Psychedelic therapy is not yet legal in California, but the state is actively building a regulatory framework to make it available. Classic psychedelics like psilocybin, MDMA, and DMT remain Schedule I controlled substances under both federal and California law. The one exception is ketamine, which doctors can already prescribe off-label for mental health treatment in the state. A new bill, SB 1012, is laying the groundwork for regulated psychedelic-assisted therapy, though it won’t be operational for some time.
What SB 1012 Would Allow
SB 1012, introduced by Senator Scott Wiener, would create the Regulated Psychedelic Facilitators Act. Rather than broadly decriminalizing psychedelics, it takes a structured, therapy-focused approach. The bill would establish a new Board of Regulated Psychedelic Facilitators within the Department of Consumer Affairs, tasked with licensing practitioners and setting safety standards for psychedelic-assisted sessions.
The timeline in the bill is specific. The board would need to be appointed by April 1, 2025, adopt regulations by January 1, 2026, and begin accepting license applications by April 1, 2026. Those regulations would cover scope of practice, recordkeeping (with protections against disclosing participants’ identities), dosing protocols, and rules to prevent exploitation during guided sessions.
This bill exists because a previous, broader effort failed. In 2023, the California legislature passed SB 58, which would have decriminalized personal possession of several psychedelics. Governor Newsom vetoed it, writing that he could not sign a bill that “would decriminalize possession prior to these guidelines going into place.” He specifically called for the state to develop dosing information, therapeutic guidelines, exploitation safeguards, and medical screening requirements before opening access. SB 1012 is essentially the legislature’s response to those concerns, prioritizing a regulated therapeutic model over simple decriminalization.
Ketamine: The Legal Option Available Now
If you’re looking for a psychedelic-adjacent therapy you can access in California today, ketamine is the primary option. It’s a legal, FDA-approved anesthetic that doctors can prescribe off-label for depression, anxiety, PTSD, and other mental health conditions. At certain doses, ketamine produces psychedelic effects, and a growing number of clinics across the state offer ketamine-assisted therapy sessions.
The landscape is uneven, though. Because the FDA hasn’t approved ketamine specifically for mental health use, there are no standardized treatment protocols. Individual practitioners develop their own approaches, and the variation is significant. Some clinics favor gradual, low-dose treatments while others use higher amounts that produce full hallucinatory experiences. State medical and nursing boards still oversee the practitioners involved, but the treatment itself operates in what California Healthline has described as a “Wild West.”
A related option is esketamine (brand name Spravato), a nasal spray derived from a close chemical relative of ketamine. Unlike generic ketamine, Spravato has FDA approval for treatment-resistant depression and carries stricter requirements: two hours of monitoring after each dose and a prohibition on driving the same day. These requirements exist because it falls under the FDA’s Risk Evaluation and Mitigation Strategies program. Generic ketamine has no such mandated safeguards, which partly explains the wide variation in how clinics operate.
Cities That Have Deprioritized Enforcement
Three California cities have passed resolutions making enforcement of psychedelic possession laws their lowest policing priority. Oakland led the way, deprioritizing enforcement of possession laws for entheogenic plants and fungi (a category that includes psilocybin mushrooms, ayahuasca-containing plants, and mescaline-containing cacti). Santa Cruz followed in 2020, deprioritizing possession and use of psilocybin. Arcata passed a similar measure in 2021.
These resolutions do not legalize anything. They instruct local police to treat possession of these substances as a low priority, but possession still violates California state law and federal law. Sales remain fully enforceable everywhere. In practical terms, you’re unlikely to be arrested for personal possession in these cities, but you’d have no legal protection if a state or federal agency chose to act.
The Federal Conflict
Even when California’s new regulatory framework goes into effect, a legal tension will remain. Psilocybin, MDMA, DMT, mescaline, and ibogaine are all Schedule I substances under the federal Controlled Substances Act of 1970. Federal law generally takes precedence over state law when the two conflict.
In practice, though, the situation is more nuanced. The Tenth Amendment prevents the federal government from forcing states to enforce federal law or to use state officers to carry out federal drug policy. This creates what legal scholars call a “gray zone,” similar to the one that has allowed state-level cannabis legalization to function despite federal prohibition. A state-regulated psychedelic therapy program would be legal under California law, but federal prosecution would remain technically possible if federal agencies chose to act. The cannabis precedent suggests this is unlikely for state-compliant therapeutic programs, though it’s not guaranteed.
Religious and Compassionate Use Exceptions
A small number of religious organizations in the United States have won legal exemptions to use psychedelic substances in ceremonies. The most notable cases involve ayahuasca: the União do Vegetal church won a Supreme Court exemption in 2006, and the Church of the Holy Light of the Queen received a federal court exemption in Oregon in 2009. These exemptions are narrow, applying only to specific organizations that demonstrated sincere religious practice through years of legal challenges. Simply calling yourself a psychedelic church does not create legal protection in California or elsewhere.
For terminally ill patients, the federal Right to Try Act offers another narrow pathway. It allows patients diagnosed with life-threatening conditions to access investigational drugs that have completed Phase 1 clinical trials, are under active development, and have an active application with the FDA. The patient must have exhausted approved treatments and be unable to join a clinical trial. However, the law does not require drug manufacturers to provide their products, and the FDA plays no role in approving individual Right to Try requests. Whether a specific psychedelic compound qualifies depends on its stage in the clinical trial process and whether the company developing it agrees to provide access.
What This Means for You Right Now
If you’re in California today and interested in psychedelic therapy, your legal options are limited to ketamine. You can find clinics offering ketamine infusions or nasal spray treatments, but you’ll want to research providers carefully given the lack of standardized protocols. Ask about dosing philosophy, monitoring practices, and how many sessions they recommend.
For psilocybin, MDMA, and other classic psychedelics, the earliest you could access regulated therapy in California is likely 2026 or later, assuming SB 1012 moves forward on schedule. The bill still needs to clear the full legislative process, and even after passage, the new licensing board would need time to write rules and begin certifying practitioners. Living in Oakland, Santa Cruz, or Arcata offers a degree of practical insulation from local enforcement for personal possession, but no legal immunity.