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Massachusetts House Bill H4255

Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4255 Compare Versions

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22 HOUSE . . . . . . . . . . . . . . . No. 4255
33 The Commonwealth of Massachusetts
44 ——————
55 INITIATIVE PETITION OF SARKO GERGERIAN AND OTHERS
66 OFFICE OF THE SECRETARY.
77 BOSTON, JANUARY 16, 2024.
88 Steven T. James
99 Clerk of the House of Representatives
1010 State House
1111 Boston, Massachusetts 02133
1212 Sir: — I herewith transmit to you, in accordance with the
1313 requirements of Article XLVIII of the Amendments to the Constitution “An
1414 Initiative Petition for a Law Relative to the Regulation and Taxation of Natural
1515 Psychedelic Substance,” signed by ten qualified voters and filed with this
1616 department on or before December 6, 2023, together with additional signatures
1717 of qualified voters in the number of 96,277, being a sufficient number to comply
1818 with the Provisions of said Article.
1919 Sincerely,
2020 WILLIAM FRANCIS GALVIN
2121 Secretary of the Commonwealth.
2222 AN INITIATIVE PETITION.
2323 Pursuant to Article XLVIII of the Amendments to the Constitution of the
2424 Commonwealth, as amended, the undersigned qualified voters of the
2525 Commonwealth, ten in number at least, hereby petition for the enactment into
2626 law of the following measure: 2 of 39
2727 FILED ON: 1/23/2024
2828 HOUSE . . . . . . . . . . . . . . . No. 4255
2929 The Commonwealth of Massachusetts
3030 _______________
3131 In the One Hundred and Ninety-Third General Court
3232 (2023-2024)
3333 _______________
3434 An Act relative to the regulation and taxation of natural psychedelic substances.
3535 Be it enacted by the People, and by their authority, as follows:
3636 1 SECTION 1. The purpose of this act is to establish a new, compassionate, culturally
3737 2responsible, and effective approach to natural psychedelic substances by: (a) establishing
3838 3regulated access for adults 21 years of age and older to natural psychedelic substances that show
3939 4therapeutic potential in increasing well-being and life satisfaction and improving mental health;
4040 5and (b) adopting a public health approach to natural psychedelic substances by removing
4141 6criminal penalties for limited personal use by adults 21 years of age and older. Its intent is to
4242 7remove the personal use of natural psychedelic substances from the illicit market and to provide
4343 8supervised, safe access in a therapeutic setting through a regulated and taxed system. To the
4444 9fullest extent possible, its terms are to be interpreted in accordance with the purpose and intent
4545 10set forth in this section.
4646 11 SECTION 2. This act may be known as "The Natural Psychedelic Substances Act."
4747 12 SECTION 3. Chapter 10 of the General Laws is hereby amended by inserting after
4848 13section 78 the following sections: 3 of 39
4949 14 Section 79. Natural Psychedelic Substances Commission
5050 15 (a) There shall be a Massachusetts natural psychedelic substances commission which
5151 16shall consist of 5 commissioners: 1 of whom shall be appointed by the governor and shall have a
5252 17background in psychedelic research and science; 1 of whom shall be appointed by the attorney
5353 18general and shall have a background in public safety; 1 of whom shall be appointed by the
5454 19treasurer and receiver general and shall have experience in corporate management, finance or
5555 20securities; and 2 of whom shall be appointed by a majority vote of the governor, attorney general
5656 21and treasurer and receiver general, 1 of whom shall have professional experience in oversight or
5757 22industry management, including the provision of services, in a regulated industry and 1 of whom
5858 23shall have a background related to Indigenous or traditional uses of natural psychedelic
5959 24substances. The treasurer and receiver general shall designate the chair of the commission. The
6060 25chair shall serve in that capacity throughout the term of appointment and until a successor shall
6161 26be appointed. Prior to appointment to the commission, a background investigation shall be
6262 27conducted into the financial stability, integrity and responsibility of a candidate, including the
6363 28candidate's reputation for good character and honesty. No person who has been convicted of a
6464 29felony shall be eligible to serve on the commission.
6565 30 (b) Each commissioner shall be a resident of the commonwealth within 90 days of
6666 31appointment and, while serving on the commission, shall not: (i) hold, or be a candidate for,
6767 32federal, state or local elected office; (ii) hold an appointed office in a federal, state or local
6868 33government; or (iii) serve as an official in a political party. Not more than 3 commissioners shall
6969 34be from the same political party. 4 of 39
7070 35 (c) Each commissioner shall serve for a term of 5 years or until a successor is appointed
7171 36and shall be eligible for reappointment; provided, however, that no commissioner shall serve
7272 37more than 10 years. A person appointed to fill a vacancy in the office of a commissioner shall be
7373 38appointed in a like manner and shall serve for only the unexpired term of that commissioner.
7474 39 (d) The governor, attorney general or treasurer and receiver general may remove a
7575 40commissioner who was appointed by that appointing authority if the commissioner: (i) is guilty
7676 41of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to
7777 42discharge the powers and duties of the office; (iv) commits gross misconduct; or (v) is convicted
7878 43of a felony. Before removal, the commissioner shall be provided with a written statement of the
7979 44reasons for removal and an opportunity to be heard.
8080 45 (e) The governor, attorney general and treasurer and receiver general may, by majority
8181 46vote, remove a commissioner who was appointed by majority vote of the governor, attorney
8282 47general and treasurer and receiver general if the commissioner: (i) is guilty of malfeasance in
8383 48office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to discharge the
8484 49powers and duties of the commissioner's office; (iv) commits gross misconduct; or (v) is
8585 50convicted of a felony. Before removal, the commissioner shall be provided with a written
8686 51statement of the reason for removal and an opportunity to be heard.
8787 52 (f) Three commissioners shall constitute a quorum and the affirmative vote of 3
8888 53commissioners shall be required for an action of the commission. The chair or 3 members of the
8989 54commission may call a meeting; provided, however, that notice of all meetings shall be given to
9090 55each commissioner and to other persons who request such notice. The commission shall adopt 5 of 39
9191 56regulations establishing procedures, which may include electronic communications, by which a
9292 57request to receive notice shall be made and the method by which timely notice may be given.
9393 58 (g) Commissioners shall receive salaries not greater than .75 of the salary of the secretary
9494 59of administration and finance under section 4 of chapter 7; provided, however, that the chair
9595 60shall receive a salary equal to the salary of the secretary of administration and finance.
9696 61Commissioners shall devote their full time and attention to the duties of their office.
9797 62 (h) The commission shall annually elect 1 of its members to serve as secretary and 1 of
9898 63its members to serve as treasurer. The secretary shall keep a record of the proceedings of the
9999 64commission and shall be the custodian and keeper of the records of all books, documents and
100100 65papers filed by the commission and of its minute book. The secretary shall cause copies to be
101101 66made of all minutes and other records and documents of the commission and shall certify that
102102 67such copies are true copies and all persons dealing with the commission may rely upon such
103103 68certification.
104104 69 (i) The chair shall have and exercise supervision and control over all the affairs of the
105105 70commission. The chair shall preside at all hearings at which the chair is present and shall
106106 71designate a commissioner to act as chair in the chair's absence. To promote efficiency in
107107 72administration, the chair shall make such division or re-division of the work of the commission
108108 73among the commissioners as the chair deems expedient.
109109 74 (j) The commissioners shall, if so directed by the chair, participate in the hearing and
110110 75decision of any matter before the commission; provided, however, that at least 2 commissioners
111111 76shall participate in the hearing and decision of matters other than those of formal or
112112 77administrative character coming before the commission; and provided further, that any such 6 of 39
113113 78matter may be heard, examined and investigated by an employee of the commission designated
114114 79and assigned by the chair, with the concurrence of 1 other commissioner. Such employee shall
115115 80make a report in writing relative to the hearing, examination and investigation of every such
116116 81matter to the commission for its decision. For the purposes of hearing, examining and
117117 82investigating any such matter, such employee shall have all of the powers conferred upon a
118118 83commissioner by this section. For each hearing, the concurrence of a majority of the
119119 84commissioners participating in the decision shall be necessary.
120120 85 (k) The commission shall appoint an executive director. The executive director shall
121121 86serve at the pleasure of the commission, shall receive such salary as may be determined by the
122122 87commission, and shall devote full time and attention to the duties of the office. The executive
123123 88director shall be a person with skill and experience in management, shall be the executive and
124124 89administrative head of the commission and shall be responsible for administering and enforcing
125125 90the law relative to the commission and to each administrative unit thereof. The executive director
126126 91shall appoint and employ a chief financial and accounting officer and may, subject to the
127127 92approval of the commission, employ other employees, consultants, agents and advisors,
128128 93including legal counsel, and shall attend meetings of the commission. The chief financial and
129129 94accounting officer of the commission shall be in charge of its funds, books of account and
130130 95accounting records. No funds shall be transferred by the commission without the approval of the
131131 96commission and the signatures of the chief financial and accounting officer and the treasurer of
132132 97the commission. In the case of an absence or vacancy in the office of the executive director or in
133133 98the case of disability as determined by the commission, the commission may designate an acting
134134 99executive director to serve as executive director until the vacancy is filled or the absence or 7 of 39
135135 100disability ceases. The acting executive director shall have all of the powers and duties of the
136136 101executive director and shall have similar qualifications as the executive director.
137137 102 (l) Chapters 268A and 268B shall apply to the commissioners and to employees of the
138138 103commission; provided, however, that the commission shall establish a code of ethics for all
139139 104members and employees that shall be more restrictive than said chapters 268A and 268B. A copy
140140 105of the code shall be filed with the state ethics commission. The code shall include provisions
141141 106reasonably necessary to carry out the purposes of this section and any other laws subject to the
142142 107jurisdiction of the commission including, but not limited to: (i) prohibiting the receipt of gifts by
143143 108commissioners and employees from any natural psychedelic substance licensee, applicant, close
144144 109associate, affiliate or other person or entity subject to the jurisdiction of the commission; (ii)
145145 110prohibiting the participation by commissioners and employees in a particular matter as defined in
146146 111section 1 of said chapter 268A that affects the financial interest of a relative within the third
147147 112degree of consanguinity or a person with whom such commissioner or employee has a significant
148148 113relationship as defined in the code; and (iii) providing for recusal of a commissioner in a
149149 114licensing decision due to a potential conflict of interest.
150150 115 (m) The Massachusetts natural psychedelic substances commission shall be a commission
151151 116for the purposes of section 3 of chapter 12.
152152 117 (n) The commission shall, for the purposes of compliance with state finance law, operate
153153 118as a state agency as defined in section 1 of chapter 29 and shall be subject to the laws applicable
154154 119to agencies under the control of the governor; provided, however, that the instructions or actions
155155 120necessary for the department to manage fiscal operations in the state accounting system and meet
156156 121statewide and other governmental accounting and audit standards. The commission shall 8 of 39
157157 122properly classify its operating and capital expenditures, and shall not include any salaries of
158158 123employees in the commission's capital expenditures. Unless otherwise exempted by law or the
159159 124applicable central service agency, the commission shall participate in any other available
160160 125commonwealth central services including, but not limited to, the state payroll system pursuant to
161161 126section 31 of said chapter 29, and may purchase other goods and services provided by state
162162 127agencies in accordance with comptroller provisions. The comptroller may chargeback the
163163 128commission for the transition and ongoing costs for participation in the state accounting and
164164 129payroll systems and may retain and expend such costs without further appropriation for the
165165 130purposes of this section. The commission shall be subject to section 5D and subsection (f) of
166166 131section 6B of said chapter 29.
167167 132 Section 80. Natural Psychedelic Substances Advisory Board
168168 133 (a) There shall be a natural psychedelic substances advisory board to study and make
169169 134recommendations to the Massachusetts natural psychedelic substances commission on the
170170 135regulation and taxation of natural psychedelic substances. The board shall consist of: the
171171 136executive director of the Massachusetts natural psychedelic substances commission who shall
172172 137serve as chair; the secretary of health and human services or a designee; the commissioner of
173173 138revenue or a designee; the commissioner of public health or a designee; the colonel of the state
174174 139police or a designee; 5 persons appointed by the governor, 1 of whom shall be a person with
175175 140expertise in mental or behavioral health, 1 of whom shall be a person with expertise in natural
176176 141psychedelic substance therapy, 1 of whom shall be a person with expertise on issues confronting
177177 142veterans, 1 of whom shall be a person with expertise in developing and implementing evaluation
178178 143methodologies to assess the outcomes of a program, including its achievements, safety, quality,
179179 144and impact on individuals, and 1 person with expertise in Indigenous uses of natural psychedelic 9 of 39
180180 145substances; 5 persons appointed by the attorney general, I of whom shall be a person with
181181 146expertise in health care insurance or barriers in access to healthcare, 1 of whom shall be a person
182182 147with expertise in emergency medical services or first responders, 1 of whom shall be a person
183183 148with expertise in mycology and natural psychedelic substance cultivation, 1 of whom shall be a
184184 149person with expertise with experience in training psychedelic-assisted facilitators, and 1 person
185185 150with expertise in Indigenous uses of natural psychedelic substances; and 5 persons appointed by
186186 151the treasurer and receiver-general, 1 of whom shall be a person with expertise in harm reduction,
187187 1521 of whom shall be a person with expertise in municipal psychedelic policy, 1 of whom shall be
188188 153a person with expertise in natural psychedelic substance research, 1 of whom shall be a person
189189 154who is a peer recovery coach or a certified peer specialist with experience in peer support
190190 155training and certification in Massachusetts, and 1 person with expertise in Indigenous uses of
191191 156natural psychedelic substances. Members of the board shall serve for terms of 2 years or until a
192192 157successor is appointed and shall be eligible for reappointment. Members of the board shall serve
193193 158without compensation but shall be reimbursed for their expenses actually and necessarily
194194 159incurred in the discharge of their official duties. Members of the board shall not be state
195195 160employees under chapter 268A by virtue of their service on the board. To take action at a
196196 161meeting, a majority of the members of the board present and voting shall constitute a quorum.
197197 162 (b) The advisory board shall:
198198 163 (i) consider all matters submitted to it by the commission;
199199 164 (ii) advise the commission on guidelines, rules and regulations including: 10 of 39
200200 165 (A) accurate and culturally appropriate public health approaches regarding use, effect,
201201 166and risk reduction for natural psychedelic substances and the content and scope of educational
202202 167campaigns related to natural psychedelic substances;
203203 168 (B) research related to the efficacy and regulation of natural psychedelic substances,
204204 169including recommendations related to product safety, harm reduction, and cultural responsibility;
205205 170 (C) training programs, educational and experiential requirements, different tiers of
206206 171licensing, scope of practice, and qualifications for facilitators that protect participant safety,
207207 172increase access to services, and reduce barriers to licensure, giving consideration to existing
208208 173education and certification models in Massachusetts, including the peer support certification
209209 174model, and how to best protect existing veterans groups that use natural psychedelic substances
210210 175and members of other self-regulating communities;
211211 176 (D) affordable, equitable, ethical, inclusive, and culturally responsible access to natural
212212 177psychedelic services and requirements to ensure access to regulated natural psychedelic
213213 178substances is affordable, equitable, ethical, inclusive, and culturally responsible;
214214 179 (E) protecting traditional uses and practices related to natural psychedelic substances and
215215 180access voluntary training and best practices that advance safety and reduce harm of use that
216216 181remains outside the regulated system;
217217 182 (F) requirements, methods, reporting, and publication of information pertaining to the
218218 183implementation and outcomes of this act, in order to comprehensively measure its success,
219219 184safety, quality, impact on individuals' well-being and public health; 11 of 39
220220 185 (G) sustainability issues related to natural psychedelic substances and impact on
221221 186Indigenous cultures and document existing reciprocity efforts and continuing support measures
222222 187that are needed;
223223 188 (H) potential future regulation and use of additional psychedelic substances with
224224 189therapeutic potential, beyond those included in this chapter; and
225225 190 (I) appropriate amounts of plants or fungi containing natural psychedelic substances that
226226 191are equivalent to the personal use amounts set forth in section 5(b) of chapter 94J.
227227 192 (c) The chair may appoint subcommittees in order to expedite the work of the board;
228228 193provided, however, that the chair shall appoint at a minimum:
229229 194 (i) a subcommittee on public health to develop recommendations on public health issues;
230230 195 (ii) a subcommittee on public safety to develop recommendations on law enforcement
231231 196and first responder training;
232232 197 (iii) a subcommittee on natural psychedelic substance cultivation, distribution, and
233233 198administration to develop recommendations on testing and licensing;
234234 199 (iv) a subcommittee on facilitator licensing, scope of practice, and training;
235235 200 (v) a subcommittee on natural psychedelic research;
236236 201 (vi) a subcommittee on implementation and outcomes to develop recommendations on
237237 202the requirements, methods, and reporting of information to measure the act's success, safety,
238238 203quality, and impact on individuals' well-being; 12 of 39
239239 204 (vii) a subcommittee on program participation and equity to develop recommendations on
240240 205supporting women, minority and veteran-owned businesses, individuals with experience in the
241241 206traditional use of natural psychedelic substances, and cooperative ownership models; and
242242 207 (viii) a subcommittee on the Indigenous and traditional uses of natural psychedelic
243243 208substances.
244244 209 SECTION 4. The General Laws are hereby amended by inserting after chapter 64N the
245245 210following chapter:
246246 211 CHAPTER 64O.
247247 212 NATURAL PSYCHEDELIC SUBSTANCES TAX.
248248 213 Section 1. Definitions. As used in this chapter, the following words shall, unless the
249249 214context clearly requires otherwise, have the following meanings:
250250 215 (a) "Commissioner", the commissioner of revenue.
251251 216 (b) "Natural psychedelic substances" as defined in chapter 94J of the General Laws.
252252 217 Section 2. State excise imposition; rate; payment. An excise tax is hereby imposed upon
253253 218the sale of natural psychedelic substances to anyone other than a natural psychedelic substance
254254 219licensee at a rate of 15 percent of the total sales price received by the seller as a consideration for
255255 220the sale. The excise tax shall be levied in addition to state tax imposed upon the sale of property
256256 221or services as provided in section 2 of chapter 64H of the General Laws and shall be paid by the
257257 222seller to the commissioner at the time provided for filing the return required by section 16 of
258258 223chapter 62C of the General Laws. 13 of 39
259259 224 Section 3. Local tax option.
260260 225 (a) Any city or town that accepts this section in the manner provided in section 4 of
261261 226chapter 4 of the General Laws may impose a local sales tax upon the sale or transfer of natural
262262 227psychedelic substance by a licensee operating within the city or town to anyone other than a
263263 228natural psychedelic substance licensee at a rate not greater than 2 percent of the total sales price
264264 229received by the seller for the sale of any natural psychedelic substance. The seller shall pay a
265265 230local sales tax imposed under this section to the commissioner at the same time and in the same
266266 231manner as the sales tax due to the commonwealth.
267267 232 (b) All sums received by the commissioner under this section shall at least quarterly be
268268 233distributed, credited and paid by the state treasurer upon certification of the commissioner to
269269 234each city or town that has accepted this section in proportion to the amount of such sums
270270 235received in the city or town. Any city or town seeking to dispute the commissioner's calculation
271271 236of its distribution under this subsection shall notify the commissioner, in writing, not later than 1
272272 237year from the date the tax was distributed by the commissioner to the city or town.
273273 238 (c) This section shall take effect in a city or town on the first day of the calendar quarter
274274 239following 30 days after its acceptance by the city or town or on the first day of a later calendar
275275 240quarter that the city or town may designate.
276276 241 Section 4. Application of tax revenue. The commissioner shall deposit revenue collected
277277 242pursuant to this chapter, other than revenue collected pursuant to section 2 of chapter 64H of the
278278 243General Laws, in the Natural Psychedelic Substances Regulation Fund established by section 12
279279 244of chapter 94J of the General Laws and it shall be subject to appropriation. 14 of 39
280280 245 SECTION 5. The General Laws are hereby amended by inserting after chapter 94I the
281281 246following chapter:
282282 247 CHAPTER 94J.
283283 248 REGULATED ACCESS TO NATURAL PSYCHEDELIC SUBSTANCES NOT
284284 249MEDICALLY PRESCRIBED
285285 250 Section 1. Definitions. As used in this chapter, the following words shall, unless the
286286 251context clearly requires otherwise, have the following meanings:
287287 252 (a) "Administration session" means a session held at a psychedelic therapy center or
288288 253another location as permitted by regulation adopted by the commission at which a participant
289289 254consumes, and experiences the effects of, a natural psychedelic substance under the supervision
290290 255of a facilitator or facilitators.
291291 256 (b) "Advisory board" means the natural psychedelic substances advisory board,
292292 257established in section 80 of chapter 10 of the General Laws.
293293 258 (c) "Commission" means the natural psychedelic substances commission established in
294294 259section 79 of chapter 10 of the General Laws.
295295 260 (d) "Cultivate" means the growing and cultivating of natural psychedelic substances.
296296 261 (e) "Facilitator" means a person licensed by the commission who:
297297 262 (1) is 21 years of age or older;
298298 263 (2) has agreed to provide natural psychedelic services to a participant; and 15 of 39
299299 264 (3) has met the requirements established by the commission.
300300 265 A facilitator may be paid compensation for natural psychedelic services or for natural
301301 266psychedelic substances and may provide natural psychedelic services to more than one
302302 267participant at a time in group administration sessions. A facilitator is not required to provide the
303303 268natural psychedelic substances.
304304 269 (f) "Integration session" means a meeting between a participant and facilitator, or other
305305 270authorized person, that occurs after the participant has completed an administration session.
306306 271 (g) "Natural psychedelic substance" means the following substances from a plant or
307307 272fungus and any plant, fungus or preparation containing those substances:
308308 273 (1) Dimethyltryptamine;
309309 274 (2) Mescaline;
310310 275 (3) Ibogaine;
311311 276 (4) Psilocybin; or
312312 277 (5) Psilocyn.
313313 278 "Natural psychedelic substance" does not mean a synthetic or synthetic analog of any of
314314 279these substances, nor does it mean peyote, including all parts of the plant classified botanically as
315315 280Lophophora williamsii, whether growing or not, its seeds, any extract from any part of the plant,
316316 281and every compound, salt, derivative, mixture, or preparation of the plant, or its seeds or extracts.
317317 282 (h) "Natural psychedelic substance licensee" means an individual or an entity licensed by
318318 283the commission pursuant to this chapter. 16 of 39
319319 284 (i) "Natural psychedelic services" means services provided by a facilitator or facilitators
320320 285or other authorized person to a participant before, during, and after the participant's consumption
321321 286of a natural psychedelic substance, including, at minimum:
322322 287 (1) A preparation session;
323323 288 (2) An administration session; and
324324 289 (3) An integration session.
325325 290 (j) "Participant" means a person 21 years of age or older who purchases or receives a
326326 291natural psychedelic substance from a natural psychedelic substance licensee for use in
327327 292conjunction with natural psychedelic services at an approved location and under the supervision
328328 293of a facilitator.
329329 294 (k) "Preparation session" means a meeting between a participant and a facilitator, or other
330330 295authorized person, that occurs before the participant participates in the administration session.
331331 296 (l) "Preparation" means a combination of substances from plants or fungi and other
332332 297ingredients, which is intended for use or consumption.
333333 298 (m) "Process" means the separation of substances from plants or fungi using physical
334334 299separation or a solvent, and includes the combining of substances with other ingredients to make
335335 300preparations.
336336 301 (n) "Psychedelic therapy center" means an entity licensed by the commission:
337337 302 (1) That, as permitted pursuant to its license, purchases, acquires, cultivates, processes,
338338 303transports, tests, or sells one or more natural psychedelic substances or related supplies; or 17 of 39
339339 304provides natural psychedelic substances for natural psychedelic services at locations permitted
340340 305by the commission; or engages in one or more of these activities;
341341 306 (2) Where administration sessions are held; or
342342 307 (3) Where natural psychedelic services are provided by a facilitator.
343343 308 A psychedelic therapy center may receive payment for natural psychedelic services,
344344 309natural psychedelic substances, or other related services and products.
345345 310 Section 2. Limitations
346346 311 (a) Operating under the influence. This chapter does not amend existing penalties for
347347 312operating, navigating or being in actual physical control of any motor vehicle, train, aircraft,
348348 313motorboat or other motorized form of transport or machinery while impaired by a natural
349349 314psychedelic substance or for consuming a natural psychedelic substance while operating,
350350 315navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or
351351 316other motorized form of transport or machinery.
352352 317 (b) Transfer to or possession by a person under 21 years of age. This chapter shall not be
353353 318construed to permit the knowing transfer of any natural psychedelic substance, with or without
354354 319remuneration, to a person under 21 years of age or to allow a person under 21 years of age to
355355 320possess, use, purchase, obtain, cultivate, process, prepare, deliver or sell or otherwise transfer
356356 321any natural psychedelic substance.
357357 322 (c) Retail sale of natural psychedelic substances. This chapter shall not be construed to
358358 323permit the sale of natural psychedelic substances to an individual for use at a location not 18 of 39
359359 324approved by the commission or for the purpose of consumption other than during an
360360 325administration session.
361361 326 (d) Property. This chapter shall not be construed to:
362362 327 (l) prevent a person from prohibiting or otherwise regulating the consumption, display,
363363 328cultivation, processing, or sale of natural psychedelic substances on or in property the person
364364 329owns, occupies or manages;
365365 330 (2) prevent the commonwealth, a subdivision thereof or local government agency from
366366 331prohibiting or otherwise regulating the possession or consumption of natural psychedelic
367367 332substances within a building owned, leased or occupied by the commonwealth, a political
368368 333subdivision of the commonwealth or an agency of the commonwealth or a political subdivision
369369 334of the commonwealth; or
370370 335 (3) authorize the possession or consumption of natural psychedelic substances on the
371371 336grounds of or within a public or private school where children attend classes in preschool
372372 337programs, kindergarten programs or grades 1 to 12, inclusive, or on the grounds of or within any
373373 338correctional facility.
374374 339 (e) Employment. This chapter shall not require an employer to permit or accommodate
375375 340conduct otherwise allowed by this chapter in the workplace and shall not affect the authority of
376376 341employers to enact and enforce workplace policies restricting the consumption of natural
377377 342psychedelic substances by employees.
378378 343 (f) Negligent conduct. This chapter shall not amend existing penalties for conduct
379379 344involving the performance of any task while impaired by a natural psychedelic substance that 19 of 39
380380 345would constitute negligence or professional malpractice and shall not prevent the imposition of
381381 346any civil, criminal or other penalty for such conduct.
382382 347 (g) Adulteration and misbranding. This chapter shall not exempt natural psychedelic
383383 348substances from sections 186 to 195, inclusive, of chapter 94 of the General Laws, relating to the
384384 349adulteration and misbranding of food, drugs and various articles. A natural psychedelic substance
385385 350prepared in compliance with the regulations under this chapter shall not be considered an
386386 351adulterant or misbranded.
387387 352 (h) Federal law. This chapter shall not be construed to:
388388 353 (l) To require a person to violate a federal law; or
389389 354 (2) To exempt a person from a federal law or obstruct the enforcement of a federal law.
390390 355 Section 3. Local control
391391 356 (a) A city or town may regulate the time, place, and manner of the operation of natural
392392 357psychedelic substance licensees pursuant to this chapter within its boundaries.
393393 358 (b) A city or town may not ban or completely prohibit the establishment or operation of
394394 359natural psychedelic substance licensees operating in accordance with this chapter and
395395 360commission rules within its boundaries.
396396 361 (c) A city or town may not ban or completely prohibit the provision of natural
397397 362psychedelic services offered in accordance with this chapter and commission rules.
398398 363 (d) A city or town may not prohibit the transportation of natural psychedelic substances
399399 364through its jurisdiction on public roads by a licensee or as otherwise allowed by this chapter. 20 of 39
400400 365 (e) No agreement between a city or town and a natural psychedelic substance licensee
401401 366shall require payment of a fee to that city or town that is not directly proportional and reasonably
402402 367related to the costs imposed upon the city or town by the operation of a natural psychedelic
403403 368substance licensee. Any cost to a city or town by the operation of a natural psychedelic substance
404404 369licensee shall be documented and considered a public record as defined by clause Twenty-Sixth
405405 370of section 7 of chapter 4 of the General Laws.
406406 371 (f) A city or town may not adopt an ordinance or by-law that is unreasonably
407407 372impracticable or in conflict with this act, but may enact ordinances or by-laws that impose lesser
408408 373criminal or civil penalties related to natural psychedelic substances than provided by this act or
409409 374other state law.
410410 375 Section 4. Licensing of Natural Psychedelic Substances and Services
411411 376 (a) The natural psychedelic substances commission shall, in consultation with the natural
412412 377psychedelic substances advisory board and in accordance with chapter 30A of the General Laws,
413413 378adopt regulations consistent with this chapter for the administration, clarification and
414414 379enforcement of laws regulating and licensing the provision of natural psychedelic substances and
415415 380services. The regulations shall include rules to:
416416 381 (l) License qualified persons or entities for the following activities related to one or more
417417 382natural psychedelic substances: cultivating, processing, transporting, testing, selling, operating a
418418 383premises where natural psychedelic services take place, and facilitating natural psychedelic
419419 384services that include:
420420 385 (A) Establishing categories of licensure and registration that include, at minimum: 21 of 39
421421 386 (i)a psychedelic therapy center license;
422422 387 (ii)a facilitator license;
423423 388 (iii) a cultivation, processing, or sales-only license that would allow for the provision
424424 389and sale of natural psychedelic substances to a participant at the premises of a separately licensed
425425 390psychedelic therapy center or approved location for use during an administration session at that
426426 391psychedelic therapy center or approved location; and
427427 392 (iv)a testing license for the testing of natural psychedelic substances for concentration
428428 393and contaminants;
429429 394 (B) Establishing license application, issuance, denial, renewal, suspension, and
430430 395revocation procedures; and
431431 396 (C) Establishing application, licensing and renewal fees that shall be:
432432 397 (i)sufficient, but shall not exceed the amount necessary, to cover the cost of
433433 398administering this chapter; and
434434 399 (ii)for licensing and renewal fees, scaled based on either the volume of business of
435435 400the licensee or the gross annual revenue of the licensee.
436436 401 (2) Establish the requirements governing the safe provision of natural psychedelic
437437 402services to participants that include:
438438 403 (A) holding and verifying completion of a preparation session, an administration session,
439439 404and an integration session; 22 of 39
440440 405 (B) health and safety warnings that must be provided to participants before natural
441441 406psychedelic services begin;
442442 407 (C) educational materials that must be provided to participants before natural psychedelic
443443 408services begin;
444444 409 (D) a safety screen provided by a facilitator that a participant must complete prior to an
445445 410administration session;
446446 411 (E) the form that each facilitator and participant must sign before providing or receiving
447447 412natural psychedelic services verifying that the participant was provided accurate and complete
448448 413health information in accordance with commission rules, was informed of identified risk factors
449449 414and contraindications, and provided informed consent to receive natural psychedelic services;
450450 415 (F) proper supervision during the administration session and safe transportation for the
451451 416participant when the session is complete;
452452 417 (G) provisions for group administration sessions where one or more facilitators provide
453453 418natural psychedelic services to more than one participant as part of the same administration
454454 419session;
455455 420 (H) provisions to allow a facilitator or a psychedelic therapy center to refuse to provide
456456 421natural psychedelic services to a participant;
457457 422 (I) the requirements and standards for testing of natural psychedelic substances for
458458 423concentration and contaminants, to the extent available technology reasonably permits;
459459 424 (J) the standards for advertising and marketing natural psychedelic substances and natural
460460 425psychedelic services; 23 of 39
461461 426 (K) insurance requirements to the extent such policies are commercially available and not
462462 427cost-prohibitive; and
463463 428 (L) age verification procedures to ensure that a participant is 21 years of age or older.
464464 429 (3) Establish the requirements governing the licensing and practice of facilitators, that
465465 430include:
466466 431 (A) the scope of practice for facilitators;
467467 432 (B) the qualifications, education, and training requirements that facilitators must meet
468468 433before providing natural psychedelic services, that shall:
469469 434 (i)be tiered to require varying levels of education and training depending on the
470470 435participants the facilitator will be working with and the services the facilitator will be providing;
471471 436 (ii)include education and training on participant safety; contraindications; mental
472472 437health; mental state; physical health; physical state; social and cultural considerations; physical
473473 438environment; preparation; integration; and ethics;
474474 439 (iii)allow for limited waivers of education and training requirements based on an
475475 440applicant's prior experience, training, or skill, including, but not limited to, with natural
476476 441psychedelic substances;
477477 442 (iv)not impose unreasonable financial or logistical barriers that make obtaining a
478478 443facilitator license commercially unreasonable for low-income people; and
479479 444 (v)not require a professional license or professional degree other than a facilitator
480480 445license granted pursuant to this section for the first tier of licensing. 24 of 39
481481 446 (C) procedures and policies that allow for paid compensation for natural psychedelic
482482 447services and natural psychedelic substances;
483483 448 (D) procedures and policies that allow for the provision of natural psychedelic services to
484484 449more than one participant at a time in group administration sessions;
485485 450 (E) oversight and supervision requirements for facilitators, including professional
486486 451responsibility standards and continuing education requirements;
487487 452 (F) a complaint, review, and disciplinary process for facilitators who engage in
488488 453misconduct; and
489489 454 (G) recordkeeping, privacy, and confidentiality requirements for facilitators, provided
490490 455such record keeping does not result in the disclosure to the public or any government agency of
491491 456personally identifiable information of participants.
492492 457 (4) Establish the requirements governing the licensing and operation of psychedelic
493493 458therapy centers and other licensees, that include:
494494 459 (A) oversight requirements for natural psychedelic substance licensees;
495495 460 (B) recordkeeping, privacy, and confidentiality requirements for natural psychedelic
496496 461substance licensees, provided such record keeping does not result in the disclosure to the public
497497 462or any government agency of personally identifiable information of participants;
498498 463 (C) security requirements for natural psychedelic substance licensees, including
499499 464requirements for protection of each licensed psychedelic therapy center location by a fully
500500 465operational security alarm system; 25 of 39
501501 466 (D) procedures and policies that allow for natural psychedelic substance licensees to
502502 467receive payment for services and natural psychedelic substances provided;
503503 468 (E) procedures and policies to ensure statewide access to psychedelic therapy centers and
504504 469natural psychedelic services;
505505 470 (F) rules that prohibit an individual from having a financial interest in more than 5
506506 471psychedelic therapy centers;
507507 472 (G) rules that allow for natural psychedelic substance licensees to share the same
508508 473premises with other natural psychedelic substance licensees or to share the same premises with
509509 474health-care facilities, so that a participant may receive natural psychedelic substances from one
510510 475natural psychedelic substance licensee and complete the administration session at a separately-
511511 476owned and approved location;
512512 477 (H) rules that allow a psychedelic therapy center to provide natural psychedelic services
513513 478to a participant on a separate psychedelic therapy center's premise, a licensed health-care facility,
514514 479a private residence, or other location allowed by the commission; and
515515 480 (I) rules that allow for approval of locations not owned by a psychedelic therapy center
516516 481where natural psychedelic services may be provided by licensed facilitators, including but not
517517 482limited to, health-care facilities and private residences.
518518 483 (5) Establish procedures, policies, and programs to ensure that natural psychedelic
519519 484substances licensing and the provision of natural psychedelic services is equitable and inclusive
520520 485and to promote the licensing of and the provision of natural psychedelic services to persons from
521521 486low-income communities; to persons who face barriers to access to health care; to persons who 26 of 39
522522 487have a history of traditional or Indigenous use of natural psychedelic substances; and to persons
523523 488who are veterans that include, but are not limited to:
524524 489 (A) reduced fees for licensure and facilitator training programs and other support services
525525 490for applicants which may include loans and grants;
526526 491 (B) incentivizing the provision of natural psychedelic services at a reduced cost to low-
527527 492income individuals;
528528 493 (C) incentivizing geographic and cultural diversity in licensing and the provision and
529529 494availability of natural psychedelic services; and
530530 495 (D) a process for annually reviewing the effectiveness of such policies and programs
531531 496promulgated under this subdivision.
532532 497 (6) Gather and publish, on an annual basis, adequate information to facilitate research
533533 498concerning the implementation, safety, equity, quality and outcomes of this chapter, following
534534 499sound data and privacy protocols, without revealing any identifiable details pertaining to
535535 500individual participants.
536536 501 (7) Adopt, amend, and repeal rules as necessary to implement this chapter and to protect
537537 502the public health and safety.
538538 503 (b) The commission shall administer the laws and regulations relating to natural
539539 504psychedelic substance licensees in this chapter.
540540 505 (c) Upon receiving a complete application for a license under this chapter, the
541541 506commission shall have 120 days to issue its decision on such application. 27 of 39
542542 507 (d) The commission may suspend or revoke a natural psychedelic substances license
543543 508under regulations made pursuant to this chapter upon written notice of a violation and, if
544544 509applicable, an opportunity to cure any violation within 30 days of such notice. All natural
545545 510psychedelic substance licensees shall be entitled to an adjudicatory hearing pursuant to chapter
546546 51130A of the General Laws prior to suspension of a license for longer than 5 days or the revocation
547547 512of a license.
548548 513 (e) The commission shall enforce the laws and regulations relating to the cultivation,
549549 514processing, preparing, delivery, storage, sale, facilitation, and testing of natural psychedelic
550550 515substances and the provision of natural psychedelic services. The commission shall conduct
551551 516investigations of compliance with this chapter and shall perform regular inspections of licensees
552552 517and the books and records of licensees as necessary to enforce this chapter. The commission
553553 518shall cooperate with appropriate state and local organizations to provide training to law
554554 519enforcement officers of the commonwealth and its political subdivisions.
555555 520 (f) The commission shall hold a public hearing before the adoption, amendment or repeal
556556 521of any regulation. Adjudicatory proceedings shall be conducted pursuant to chapter 30A of the
557557 522General Laws and to standard rules of adjudicatory procedure established pursuant to section 9
558558 523of chapter 30A of the General Laws.
559559 524 (g) The commission shall annually publish a full report of its actions during each year
560560 525containing a comprehensive description of its activities and a statement of revenue and expenses
561561 526of the commission. 28 of 39
562562 527 (h) The commission shall deposit all license, registration and monetary penalties
563563 528collected pursuant to this chapter in the Natural Psychedelic Substances Regulation Fund
564564 529established by section 12 of this chapter.
565565 530 (i) In carrying out its duties under this chapter, the commission shall consult with the
566566 531natural psychedelic substances advisory board and may also consult with other state agencies or
567567 532any other individual or entity the commission finds necessary.
568568 533 Section 5. Personal use of natural psychedelic substances
569569 534 (a) Notwithstanding any other general or special law to the contrary, except as otherwise
570570 535provided in this chapter, a person 21 years of age or older shall not be arrested, prosecuted,
571571 536penalized, sanctioned or disqualified under the laws of the commonwealth in any manner, or
572572 537denied any right or privilege and shall not be subject to seizure or forfeiture of assets for:
573573 538 (1) Possessing, using, processing, or testing not more than a personal use amount of a
574574 539natural psychedelic substance;
575575 540 (2) Possessing, cultivating, or processing plants or fungi capable of producing a natural
576576 541psychedelic substance and possessing the natural psychedelic substance produced from those
577577 542plants or fungi so long as:
578578 543 (A) the plants or fungi being cultivated do not cumulatively exceed an area of more than
579579 54412 feet wide by 12 feet long in one or more cultivation areas in or on the grounds of the
580580 545residence of the person cultivating the natural psychedelic substance and are secured from access
581581 546by persons under 21 years of age; and 29 of 39
582582 547 (B) any natural psychedelic substances produced in excess of a personal use amount are
583583 548kept in or on the grounds of the residence of the person cultivating the natural psychedelic
584584 549substance and are secured from access by persons under 21 years of age.
585585 550 (3) Assisting another person who is 21 years of age or older in any of the acts described
586586 551in this section; and
587587 552 (4) Giving away or otherwise transferring without remuneration not more than a personal
588588 553use amount of a natural psychedelic substance to a person 21 years of age or older, so long as the
589589 554transfer is not advertised or promoted to the public and is not part of a business promotion or
590590 555other commercial activity.
591591 556 (b) For purposes of this chapter, "personal use amount" means the following amounts of
592592 557natural psychedelic substances per person:
593593 558 (l) One (1) gram of dimethyltryptamine;
594594 559 (2) Eighteen (18) grams of mescaline;
595595 560 (3) Thirty (30) grams of ibogaine;
596596 561 (4) One (l) gram of psilocybin; and
597597 562 (5) One (l) gram of psilocyn.
598598 563 "Personal use amount" does not include the weight of any material of which the
599599 564substance is a part or to which the substance is added, dissolved, held in solution, or suspended,
600600 565or ingredients or material combined with substances specified in this subsection from plants or
601601 566fungi as part of a preparation. 30 of 39
602602 567 (c) Notwithstanding any other general or special law to the contrary, except as otherwise
603603 568provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or
604604 569otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for
605605 570allowing property the person owns, occupies or manages to be used for any of the activities
606606 571conducted lawfully under this chapter or for enrolling or employing a person who engages in
607607 572natural psychedelic substance-related activities lawfully under this chapter.
608608 573 (d) Absent clear, convincing and articulable evidence that the person's actions related to
609609 574any natural psychedelic substance have created an unreasonable danger to the safety of a minor
610610 575child, neither the presence of natural psychedelic substance components or metabolites in a
611611 576person's bodily fluids nor conduct permitted under this chapter related to natural psychedelic
612612 577substances by a person charged with the well-being of a child shall form the sole or primary
613613 578basis for substantiation, service plans, removal or termination or for denial of custody, visitation,
614614 579or any other parental right or responsibility.
615615 580 (e) The use of natural psychedelic substances shall not disqualify a person from any
616616 581needed medical procedure or medical treatment or any other lawful health related service.
617617 582 (f) Nothing in this chapter shall restrict the sale, possession, display, or cultivation of
618618 583living plants that were lawful prior to the enactment of this section.
619619 584 (g) Engaging in natural psychedelic substance-related activities as permitted under this
620620 585chapter shall not, by itself, be the basis to deny eligibility for any public assistance program,
621621 586unless required by federal law.
622622 587 (h) Nothing in this section shall be construed to allow a person to cultivate, process, or
623623 588prepare a natural psychedelic substance in an inherently hazardous manner. 31 of 39
624624 589 (i) Nothing in this section shall be construed to preclude any actions by a natural
625625 590psychedelic substance licensee consistent with commission rule.
626626 591 Section 6. Natural psychedelic substance paraphernalia authorized
627627 592 Notwithstanding any general or special law to the contrary, except as otherwise provided
628628 593in this chapter, a person 21 years of age or older shall not be arrested, prosecuted, penalized,
629629 594sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for
630630 595possessing, purchasing or otherwise obtaining or manufacturing paraphernalia used for natural
631631 596psychedelic substance-related activities or for selling or otherwise transferring paraphernalia
632632 597used for natural psychedelic substance-related activities to a person who is 21 years of age or
633633 598older.
634634 599 Section 7. Lawful operation of natural psychedelic substance licensees
635635 600 (a) Notwithstanding any other general or special law to the contrary, except as otherwise
636636 601provided in this chapter, actions and conduct permitted pursuant to a natural psychedelic
637637 602substance license issued by the commission or otherwise permitted by commission rule, or by
638638 603those who allow property to be used pursuant to a natural psychedelic substance license issued
639639 604by the commission or as otherwise permitted by commission rule, are not unlawful and shall not
640640 605be an offense under state law, or the laws of any locality within the state, or be subject to a civil
641641 606fine, penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any right or
642642 607privilege, or to seize or forfeit assets under state law or the laws of any locality within the state.
643643 608 (b) Nothing in this section shall be construed or interpreted to prevent the commission
644644 609from enforcing its rules against a natural psychedelic substance licensee or to limit a state or
645645 610local law enforcement agency's ability to investigate unlawful activity in relation to a licensee. 32 of 39
646646 611 Section 8. Contracts pertaining to natural psychedelic substances enforceable
647647 612 It is the public policy of the commonwealth that contracts related to natural psychedelic
648648 613substances under this chapter shall be enforceable. A contract entered into by a natural
649649 614psychedelic substance licensee or its agents as permitted pursuant to a valid license issued by the
650650 615commission, or by those who allow property to be used by a natural psychedelic substance
651651 616licensee or its agents as permitted pursuant to a valid license issued by the commission or as
652652 617permitted by commission rule, shall not be unenforceable or void exclusively because the actions
653653 618or conduct permitted pursuant to the license is prohibited by federal law.
654654 619 Section 9. Provision of professional services
655655 620 A person engaged in a profession or occupation subject to licensure shall not be subject
656656 621to disciplinary action by a professional licensing board solely for providing professional services
657657 622related to activity permitted under this chapter that is not subject to criminal penalty under the
658658 623laws of the commonwealth. This section does not permit a person to engage in malpractice or to
659659 624violate the standards of professional practice for which a person is licensed.
660660 625 Section 10. Insurance
661661 626 Unless required by federal law, mental health, substance use disorder, or behavioral
662662 627health services otherwise covered under MassHealth shall not be denied on the basis that they are
663663 628covered in conjunction with natural psychedelic services or that natural psychedelic substances
664664 629are prohibited by federal law. No insurance or insurance provider is required to cover the cost of
665665 630a natural psychedelic substance itself.
666666 631 Section 11. Penalties 33 of 39
667667 632 (a) Restrictions on access by persons under 21. A person who violates section 5(a)(2) of
668668 633this chapter by failing to secure plants, fungi, or natural psychedelic substances from access by
669669 634persons under 21 years of age shall be punished by a civil penalty of not more than $100 and
670670 635forfeiture of the natural psychedelic substance.
671671 636 (b) Restrictions on possession in excess of the personal use amount. A person who is at
672672 637least 21 years of age and who possesses an amount of a natural psychedelic substance that is
673673 638more than the personal use amount but not more than double the personal use amount, except as
674674 639permitted by section 5(a)(2) of this chapter, shall be subject to a civil penalty of not more than
675675 640$100 and forfeiture of the natural psychedelic substance, but shall not be subject to any other
676676 641form of criminal or civil punishment or disqualification solely for this conduct.
677677 642 (c) Restrictions on public consumption of natural psychedelic substances. No person shall
678678 643consume any natural psychedelic substance in a public place. A person who violates this
679679 644subsection shall be punished by a civil penalty of not more than $100. This subsection shall not
680680 645apply to a person who consumes a natural psychedelic substance at a location licensed or
681681 646approved by the commission to provide natural psychedelic services.
682682 647 (d) Possession by a person under 21 years of age. A person under 21 years of age who
683683 648possesses not more than a personal use amount of a natural psychedelic substance shall be
684684 649punished by a civil penalty of not more than $100 and shall complete a drug awareness program
685685 650established pursuant to section 32M of chapter 94C of the General Laws. The parents or legal
686686 651guardian of any offender under the age of 18 shall be notified in accordance with section 32N of
687687 652chapter 94C of the General Laws and the failure within I year of the offense of such an offender 34 of 39
688688 653to complete a drug awareness program may be a basis for delinquency proceedings for persons
689689 654under the age of 17 at the time of the person's offense.
690690 655 (e) Enforcement. Civil penalties imposed pursuant to this section shall be enforced by
691691 656utilizing the non-criminal disposition procedures provided in section 32N of chapter 94C of the
692692 657General Laws.
693693 658 Section 12. Natural Psychedelic Substances Regulation Fund
694694 659 (a) There shall be established and set up on the books of the commonwealth a separate
695695 660fund, to be known as the Natural Psychedelic Substances Regulation Fund. It shall, subject to
696696 661appropriation, consist of all monies received on account of the commonwealth as a result of
697697 662applications for and licensing under this chapter, all civil penalties received for violations of this
698698 663chapter, revenue generated by the state tax imposed by section 2 of chapter 64O of the General
699699 664Laws and interest earned or other income on balances in the fund.
700700 665 (b) Subject to appropriation, the fund shall be expended first for the implementation,
701701 666administration and enforcement of this chapter by the commission.
702702 667 SECTION 6. Notwithstanding any general or special law to the contrary, in making
703703 668initial appointments to the natural psychedelic substances commission established in section 79
704704 669of chapter 10 of the General Laws, of the members to be appointed by majority agreement of the
705705 670governor, the attorney general, and the treasurer and receiver general, 1 commissioner shall be
706706 671appointed for a term of 3 years and 1 shall be appointed for a term of 4 years. The commissioner
707707 672to be appointed by the treasurer and receiver general shall serve for a term of 5 years, the
708708 673commissioners to be appointed by the attorney general shall serve for a term of 6 years and the
709709 674commissioner appointed by the governor shall serve for a term of 7 years. Commissioners shall 35 of 39
710710 675be appointed by March 1, 2025; provided, however, that no person shall be allowed to serve on
711711 676the commission prior to the completion of a background investigation check pursuant to said
712712 677section 79 of said chapter 10.
713713 678 SECTION 7. Notwithstanding any general or special law to the contrary, the initial
714714 679appointments to the natural psychedelic substance advisory board established in section 80 of
715715 680chapter 10 of the General Laws shall be made by March 1, 2025.
716716 681 The advisory board shall meet at least quarterly until January 1, 2028, and thereafter at a
717717 682frequency of its choosing.
718718 683 SECTION 8. The natural psychedelic substances commission shall promulgate
719719 684regulations under section 4 of chapter 94J of the General Laws concerning at least one natural
720720 685psychedelic substance not later than April 1, 2026, provided that regulations concerning all
721721 686natural psychedelic substances are promulgated not later than April 1, 2028.
722722 687 SECTION 9. The natural psychedelic substances commission shall begin accepting
723723 688applications for licensure under section 4 of chapter 94J of the General Laws not later than
724724 689September 30, 2026.
725725 690 SECTION 10. This act shall take effect on December 15, 2024. 36 of 39
726726 FIRST TEN SIGNERS
727727 NAMERESIDENCECITY OR T OWNSARKO GERGERIAN93 PLEASANT S TREETWINTHROPFRANKLIN KING, IV19 ARBOROUGH R OAD BOSTONBRIAN M CGEENEY115 MOSS HILL R OADBOSTONMEREDITH LL MOGHIMI14 SULLIVAN S TREET, # 2BOSTONJENNIFER S. FRUTCHY43 LARCHWOOD DRIVECAMBRIDGEEDWARD W. F ORD43 LARCHWOOD DRIVECAMBRIDGECASEY LEAVER215 TREMONT S TREETMANSFIELDADAM F INE81 WABAN AVENUENEWTONDAVID M. ULLIAN174 HOWARD S TREETMELROSESTEVEN C ROTEAU408 DOUGLAS S TREETUXBRIDGE 37 of 39
728728 CERTIFICATE OF THE ATTORNEY GENERAL.
729729 Honorable William Francis Galvin
730730 Secretary of the Commonwealth
731731 One Ashburton Place, Room 1705
732732 Boston, Massachusetts 02108
733733 RE: Initiative Petition No. 23-13: An Act relative to the regulation and
734734 taxation of natural psychedelic substances
735735 Dear Secretary Galvin:
736736 In accordance with the provisions of Article 48 of the Amendments to
737737 the Massachusetts Constitution, I have reviewed the above-referenced initiative
738738 petition, which was submitted to me on or before the first Wednesday of August
739739 of this year.
740740 I hereby certify that this measure is in proper form for submission to
741741 the people; that the measure is not, either affirmatively or negatively,
742742 substantially the same as any measure which has been qualified for submission
743743 or submitted to the people at either of the two preceding biennial state elections;
744744 and that it contains only subjects that are related or are mutually dependent and
745745 which are not excluded from the initiative process pursuant to Article 48, the
746746 Initiative, Part 2, Section 2.
747747 In accordance with Article 48, I enclose a fair, concise summary of the
748748 measure.
749749 Sincerely,
750750 ANDREA JOY CAMPBELL,
751751 Attorney General. 38 of 39
752752 Summary of 23-13
753753 This proposed law would allow persons aged 21 and older to grow, possess, and
754754 use certain natural psychedelic substances in certain circumstances. The psychedelic
755755 substances allowed would be two substances found in mushrooms (psilocybin and
756756 psilocyn) and three substances found in plants (dimethyltryptamine, mescaline, and
757757 ibogaine). These substances could be purchased at an approved location for use under the
758758 supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail
759759 sale of natural psychedelic substances. This proposed law would also provide for the
760760 regulation and taxation of these psychedelic substances.
761761 This proposed law would license and regulate facilities offering supervised use of
762762 these psychedelic substances and provide for the taxation of proceeds from those facilities’
763763 sales of psychedelic substances. It would also allow persons aged 21 and older to grow
764764 these psychedelic substances in a 12-foot by 12-foot area at their home and use these
765765 psychedelic substances at their home. This proposed law would authorize persons aged 21
766766 or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of
767767 dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine (“personal use
768768 amount”), in addition to whatever they might grow at their home, and to give away up to
769769 the personal use amount to a person aged 21 or over.
770770 This proposed law would create a Natural Psychedelic Substances Commission of
771771 five members appointed by the Governor, Attorney General, and Treasurer which would
772772 administer the law governing the use and distribution of these psychedelic substances. The
773773 Commission would adopt regulations governing licensing qualifications, security,
774774 recordkeeping, education and training, health and safety requirements, testing, and age
775775 verification. This proposed law would also create a Natural Psychedelic Substances
776776 Advisory Board of 20 members appointed by the Governor, Attorney General, and
777777 Treasurer which would study and make recommendations to the Commission on the
778778 regulation and taxation of these psychedelic substances.
779779 This proposed law would allow cities and towns to reasonably restrict the time,
780780 place, and manner of the operation of licensed facilities offering psychedelic substances,
781781 but cities and towns could not ban those facilities or their provision of these substances.
782782 The proceeds of sales of psychedelic substances at licensed facilities would be
783783 subject to the state sales tax and an additional excise tax of 15 percent. In addition, a city or
784784 town could impose a separate tax of up to two percent. Revenue received from the
785785 additional state excise tax, license application fees, and civil penalties for violations of this
786786 proposed law would be deposited in a Natural Psychedelic Substances Regulation Fund
787787 and would be used, subject to appropriation, for administration of this proposed law.
788788 Using the psychedelic substances as permitted by this proposed law could not be a
789789 basis to deny a person medical care or public assistance, impose discipline by a
790790 professional licensing board, or enter adverse orders in child custody cases absent clear
791791 and convincing evidence that the activities created an unreasonable danger to the safety of
792792 a minor child.
793793 This proposed law would not affect existing laws regarding the operation of motor
794794 vehicles while under the influence, or the ability of employers to enforce workplace
795795 policies restricting the consumption of these psychedelic substances by employees. This
796796 proposed law would allow property owners to prohibit the use, display, growing,
797797 processing, or sale of these psychedelic substances on their premises. State and local 39 of 39
798798 governments could continue to restrict the possession and use of these psychedelic
799799 substances in public buildings or at schools.
800800 This proposed law would take effect on December 15, 2024.