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by tayo42 2327 days ago
> SEC. 3. PURPOSE AND INTENT.

>

> The purpose of this article is to decriminalize the personal possession, storage, use, cultivation, manufacturing, distribution in personal possession amounts without profit, transport, and consumption of psilocybin mushrooms and the chemical compounds contained in them for any person over the age of 18, or for any person younger than 18 with parental or guardian consent by amending California Health and Safety Codes HSC § 11 390 & 11391.

I'm confused, whats the difference between legalization and decriminalization then. This sounds like legalization to me? Decriminalizaton i thought was making it a low priority to law enforcement which some places already did?

4 comments

Correct, decriminalizing doesn't mean that it's legal, just that the police won't use resources trying to stop it.

Legalizing at the city or county level would run into conflict with state & federal laws that prohibit it. This is a way of getting around that conflict.

"Decriminalizaton i thought was making it a low priority to law enforcement which some places already did?"

I think that's it. It means pretty much that they won't enforce laws anymore. I think in theory the feds could still nail you if they wanted to.

From an article I found[0]:

> As such, Topley, explained then, it is “very close to legalization, however, without psilocybin being rescheduled or descheduled at the federal level, it seems more appropriate to refer to it as decriminalization.”

[0] https://filtermag.org/decriminalize-california-signature-dri...

This allows "distribution in personal possession amounts without profit".

Legalization would imply that some entity or entities were legally allowed to sell at commercial scale to the general public at a profit.

Alcohol is legal, but you can't sell it legally without a liquor license and those can be restricted in number and limited in scope (in MA you can't sell liquor on Sundays).
That last part hasn't been true in quite some time. Since 2003, alcohol sales have been allowed on Sunday in Massachusetts.
Sorry - I moved away around that time!