(1) A person who is under twenty-one years of age who knowingly possesses or consumes natural medicine or natural medicine product commits a drug petty offense and, upon conviction thereof, is subject to a fine of not more than one hundred dollars or not more than four hours of substance use education or counseling; except that a second or subsequent conviction for a violation of this subsection (1) is subject to a fine of not more than one hundred dollars, not more than four hours of substance use education or counseling, and not more than twenty-four hours of useful public service.
(2) A person who openly and publicly displays or consumes natural medicine
or natural medicine product commits a drug petty offense and, upon conviction
thereof, is subject to a fine of not more than one hundred dollars and not more than
twenty-four hours of useful public service.
(3) (a) A person who knowingly cultivates natural medicine that cumulatively
exceeds an area of more than twelve feet wide by twelve feet long in one or more
cultivation areas on the private property, or knowingly allows such cultivation on
private property that the person owns, occupies, or controls, commits a drug petty
offense, and upon conviction thereof, is subject to a fine of not more than one
thousand dollars.
(b) (I) Except as provided in subsection (3)(b)(II) of this section, a person who
knowingly cultivates natural medicine on the private property outside of an
enclosed and locked space, or knowingly allows such cultivation on the private
property outside of an enclosed and locked space, that the person owns, occupies,
or controls, commits a drug petty offense, and upon conviction thereof, is subject to
a fine of not more than one thousand dollars.
(II) It is not a violation of this subsection (3)(b) if the person who is cultivating
natural medicine is twenty-one years of age or older, if the cultivation area is
located in a dwelling on the private property, and:
(A) If a person under twenty-one years of age lives at the dwelling, the
cultivation area itself is enclosed and locked; or
(B) If no person under twenty-one years of age lives at the dwelling, the
external locks on the dwelling constitute an enclosed and locked space, but if a
person under twenty-one years of age enters the dwelling, the person cultivating
the natural medicine shall ensure that access to the cultivation area is reasonably
restricted for the duration of the person under twenty-one years of age’s presence
in the private property.
(c) It is not a violation of subsection (3)(a) of this section if a county,
municipality, or city and county law expressly permits the cultivation of natural
medicine that cumulatively exceeds an area of more than twelve feet wide by
twelve feet long in one or more cultivation areas on the private property and the
person cultivates the natural medicine in an enclosed and locked space within the
limit set by the county, municipality, or city and county where the natural medicine
is located.
(4) (a) It is unlawful for a person who is not licensed pursuant to article 50 of
title 44 to knowingly manufacture natural medicine product using an inherently
hazardous substance.
(b) It is unlawful for a person who is not licensed pursuant to article 50 of
title 44 who owns, manages, operates, or otherwise controls the use of a property
to knowingly allow natural medicine product to be manufactured on the premises
using an inherently hazardous substance.
(c) A person who violates this subsection (4) commits a level 2 drug felony.
(5) (a) Unless expressly limited by this section, article 170 of title 12, or
article 50 of title 44, a person who, for the purpose of personal use and without
remuneration, possesses, consumes, shares, cultivates, or manufactures natural
medicine or natural medicine product, does not violate state law, or county,
municipality, or city and county ordinance, rule, or resolution.
(b) Unless expressly limited by this section, a person who performs testing
on natural medicine or natural medicine product, and possesses natural medicine or
natural medicine product in conjunction therewith, for another person who is
twenty-one years of age or older who submits for testing natural medicine or
natural medicine product intended for personal use, does not violate state law, or
county, municipality, or city and county ordinance, rule, or resolution, article 170 of
title 12, or article 50 of title 44, if:
(I) The person performing the testing provides written notice to the person
submitting for testing natural medicine or natural medicine product intended for
personal use that the person is not licensed by the state to conduct testing; and
(II) The person who submits for testing natural medicine or natural medicine
product provides a signed statement that the natural medicine or natural medicine
product is intended for personal use only.
(c) Nothing in this section permits a person to:
(I) Dispense, sell, distribute, or possess with intent to dispense, sell, or
distribute natural medicine or natural medicine product to a person under twenty-one years of age;
(II) Dispense, sell, distribute, or possess with intent to dispense, sell, or
distribute, natural medicine or natural medicine product for remuneration, except
as provided by article 170 of title 12 and article 50 of title 44;
(III) Manufacture, cultivate, possess, consume, use, dispense, or distribute
natural medicine or natural medicine product, or possess with intent to
manufacture, cultivate, possess, consume, use, dispense, or distribute natural
medicine or natural medicine product for a purpose other than personal use or as
provided by article 170 of title 12 and article 50 of title 44;
(IV) Dispense, distribute, or possess with intent to dispense or distribute
natural medicine or natural medicine product as a part of a business promotion or
commercial activity, except as provided by article 170 of title 12 and article 50 of
title 44; or
(V) Dispense, sell, or distribute, or possess with intent to dispense, sell, or
distribute, ibogaine or natural medicine product that contains ibogaine to another
person, except as provided by article 170 of title 12 and article 50 of title 44.
(d) A peace officer shall not arrest a person, and a district attorney shall not
charge or prosecute a person, for a criminal offense involving natural medicine or
natural medicine product pursuant to this part 4, except as expressly provided in
this section.
(e) Notwithstanding any provision of this section to the contrary, a peace
officer may arrest a person, or a district attorney may charge or prosecute a person,
for a criminal offense that is not expressly lawful pursuant to this section or article
170 of title 12 and article 50 of title 44.
(6) Notwithstanding any law to the contrary, an action that is lawful pursuant
to this section, article 170 of title 12, or article 50 of title 44, individually or in
combination with another action that is lawful pursuant to this section, must not be
the sole reason to:
(a) Subject a person to a civil fine, penalty, or sanction;
(b) Deny a person a right or privilege; or
(c) Seize or forfeit assets.
(7) (a) Except as provided in subsection (7)(b) of this section, an action that is
lawful pursuant to this section, individually or in combination with another action
that is lawful pursuant to this section, must not solely be used as a factor in a
probable cause determination of any criminal offense.
(b) An action that is lawful pursuant to this section may be used as a factor
in a probable cause determination of any criminal offense if the original stop or
search was lawful and other factors are present to support a probable cause
determination of any criminal offense.
(8) The fact that a person is entitled to consume natural medicine or natural
medicine product under the laws of this state does not constitute a defense against
any charge for violation of an offense related to the operation of a vehicle, aircraft,
boat, machinery, or other device.
(9) A county, municipality, or city and county shall not adopt, enact, or
enforce any ordinance, rule, or resolution imposing any greater criminal or civil
penalty than provided by this section or that is otherwise in conflict with this
section.
(10) Nothing in this section prohibits a person or any entity who occupies,
owns, or controls a property from prohibiting or otherwise regulating the cultivation
or manufacture of natural medicine or natural medicine product on or in that
property.
(11) Notwithstanding any other law to the contrary, the offenses provided for
in this section do not apply to a person possessing, displaying, cultivating,
purchasing, or selling a living plant for ornamental purposes only that was
commonly and lawfully sold prior to July 1, 2023. For purposes of this section, a
living plant does not include mushrooms or other fungal matter.
(12) As used in this section, unless the context otherwise requires:
(a) Inherently hazardous substance means any liquid chemical,
compressed gas, or commercial product that has a flash point at or lower than
thirty-eight degrees celsius or one hundred degrees fahrenheit, including butane,
propane, and diethyl ether, and excluding all forms of alcohol and ethanol.
(b) (I) Natural medicine means the following substances:
(A) Dimethyltryptamine;
(B) Mescaline;
(C) Ibogaine;
(D) Psilocybin; or
(E) Psilocin.
(II) Natural medicine does not mean a synthetic or synthetic analog of the
substances listed in this subsection (12)(b), including a derivative of a naturally
occurring compound of natural medicine that is produced using chemical synthesis,
chemical modification, or chemical conversion.
(III) Notwithstanding subsection (12)(b)(I) of this section, mescaline does
not include peyote, meaning all parts of the plant classified botanically as
lophophora williamsii lemaire, whether growing or not; its seeds; any extract from
any part of the plant, and every compound, salt, derivative, mixture, or preparation
of the plant; or its seeds or extracts.
(c) Natural medicine product means a product infused with natural
medicine that is intended for consumption.
(d) Personal use means the consumption or use of natural medicine or
natural medicine product; or the amount of natural medicine or natural medicine
product a person may lawfully possess, cultivate, or manufacture that is necessary
to share with another person who is twenty-one years of age or older within the
context of counseling, spiritual guidance, beneficial community-based use and
healing, supported use, or related services. Personal use does not mean the sale
of natural medicine or natural medicine product for remuneration; the possession,
cultivation, or manufacture of natural medicine or natural medicine product with
intent to sell the natural medicine or natural medicine product for remuneration; or
the possession, cultivation, manufacture, or distribution of natural medicine or
natural medicine product for business or commercial purposes, except as provided
by article 170 of title 12 and article 50 of title 44. Nothing in this section precludes
remuneration for bona fide harm reduction services or bona fide support services
used concurrently with the sharing of natural medicine or natural medicine product,
provided that there is no advertisement related to the sharing of natural medicine,
natural medicine product, or the services provided, and provided that the individual
providing the services informs an individual engaging in the services that the
individual is not a licensed facilitator pursuant to article 170 of title 12.
(e) Private property means a dwelling, its curtilage, and a structure within
the curtilage that is being used by a natural person or natural persons for habitation
and that is not open to the public.
(f) Remuneration means anything of value, including money, real property,
tangible and intangible personal property, contract right, chose in action, service,
any right of use or employment or promise or agreement connected therewith,
business promotion, or commercial activity.
L. 2023: Entire section added, (SB 23-290), ch. 249, p. 1413, § 31, effective July 1. L. 2024: (12)(b)(I)(E) amended, (SB 24-198), ch. 452, p. 3140, § 4, effective June 6.
