California SB 58 & SB 1012: Psychedelic Bills Explained

California's two psychedelic bills, in short

California has not legalized psychedelics, despite two high-profile attempts. State Senator Scott Wiener led both. The first, SB 58, was vetoed in 2023. The second, SB 1012, died in committee in 2024.

The two bills took different paths to the same goal. SB 58 tried to remove criminal penalties for personal use. SB 1012 tried to build a licensed therapy system instead. Neither became law.

This guide explains what each bill would have done, why each one failed, and what the failures tell us about how psychedelic reform stalls. For the wider national picture, see our guide to what psychedelics are legal in the US.

Who is Scott Wiener?

Scott Wiener is a Democratic state senator from San Francisco. He has authored both major California psychedelic bills. He is widely seen as the Legislature's leading voice on psychedelic policy.

SB 58: the decriminalization bill

SB 58 would have decriminalized personal possession of four natural psychedelics for adults 21 and older. Senator Wiener introduced it on December 16, 2022. The Legislature passed it in September 2023, with an effective date of January 1, 2025.

The bill covered four plant- and fungi-based substances:

• Psilocybin and psilocin — the compounds in "magic mushrooms."
• DMT — the active compound in ayahuasca.
• Mescaline — but not from peyote.

SB 58 set personal-possession limits rather than removing all limits. It did not allow sales, stores, or dispensaries. It also barred these substances on school grounds and kept penalties for sharing with anyone under 21.

What "decriminalize" would have meant

Decriminalization removes the criminal penalty for an activity; it is not the same as legalization. Under SB 58, adults 21+ would not face state criminal charges for personal possession of the covered psychedelics. But buying or selling them would have stayed illegal. Compare this with how magic mushroom laws work across other states.

Why Newsom vetoed SB 58

Governor Gavin Newsom vetoed SB 58 on October 7, 2023. He said he supported psychedelics for mental health, but objected to the order of events. In his words, the bill "would decriminalize possession prior to these guidelines going into place, and I cannot sign it."

Newsom did not reject reform outright. Instead, his veto message asked California to "immediately begin work to set up regulated treatment guidelines." He listed four things he wanted built first.

• Clear dosing information.
• Written therapeutic guidelines.
• Rules to prevent exploitation during guided treatment.
• Medical clearance ruling out underlying psychoses.

Wiener called the veto "a huge missed opportunity" but signaled he would try a therapy-focused bill the next year. That bill became SB 1012.

SB 1012: the regulated-therapy bill

SB 1012 would have created a licensed, supervised psychedelic-therapy system in California — not decriminalization. Senator Wiener introduced it in February 2024. Its full title was the Regulated Psychedelic Facilitators Act and the Regulated Psychedelic-Assisted Therapy Act.

The bill aimed directly at what Newsom said he wanted. Adults 21 and older could have used psychedelics at licensed facilities with trained facilitators, after screening. It covered psilocybin, psilocin, DMT, mescaline (excluding peyote), and — unlike SB 58 — MDMA.

How the program would have worked

SB 1012 proposed a new state board to license facilitators and treatment providers. The board would have written safety rules covering scope of practice and recordkeeping. The framework leaned on supervised, on-site use, much like Oregon and Colorado already run. See Oregon Measure 109 and Colorado Proposition 122 for live versions of that model.

How SB 1012 died

SB 1012 stalled inside the Legislature, not at the Governor's desk. It cleared early policy committees but was held in the Senate Appropriations Committee under submission on May 16, 2024. Bills held this way do not advance, and SB 1012 did not move again that session. It never reached a full floor vote or the Governor.

SB 58 vs. SB 1012: side by side

SB 58 and SB 1012 shared a sponsor and a goal but used opposite methods and failed in different ways. SB 58 tried to remove penalties; SB 1012 tried to build a system. The table sets them next to each other.

When SB 58's approach fits: reformers who want to end arrests fast and worry that a licensing system takes years and excludes people who cannot pay. When SB 1012's approach fits: those who, like Newsom, want safety screening and trained supervision built in before access opens. California's experience shows both routes can stall — for different reasons, at different stages.

Timeline of California psychedelic reform

• December 16, 2022: Sen. Scott Wiener introduces SB 58.
• September 2023: The Legislature passes SB 58 and sends it to the Governor.
• October 7, 2023: Governor Newsom vetoes SB 58, asking for treatment guidelines first.
• February 2024: Wiener introduces SB 1012, the regulated-therapy follow-up.
• May 16, 2024: SB 1012 is held in Senate Appropriations under submission and stalls.
• 2025–2026: No California statewide psychedelic law in force; reform watchers wait for a new bill.

Where California stands in 2026

Psychedelics are not legal in California as of June 2026. Psilocybin, DMT, mescaline, and MDMA remain illegal under both state and federal law. Neither SB 58 nor SB 1012 became law, so no statewide decriminalization or therapy program exists.

Some California cities have passed local resolutions to make enforcement a low priority. That is a city-council choice, not a change in state law, and it does not make possession legal. Penalties under state law still apply.

California remains a place to watch. It has the votes in the Legislature and a Governor open to a therapy-first model, yet two attempts have failed. To track where every state stands, see our psilocybin guide and the legal status by state tool.