diego and the County of Santa Cruz each approve up to five centers, until January 1, 2028, to give psilocybin or psilocyn to screened veterans and former first responders over 21.7

AB 1103, as signed, requires the Research Advisory Panel to review in-state research that administers Schedule I or II drugs, and lets it fast-track projects with certain federal approvals and outside peer review until January 1, 2028.8 Its introduced version, dropped later, would have exempted DEA-registered studies of psychedelic therapy for veterans at VA facilities.

Waldron was also a principal coauthor of SB 1012, Wiener's licensed-therapy bill, held in Senate Appropriations on May 16, 2024.5 For studies running now, see our directory of psychedelic clinical trials in San Diego.

Why aren't some votes shown?

Five bills have no floor vote here. SB 1012, SB 751 and AB 2489, the "California Veterans' Right to Try Act," were held in appropriations committees.5910 SB 803 and SB 1224 were "gut-and-amend" bills, rewritten after their floor votes: SB 803 passed the Senate 40 to 0 on May 30, 2023 as a bill on excess state land and affordable housing, and SB 1224 passed it 39 to 0 on May 28, 2026 as a bill on home protection contracts.13 Counting those as psychedelics votes would misstate what members voted on.

AB 113 is an omnibus bill amending the Budget Act of 2026. Its psychedelic item is one provision: $4.7 million under Item 0530-001-0001, Schedule (2.5), which Provision 8 says "is for the California Initiative to Advance Precision Medicine for veterans' psychedelic research."12 We show its two September 1, 2026 floor votes, but a vote on AB 113 isn't a vote on psychedelics as such. Its March 2025 vote, on an intent-only earlier version, isn't shown.

One count differs between official records: for AB 1021's September 5, 2023 Senate vote, the vote table records 35 ayes and 2 noes, while the bill history reads "Ayes 34. Noes 2."313 We use the vote table, which lists each member.

Has a psilocybin measure ever made California's ballot?

No. Seven statewide initiatives touching psychedelics were cleared for circulation from 2019 to 2026, and none qualified. The Secretary of State's master list marks the first six as failed to qualify;17 the seventh passed its October 13, 2026 circulation deadline without qualifying, though it was still listed as cleared on October 21.18

InitiativeYearSOS no.Status
California Psilocybin Decriminalization Initiative 2020 (AG file 19-0016)20
2019
1876
Failed to qualify
Decriminalizes psilocybin mushrooms and authorizes dismissal of prior convictions (AG file 19-0027A1)21
2020
1884
Failed to qualify
California Psilocybin Initiative 2022 (AG file 21-0005)22
2021
1899
Failed to qualify
California Psilocybin Initiative 2024 (AG file 23-0004)23
2023
1946
Failed to qualify
TREAT California Act, bonds and a state agency for psychedelic therapy research (AG file 23-0013A1)24
2023
1955
Failed to qualify
Psychedelic Wellness and Healing Initiative of 2024 (AG file 23-0032A1)25
2024
1974
Failed to qualify
Creates California Strategic Implementation Board (AG file 26-0003)26
2026
2021
Not qualified

The 2026 measure would create a state board to propose a constitutional revision that would, among many other things, "create constitutional rights to cognitive liberty, psilocybin, and paranoia."26

Nothing psychedelic is on the November 3, 2026 ballot: none of the 14 statewide measures, Propositions 1 to 5 and 37 to 45, concerns psilocybin, psychedelics or drug penalties.19

What happens next?

The 2025-26 session adjourns at midnight on November 30, 2026, under Article IV, Section 3(a) of the California Constitution, and the 2027-28 session convenes at noon on December 7, 2026, per the Legislature's 2026 calendar.16 Pending bills die then, so any idea on this list would have to return as a new bill. Our report on the 2026 bills that stalled has more.

A bigger change could come from Washington. AB 1021 added Health and Safety Code section 11150.3: if the FDA approves a product made from a Schedule I substance and it moves to a lower federal schedule or is exempted, a California physician, pharmacist or other authorized licensee who prescribes, furnishes or dispenses it under federal law "shall be deemed to be in compliance with state law."3 An approved, rescheduled psilocybin medicine wouldn't need a new state bill. AB 1021 doesn't change the state's Schedule I list, so other psilocybin would stay illegal.27

Compass Pathways said on August 5, 2026 that the final submission of its COMP360 psilocybin application is "expected to be completed in Q4," with a launch "expected in first half of 2027, subject to FDA approval" and "following Drug Enforcement Administration (DEA) rescheduling."29 Those are company projections, and psilocybin remains a Schedule I drug under federal law.28 Our California psilocybin access map covers the legal routes open today.

Changelog

  • October 21, 2026: tracker published with 12 bills and 7 initiative attempts.

Spotted an error? Tell us through our contact page. Fixes follow our corrections policy and get logged here.

Questions people ask

Did California ever pass a psilocybin bill?

Not one that legalized or decriminalized it. The four related laws are AB 1021 (a rescheduling trigger), AB 2841 and AB 1103 (research review rules) and AB 113 ($4.7 million in the 2026 budget for veterans' psychedelic research).36812

Why did Newsom veto SB 58?

He wrote that it "would decriminalize possession prior to these guidelines going into place," meaning treatment guidelines the state had yet to write, and asked for a bill that includes therapeutic guidelines.2

How did San Diego's legislators vote on SB 58?

On final Senate passage, September 7, 2023, Steve Padilla and Toni Atkins voted aye, and Kelly Seyarto, Catherine Blakespear and Brian Jones voted no. In the Assembly, Marie Waldron, Tasha Boerner, Chris Ward and David Alvarez voted aye, Laurie Davies voted no, and Brian Maienschein and Akilah Weber had no vote recorded.13

Is there a psilocybin measure on the 2026 ballot?

No. None of the 14 statewide measures on California's November 3, 2026 ballot concerns psilocybin or psychedelics.19

Is psilocybin legal in California now?

No. Psilocybin and psilocyn are Schedule I drugs under Health and Safety Code 11054 and federal law.2728 City "low priority" resolutions, like Nevada City's in August 2026, don't change state law.

Sources

The official bill pages refused our automated requests, so bill histories, texts, votes and the SB 58 veto message were read from the Legislature's bulk data files (source 13), which hold the same records. Links go to the official pages.

  1. SB-519 Controlled substances: study of decriminalization of certain hallucinogenic substances. California Legislative Information, accessed October 21, 2026.
  2. SB-58 Controlled substances: decriminalization of certain hallucinogenic substances (includes veto message, October 7, 2023). California Legislative Information, accessed October 21, 2026.
  3. AB-1021 Controlled substances: rescheduling. California Legislative Information, accessed October 21, 2026.
  4. AB-941 Controlled substances: psychedelic-assisted therapy. California Legislative Information, accessed October 21, 2026.
  5. SB-1012 The Regulated Psychedelic Facilitators Act and the Regulated Psychedelic-Assisted Therapy Act. California Legislative Information, accessed October 21, 2026.
  6. AB-2841 Controlled substances: Research Advisory Panel: meetings. California Legislative Information, accessed October 21, 2026.
  7. SB-803 Heal Our Heroes Act. California Legislative Information, accessed October 21, 2026.
  8. AB-1103 Controlled substances: research. California Legislative Information, accessed October 21, 2026.
  9. SB-751 Veterans and Former First Responders Research Pilot Program. California Legislative Information, accessed October 21, 2026.
  10. AB-2489 Controlled substances: research. California Legislative Information, accessed October 21, 2026.
  11. SB-1224 The California Emerging Therapies Research Partnership Act. California Legislative Information, accessed October 21, 2026.
  12. AB-113 Budget Act of 2026. California Legislative Information, accessed October 21, 2026.
  13. Legislative bulk data downloads (pubinfo files for the 2019, 2021, 2023 and 2025 sessions: bill, history, version and vote tables). California Legislature, accessed October 21, 2026.
  14. State Senate SDCO 2021: 2021 approved California State Senate Districts in the County of San Diego. County of San Diego Registrar of Voters, accessed October 21, 2026.
  15. State Assembly SDCO 2021: 2021 approved California State Assembly Districts in the County of San Diego. County of San Diego Registrar of Voters, accessed October 21, 2026.
  16. 2026 Legislative Calendar. Office of the Assembly Chief Clerk and Office of the Secretary of the Senate, revised March 27, 2026.
  17. Initiatives by Title and Summary Year (1912 to July 1, 2025). California Secretary of State, accessed October 21, 2026.
  18. Initiatives and Referenda Cleared for Circulation. California Secretary of State, accessed October 21, 2026.
  19. Qualified Statewide Ballot Measures. California Secretary of State, accessed October 21, 2026.
  20. Initiative 19-0016 (Amdt. #1), title and summary: Decriminalizes Psilocybin Mushrooms. Initiative Statute. California Attorney General, November 27, 2019.
  21. Initiative 19-0027 (Amdt. #1), title and summary: Decriminalizes Psilocybin Mushrooms. Authorizes Dismissal of Prior Psilocybin-Related Convictions. Initiative Statute. California Attorney General, January 8, 2020.
  22. Initiative 21-0005, title and summary: Decriminalizes Psilocybin Mushrooms. Initiative Statute. California Attorney General, September 16, 2021.
  23. Initiative 23-0004, title and summary: Decriminalizes Psilocybin Mushrooms. Initiative Statute. California Attorney General, July 14, 2023.
  24. Initiative 23-0013 Amdt. 1, text of proposed measure (TREAT California Act). California Attorney General, August 23, 2023.
  25. Initiative 23-0032 (Amdt. 1), title and summary: Decriminalizes Psychedelics for Personal Use, Medical Treatment, and Research. Initiative Statute. California Attorney General, January 2, 2024.
  26. Initiative 26-0003, title and summary: Creates California Strategic Implementation Board to Change Numerous Aspects of State Law and Government. Initiative Constitutional Amendment. California Attorney General, April 14, 2026.
  27. California Health and Safety Code section 11054 (Schedule I). California Legislative Information, accessed October 21, 2026.
  28. 21 U.S. Code ยง 812, Schedules of controlled substances. Legal Information Institute, Cornell Law School, accessed October 21, 2026.
  29. Compass Pathways Announces Second Quarter and First Half 2026 Financial Results and Business Highlights. Compass Pathways (SEC filing), August 5, 2026.

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