January 2023 Sneak Peek at California Leg. Proposals

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Updated Jan. 15, 2023

A quick look at the year ahead – January 15, 2023

Governor Newsom’s January proposal for the FY 2023-24 budget includes a $93 million increase in Opioid Settlement Fund spending for naloxone distribution, fentanyl education and testing, and $4 million to support innovative approaches to make fentanyl test strips and naloxone more widely available. The Governor’s revised budget will be released in May, and the Administration and the Legislature will work through June to finalize. 

Even though California lawmakers have until Feb. 17 to introduce new bills for 2023, several interesting proposals have already been filed. Both parties have introduced fentanyl “task force” bills (SB 19 Seyarto-R and AB 33 Bains-D). Another proposal, SB 67 (Seyarto-R) , would require suspected or actual CA overdoses to be reported to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program. 

In the realm of public education, SB 10 (Cortese-D) would require opioid antagonist training for school staff and establish the State Working Group on Fentanyl Education in Schools to collaborate with the Department of Education to develop a School Training and Resource Guide for Opioid Overdose Prevention and Treatment. On a related note, AB 19 (Patterson-R) would require public schools to maintain at least two doses of naloxone or another opioid antagonist. 

Senator Wiener’s (D-San Francisco) SB 58 would decriminalize possession of small amounts of psilocybin, DMT, ibogaine and mescaline for personal or “facilitated” use by persons 21 or older.  

Fentanyl / Overdoses

SB 19 (Seyarto-R) – Would establish the Anti-Fentanyl Abuse Task Force to be chaired by the Attorney General. Task force would have its first meeting no later than March 1, 2024 and would report its findings and recommendations to the AG, the Governor and the Legislature by July 1, 2025. Sunsets Jan. 1, 2026

AB 33 (Bains-D) – Would state the intent of the Legislature to enact legislation relating to a fentanyl task force and would state the intent of the Legislature that any future appropriation made for the purpose of implementing the task force not exceed an unspecified dollar amount.

SB 62 (Nguyen-R) – Enhanced sentencing for fentanyl. Would impose additional sentencing term and a fine for a defendant who violates existing laws with respect to a substance containing fentanyl.

SB 67 (Seyarto-R) – Would require emergency medical providers and peace officers to report suspected or actual overdoses to the California Emergency Medical Services Authority and require the Authority to report data to the Overdose Detection Mapping Application Program managed by the Washington/Baltimore High Intensity Drug Trafficking Area program.

AB 18 (Patterson-R) / SB 13 (Ochoa Bogh-R) / SB 44 (Umberg-D…Clinton’s Drug Czar) – All three bills share identical language re: a written advisory to defendants on the danger of controlled substances and liability for manufacture and distribution of controlled substances illegally in cases of death. It’s possible these are spot (placeholder) bills that the authors will eventually amend with more specific language (or a different proposal altogether). Current text of all three bills reads:

This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction.

Public school treatment and prevention

SB 10 (Cortese-D) – Would require opioid antagonist training for school staff and establish the State Working Group on Fentanyl Education in Schools to collaborate with the Department of Education to develop a School Training and Resource Guide for Opioid Overdose Prevention and Treatment.

AB 19 (Patterson-R) – Would require public schools to maintain at least two doses of naloxone or another opiod antagonist.

Drug policy / criminal law

SB 58 (Wiener-D) – Decriminalization of possession of small amounts of psilocybin, DMT, ibogaine and mescaline for personal or “facilitated” use by persons 21 or older.

SB 46 (Roth-D) – Would amend the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36 adopted by voters to place nonviolent offenders on parole and probation. Would remove the requirement that there be a reasonable cause to believe that the defendant will not abuse controlled substances in the future in order to be considered as having successfully completed treatment.

SB 70 (Wiener-D) – Would amend existing las prohibiting a health care service plan or insurance policy from limiting or excluding coverage for “off-label” drug prescriptions if certain conditions are met. This bill would expand the law by prohibiting limiting or excluding coverage of a dose of a drug or dosage that is “off-label.”