Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4255 Latest Draft

Bill / Introduced Version Filed 02/01/2024

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HOUSE . . . . . . . . . . . . . . . No. 4255
The Commonwealth of Massachusetts
——————
INITIATIVE PETITION OF SARKO GERGERIAN AND OTHERS
OFFICE OF THE SECRETARY.
BOSTON, JANUARY 16, 2024.
Steven T. James
Clerk of the House of Representatives
State House
Boston, Massachusetts 02133
                    Sir: — I herewith transmit to you, in accordance with the 
requirements of Article XLVIII of the Amendments to the Constitution “An 
Initiative Petition for a Law Relative to the Regulation and Taxation of Natural 
Psychedelic Substance,” signed by ten qualified voters and filed with this 
department on or before December 6, 2023, together with additional signatures 
of qualified voters in the number of 96,277, being a sufficient number to comply 
with the Provisions of said Article.             
Sincerely,
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth.
AN INITIATIVE PETITION.
    Pursuant to Article XLVIII of the Amendments to the Constitution of the 
Commonwealth, 	as amended, the undersigned qualified voters of the 
Commonwealth, ten in number at least, hereby petition for the enactment into 
law of the following measure: 2 of 39
        FILED ON: 1/23/2024
HOUSE . . . . . . . . . . . . . . . No. 4255
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to the regulation and taxation of natural psychedelic substances.
Be it enacted by the People, and by their authority, as follows:
1 SECTION 1. The purpose of this act is to establish a new, compassionate, culturally 
2responsible, and effective approach to natural psychedelic substances by: (a) establishing 
3regulated access for adults 21 years of age and older to natural psychedelic substances that show 
4therapeutic potential in increasing well-being and life satisfaction and improving mental health; 
5and (b) adopting a public health approach to natural psychedelic substances by removing 
6criminal penalties for limited personal use by adults 21 years of age and older. Its intent is to 
7remove the personal use of natural psychedelic substances from the illicit market and to provide 
8supervised, safe access in a therapeutic setting through a regulated and taxed system. To the 
9fullest extent possible, its terms are to be interpreted in accordance with the purpose and intent 
10set forth in this section. 
11 SECTION 2. This act may be known as "The Natural Psychedelic Substances Act."
12 SECTION 3. Chapter 10 of the General Laws is hereby amended by inserting after 
13section 78 the following sections: 3 of 39
14 Section 79. Natural Psychedelic Substances Commission
15 (a) There shall be a Massachusetts natural psychedelic substances commission which 
16shall consist of 5 commissioners: 1 of whom shall be appointed by the governor and shall have a 
17background in psychedelic research and science; 1 of whom shall be appointed by the attorney 
18general and shall have a background in public safety; 1 of whom shall be appointed by the 
19treasurer and receiver general and shall have experience in corporate management, finance or 
20securities; and 2 of whom shall be appointed by a majority vote of the governor, attorney general 
21and treasurer and receiver general, 1 of whom shall have professional experience in oversight or 
22industry management, including the provision of services, in a regulated industry and 1 of whom 
23shall have a background related to Indigenous or traditional uses of natural psychedelic 
24substances. The treasurer and receiver general shall designate the chair of the commission. The 
25chair shall serve in that capacity throughout the term of appointment and until a successor shall 
26be appointed. Prior to appointment to the commission, a background investigation shall be 
27conducted into the financial stability, integrity and responsibility of a candidate, including the 
28candidate's reputation for good character and honesty. No person who has been convicted of a 
29felony shall be eligible to serve on the commission.
30 (b) Each commissioner shall be a resident of the commonwealth within 90 days of 
31appointment and, while serving on the commission, shall not: (i) hold, or be a candidate for, 
32federal, state or local elected office; (ii) hold an appointed office in a federal, state or local 
33government; or (iii) serve as an official in a political party. Not more than 3 commissioners shall 
34be from the same political 	party. 4 of 39
35 (c) Each commissioner shall serve for a term of 5 years or until a successor is appointed 
36and shall be eligible for reappointment; provided, however, that no commissioner shall serve 
37more than 10 years. A person appointed to fill a vacancy in the office of a commissioner shall be 
38appointed in a like manner and shall serve for only the unexpired term of that commissioner.
39 (d) The governor, attorney general or treasurer and receiver general may remove a 
40commissioner who was appointed by that appointing authority if the commissioner: (i) is guilty 
41of malfeasance in office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to 
42discharge the powers and duties of the office; (iv) commits gross misconduct; or (v) is convicted 
43of a felony. Before removal, the commissioner shall be provided with a written statement of the 
44reasons for removal and an opportunity to be heard.
45 (e) The governor, attorney general and treasurer and receiver general may, by majority 
46vote, remove a commissioner who was appointed by majority vote of the governor, attorney 
47general and treasurer and receiver general if the commissioner: (i) is guilty of malfeasance in 
48office; (ii) substantially neglects the duties of a commissioner; (iii) is unable to discharge the 
49powers and duties of the commissioner's office; (iv) commits gross misconduct; or (v) is 
50convicted of a felony. Before removal, the commissioner shall be provided with a written 
51statement of the reason for removal and an opportunity to be heard.
52 (f) Three commissioners shall constitute a quorum and the affirmative vote of 3 
53commissioners shall be required for an action of the commission. The chair or 3 members of the 
54commission may call a meeting; provided, however, that notice of all meetings shall be given to 
55each commissioner and to other persons who request such notice. The commission shall adopt  5 of 39
56regulations establishing procedures, which may include electronic communications, by which a 
57request to receive notice shall be made and the method by which timely notice may be given.
58 (g) Commissioners shall receive salaries not greater than .75 of the salary of the secretary 
59of administration and finance under section 4 of chapter 7; provided, however, that the chair 
60shall receive a salary equal to the salary of the secretary of administration and finance. 
61Commissioners shall devote their full time and attention to the duties of their office.
62 (h) The commission shall annually elect 1 of its members to serve as secretary and 1 of 
63its members to serve as treasurer. The secretary shall keep a record of the proceedings of the 
64commission and shall be the custodian and keeper of the records of all books, documents and 
65papers filed by the commission and of its minute book. The secretary shall cause copies to be 
66made of all minutes and other records and documents of the commission and shall certify that 
67such copies are true copies and all persons dealing with the commission may rely upon such 
68certification.
69 (i) The chair shall have and exercise supervision and control over all the affairs of the 
70commission. The chair shall preside at all hearings at which the chair is present and shall 
71designate a commissioner to act as chair in the chair's absence. To promote efficiency in 
72administration, the chair shall make such division or re-division of the work of the commission 
73among the commissioners as the chair deems expedient.
74 (j) The commissioners shall, if so directed by 	the chair, participate in the hearing and 
75decision of any matter before the commission; provided, however, that at least 2 commissioners 
76shall participate in the hearing and decision of matters other than those of formal or 
77administrative character coming before the commission; and provided further, that any such  6 of 39
78matter may be heard, examined and investigated by an employee of the commission designated 
79and assigned by the chair, with the concurrence of 1 other commissioner. Such employee shall 
80make a report in writing relative to the hearing, examination and investigation of every such 
81matter to the commission for its decision. For the purposes of hearing, examining and 
82investigating any such matter, such employee shall have all of the powers conferred upon a 
83commissioner by this section. For each hearing, the concurrence of a majority of the 
84commissioners participating in the decision shall be necessary.
85 (k) The commission shall appoint an executive director. The executive director shall 
86serve at the pleasure of the commission, shall receive such salary as may be determined by the 
87commission, and shall devote full time and attention to the duties of the office. The executive 
88director shall be a person with skill and experience in management, shall be the executive and 
89administrative head of the commission and shall be responsible for administering and enforcing 
90the law relative to the commission and to each administrative unit thereof. The executive director 
91shall appoint and employ a chief financial and accounting officer and may, subject to the 
92approval of the commission, employ other employees, consultants, agents and advisors, 
93including legal counsel, and shall attend meetings of the commission. The chief financial and 
94accounting officer of the commission shall be in charge of its funds, books of account and 
95accounting records. No funds shall be transferred by the commission without the approval of the 
96commission and the signatures of the chief financial and accounting officer and the treasurer of 
97the commission. In the case of an absence or vacancy in the office of the executive director or in 
98the case of disability as determined by the commission, the commission may designate an acting 
99executive director to serve as executive director until the vacancy is filled or the absence or  7 of 39
100disability ceases. The acting executive director shall have all of the powers and duties of the 
101executive director and shall have similar qualifications as the executive director.
102 (l) Chapters 268A and 268B shall apply to the commissioners and to employees of the 
103commission; provided, however, that the commission shall establish a code of ethics for all 
104members and employees that shall be more restrictive than said chapters 268A and 268B. A copy 
105of the code shall be filed with the state ethics commission. The code shall include provisions 
106reasonably necessary to carry out the purposes of this section and any other laws subject to the 
107jurisdiction of the commission including, but not limited to: (i) prohibiting the receipt of gifts by 
108commissioners and employees from any natural psychedelic substance licensee, applicant, close 
109associate, affiliate or other person or entity subject to the jurisdiction of the commission; (ii) 
110prohibiting the participation by commissioners and employees in a particular matter as defined in 
111section 1 of said chapter 268A that affects the financial interest of a relative within the third 
112degree of consanguinity or a person with whom such commissioner or employee has a significant 
113relationship as defined in the code; and (iii) providing for recusal of a commissioner in a 
114licensing decision due to a potential conflict of interest.
115 (m) The Massachusetts natural psychedelic substances commission shall be a commission 
116for the purposes of section 3 of chapter 12.
117 (n) The commission shall, for the purposes of compliance with state finance law, operate 
118as a state agency as defined in section 1 of chapter 29 and shall be subject to the laws applicable 
119to agencies under the control of the governor; provided, however, that the instructions or actions 
120necessary for the department to manage fiscal operations in the state accounting system and meet 
121statewide and other governmental accounting and audit standards. The commission shall  8 of 39
122properly classify its operating and capital expenditures, and shall not include any salaries of 
123employees in the commission's capital expenditures. Unless otherwise exempted by law or the 
124applicable central service agency, the commission shall participate in any other available 
125commonwealth central services including, but not limited to, the state payroll system pursuant to 
126section 31 of said chapter 29, and may purchase other goods and services provided by state 
127agencies in accordance with comptroller provisions. The comptroller may chargeback the 
128commission for the transition and ongoing costs for participation in the state accounting and 
129payroll systems and may retain and expend such costs without further appropriation for the 
130purposes of this section. The commission shall be subject to section 5D and subsection (f) of 
131section 6B of said chapter 29.
132 Section 80. Natural Psychedelic Substances Advisory Board
133 (a) There shall be a natural psychedelic substances advisory board to study and make 
134recommendations to the Massachusetts natural psychedelic substances commission on the 
135regulation and taxation of natural psychedelic substances. The board shall consist of: the 
136executive director of the Massachusetts natural psychedelic substances commission who shall 
137serve as chair; the secretary of health and human services or a designee; the commissioner of 
138revenue or a designee; the commissioner of public health or a designee; the colonel of the state 
139police or a designee; 5 persons appointed by the governor, 1 of whom shall be a person with 
140expertise in mental or behavioral health, 1 of whom shall be a person with expertise in natural 
141psychedelic substance therapy, 1 of whom shall be a person with expertise on issues confronting 
142veterans, 1 of whom shall be a person with expertise in developing and implementing evaluation 
143methodologies to assess the outcomes of a program, including its achievements, safety, quality, 
144and impact on individuals, and 1 person with expertise in Indigenous uses of natural psychedelic  9 of 39
145substances; 5 persons appointed by the attorney general, I of whom shall be a person with 
146expertise in health care insurance or barriers in access to healthcare, 1 of whom shall be a person 
147with expertise in emergency medical services or first responders, 1 of whom shall be a person 
148with expertise in mycology and natural psychedelic substance cultivation, 1 of whom shall be a 
149person with expertise with experience in training psychedelic-assisted facilitators, and 1 person 
150with expertise in Indigenous uses of natural psychedelic substances; and 5 persons appointed by 
151the treasurer and receiver-general, 1 of whom shall be a person with expertise in harm reduction, 
1521 of whom shall be a person with expertise in municipal psychedelic policy, 1 of whom shall be 
153a person with expertise in natural psychedelic substance research, 1 of whom shall be a person 
154who is a peer recovery coach or a certified peer specialist with experience in peer support 
155training and certification in Massachusetts, and 1 person with expertise in Indigenous uses of 
156natural psychedelic substances. Members of the board shall serve for terms of 2 years or until a 
157successor is appointed and shall be eligible for reappointment. Members of the board shall serve 
158without compensation but shall be reimbursed for their expenses actually and necessarily 
159incurred in the discharge of their official duties. Members of the board shall not be state 
160employees under chapter 268A by virtue of their service on the board. To take action at a 
161meeting, a majority of the members of the board present and voting shall constitute a quorum.
162 (b) The advisory board shall:
163 (i) consider all matters submitted to it by the commission;
164 (ii) advise the commission on guidelines, rules and regulations including: 10 of 39
165 (A) accurate and culturally appropriate public health approaches regarding use, effect, 
166and risk reduction for natural psychedelic substances and the content and scope of educational 
167campaigns related to natural psychedelic substances;
168 (B) research related to the efficacy and regulation of natural psychedelic substances, 
169including recommendations related to product safety, harm reduction, and cultural responsibility;
170 (C) training programs, educational and experiential requirements, different tiers of 
171licensing, scope of practice, and qualifications for facilitators that protect participant safety, 
172increase access to services, and reduce barriers to licensure, giving consideration to existing 
173education and certification models in Massachusetts, including the peer support certification 
174model, and how to best protect existing veterans groups that use natural psychedelic substances 
175and members of other self-regulating communities; 
176 (D) affordable, equitable, ethical, inclusive, and culturally responsible access to natural 
177psychedelic services and requirements to ensure access to regulated natural psychedelic 
178substances is affordable, equitable, ethical, inclusive, and culturally responsible;
179 (E) protecting traditional uses and practices related to natural psychedelic substances and 
180access voluntary training and best practices that advance safety and reduce harm of use that 
181remains outside the regulated system;
182 (F) requirements, methods, reporting, and publication of information pertaining to the 
183implementation and outcomes of this act, in order to comprehensively measure its success, 
184safety, quality, impact on individuals' well-being and 	public health; 11 of 39
185 (G) sustainability issues related to natural psychedelic substances and impact on 
186Indigenous cultures and document existing reciprocity efforts and continuing support measures 
187that are needed;
188 (H) potential future regulation and use of additional psychedelic substances with 
189therapeutic potential, beyond those included in this chapter; and
190 (I) appropriate amounts of plants or fungi containing natural psychedelic substances that 
191are equivalent to the personal use amounts set forth in section 5(b) of chapter 94J.
192 (c) The chair may appoint subcommittees in order to expedite the work of the board; 
193provided, however, that the chair shall appoint at a minimum:
194 (i) a subcommittee on public health to develop recommendations on public health issues;
195 (ii) a subcommittee on public safety to develop recommendations on law enforcement 
196and first responder training;
197 (iii) a subcommittee on natural psychedelic substance cultivation, distribution, and 
198administration to develop recommendations on testing and licensing;
199 (iv) a subcommittee on facilitator licensing, scope of practice, and training;
200 (v) a subcommittee on natural psychedelic research;
201 (vi) a subcommittee on implementation and outcomes to develop recommendations on 
202the requirements, methods, and reporting of information to measure the act's success, safety, 
203quality, and impact on individuals' well-being; 12 of 39
204 (vii) a subcommittee on program participation and equity to develop recommendations on 
205supporting women, minority and veteran-owned businesses, individuals with experience in the 
206traditional use of natural psychedelic substances, and cooperative ownership models; and
207 (viii) a subcommittee on the Indigenous and traditional uses of natural psychedelic 
208substances.
209 SECTION 4. The General Laws are hereby amended by inserting after chapter 64N the 
210following chapter:
211 CHAPTER 64O.
212 NATURAL PSYCHEDELIC SUBSTANCES TAX.
213 Section 1. Definitions. As used in this chapter, the following words shall, unless the 
214context clearly requires otherwise, have the following meanings:
215 (a) "Commissioner", the commissioner of revenue.
216 (b) "Natural psychedelic substances" as defined in chapter 94J of the General Laws.
217 Section 2. State excise imposition; rate; payment. An excise tax is hereby imposed upon 
218the sale of natural psychedelic substances to anyone other than a natural psychedelic substance 
219licensee at a rate of 15 percent of the total sales price received by the seller as a consideration for 
220the sale. The excise tax shall be levied in addition to state tax imposed upon the sale of property 
221or services as provided in section 2 of chapter 64H of the General Laws and shall be paid by the 
222seller to the commissioner at the time provided for filing the return required by section 16 of 
223chapter 62C of the General Laws. 13 of 39
224 Section 3. Local tax option.
225 (a) Any city or town that accepts this section in the manner provided in section 4 of 
226chapter 4 of the General Laws may impose a local sales tax upon the sale or transfer of natural 
227psychedelic substance by a licensee operating within the city or town to anyone other than a 
228natural psychedelic substance licensee at a rate not greater than 2 percent of the total sales price 
229received by the seller for the sale of any natural psychedelic substance. The seller shall pay a 
230local sales tax imposed under this section to the commissioner at the same time and in the same 
231manner as the sales tax due to the commonwealth.
232 (b) All sums received by the commissioner under this section shall at least quarterly be 
233distributed, credited and paid by the state treasurer upon certification of the commissioner to 
234each city or town that has accepted this section in proportion to the amount of such sums 
235received in the city or town. Any city or town seeking to dispute the commissioner's calculation 
236of its distribution under this subsection shall notify the commissioner, in writing, not later than 1 
237year from the date the tax was distributed by the commissioner to the city or town.
238 (c) This section shall take effect in a city or town on the first day of the calendar quarter 
239following 30 days after its acceptance by the city or town or on the first day of a later calendar 
240quarter that the city or town may designate.
241 Section 4. Application of tax revenue. The commissioner shall deposit revenue collected 
242pursuant to this chapter, other than revenue collected pursuant to section 2 of chapter 64H of the 
243General Laws, in the Natural Psychedelic Substances 	Regulation Fund established by section 12 
244of chapter 94J of the General Laws and it shall be subject to appropriation. 14 of 39
245 SECTION 5. The General Laws are hereby amended by inserting after chapter 94I the 
246following chapter:
247 CHAPTER 94J.
248 REGULATED ACCESS TO NATURAL PSYCHEDELIC SUBSTANCES NOT 
249MEDICALLY PRESCRIBED
250 Section 1. Definitions. As used in this chapter, the following words shall, unless the 
251context clearly requires otherwise, have the following meanings:
252 (a) "Administration session" means a session held at a psychedelic therapy center or 
253another location as permitted by regulation adopted by the commission at which a participant 
254consumes, and experiences the effects of, a natural psychedelic substance under the supervision 
255of a facilitator or facilitators.
256 (b) "Advisory board" means the natural psychedelic substances advisory board, 
257established in section 80 of chapter 10 of the General Laws.
258 (c) "Commission" means the natural psychedelic substances commission established in 
259section 79 of chapter 10 of the General Laws.
260 (d) "Cultivate" means the growing and cultivating of natural psychedelic substances.
261 (e) "Facilitator" means a person licensed by the commission who:
262 (1) is 21 years of age or older;
263 (2) has agreed to provide natural psychedelic services to a participant; and 15 of 39
264 (3) has met the requirements established by the commission.
265 A facilitator may be paid compensation for natural psychedelic services or for natural 
266psychedelic substances and may provide natural psychedelic services to more than one 
267participant at a time in group administration sessions. A facilitator is not required to provide the 
268natural psychedelic substances.
269 (f) "Integration session" means a meeting between a participant and facilitator, or other 
270authorized person, that occurs after the participant has completed an administration session.
271 (g) "Natural psychedelic substance" means the following substances from a plant or 
272fungus and any plant, fungus or preparation containing those substances:
273 (1) Dimethyltryptamine;
274 (2) Mescaline;
275 (3) Ibogaine;
276 (4) Psilocybin; or
277 (5) Psilocyn.
278 "Natural psychedelic substance" does not mean a synthetic or synthetic analog of any of 
279these substances, nor does it mean peyote, including all parts of the plant classified botanically as 
280Lophophora williamsii, whether growing or not, its seeds, any extract from any part of the plant, 
281and every compound, salt, derivative, mixture, or preparation of the plant, or its seeds or extracts.
282 (h) "Natural psychedelic substance licensee" means an individual or an entity licensed by 
283the commission pursuant to this chapter. 16 of 39
284 (i) "Natural psychedelic services" means services provided by a facilitator or facilitators 
285or other authorized person to a participant before, during, and after the participant's consumption 
286of a natural psychedelic substance, including, at minimum:
287 (1) A preparation session;
288 (2) An administration session; and
289 (3) An integration session.
290 (j) "Participant" means a person 21 years of age or older who purchases or receives a 
291natural psychedelic substance from a natural psychedelic substance licensee for use in 
292conjunction with natural psychedelic services at an approved location and under the supervision 
293of a facilitator.
294 (k) "Preparation session" means a meeting between a participant and a facilitator, or other 
295authorized person, that occurs before the participant participates in the administration session.
296 (l) "Preparation" means a combination of substances from plants or fungi and other 
297ingredients, which is intended for use or consumption.
298 (m) "Process" means the separation of substances from plants or fungi using physical 
299separation or a solvent, and includes the combining of substances with other ingredients to make 
300preparations.
301 (n) "Psychedelic therapy center" means an entity licensed by the commission:
302 (1) That, as permitted pursuant to its license, purchases, acquires, cultivates, processes, 
303transports, tests, or sells one or more natural psychedelic substances or related supplies; or  17 of 39
304provides natural psychedelic substances for natural psychedelic services at locations permitted 
305by the commission; or engages in one or more of these activities;
306 (2) Where administration sessions are held; or
307 (3) Where natural psychedelic services are provided by a facilitator.
308 A psychedelic therapy center may receive payment for natural psychedelic services, 
309natural psychedelic substances, or other related services and products.
310 Section 2. Limitations
311 (a) Operating under the influence. This chapter does not amend existing penalties for 
312operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, 
313motorboat or other motorized form of transport or machinery while impaired by a natural 
314psychedelic substance or for consuming a natural psychedelic substance while operating, 
315navigating or being in actual physical control of any motor vehicle, train, aircraft, motorboat or 
316other motorized form of transport or machinery.
317 (b) Transfer to or possession by a person under 21 years of age. This chapter shall not be 
318construed to permit the knowing transfer of any natural psychedelic substance, with or without 
319remuneration, to a person under 21 years of age or to allow a person under 21 years of age to 
320possess, use, purchase, obtain, cultivate, process, prepare, deliver or sell or otherwise transfer 
321any natural psychedelic substance.
322 (c) Retail sale of natural psychedelic substances. This chapter shall not be construed to 
323permit the sale of natural psychedelic substances to an individual for use at a location not  18 of 39
324approved by the commission or for the purpose of consumption other than during an 
325administration session.
326 (d) Property. This chapter shall not be construed to:
327 (l) prevent a person from prohibiting or otherwise regulating the consumption, display, 
328cultivation, processing, or sale of natural psychedelic substances on or in property the person 
329owns, occupies or manages;
330 (2) prevent the commonwealth, a subdivision thereof or local government agency from 
331prohibiting or otherwise regulating the possession or consumption of natural psychedelic 
332substances within a building owned, leased or occupied by the commonwealth, a political 
333subdivision of the commonwealth or an agency of the commonwealth or a political subdivision 
334of the commonwealth; or
335 (3) authorize the possession or consumption of natural psychedelic substances on the 
336grounds of or within a public or private school where children attend classes in preschool 
337programs, kindergarten programs or grades 1 to 12, inclusive, or on the grounds of or within any 
338correctional facility.
339 (e) Employment. This chapter shall not require an employer to permit or accommodate 
340conduct otherwise allowed by this chapter in the workplace and shall not affect the authority of 
341employers to enact and enforce workplace policies restricting the consumption of natural 
342psychedelic substances by employees.
343 (f) Negligent conduct. This chapter shall not amend existing penalties for conduct 
344involving the performance of any task while impaired by a natural psychedelic substance that  19 of 39
345would constitute negligence or professional malpractice and shall not prevent the imposition of 
346any civil, criminal or other penalty for such conduct.
347 (g) Adulteration and misbranding. This chapter shall not exempt natural psychedelic 
348substances from sections 186 to 195, inclusive, of chapter 94 of the General Laws, relating to the 
349adulteration and misbranding of food, drugs and various articles. A natural psychedelic substance 
350prepared in compliance with the regulations under this chapter shall not be considered an 
351adulterant or misbranded.
352 (h) Federal law. This chapter shall not be construed to:
353 (l) To require a person to violate a federal law; or
354 (2) To exempt a person from a federal law or obstruct the enforcement of a federal law.
355 Section 3. Local control
356 (a) A city or town may regulate the time, place, and manner of the operation of natural 
357psychedelic substance licensees pursuant to this chapter within its boundaries.
358 (b) A city or town may not ban or completely prohibit the establishment or operation of 
359natural psychedelic substance licensees operating in accordance with this chapter and 
360commission rules within its boundaries.
361 (c) A city or town may not ban or completely prohibit the provision of natural 
362psychedelic services offered in accordance with this chapter and commission rules.
363 (d) A city or town may not prohibit the transportation of natural psychedelic substances 
364through its jurisdiction on public roads by a licensee or as otherwise allowed by this chapter. 20 of 39
365 (e) No agreement between a city or town and a natural psychedelic substance licensee 
366shall require payment of a fee to that city or town that is not directly proportional and reasonably 
367related to the costs imposed upon the city or town by the operation of a natural psychedelic 
368substance licensee. Any cost to a city or town by the operation of a natural psychedelic substance 
369licensee shall be documented and considered a public record as defined by clause Twenty-Sixth 
370of section 7 of chapter 4 of the General Laws.
371 (f) A city or town may not adopt an ordinance or by-law that is unreasonably 
372impracticable or in conflict with this act, but may enact ordinances or by-laws that impose lesser 
373criminal or civil penalties related to natural psychedelic substances than provided by this act or 
374other state law.
375 Section 4. Licensing of Natural Psychedelic Substances and Services
376 (a) The natural psychedelic substances commission shall, in consultation with the natural 
377psychedelic substances advisory board and in accordance with chapter 30A of the General Laws, 
378adopt regulations consistent with this chapter for the administration, clarification and 
379enforcement of laws regulating and licensing the provision of natural psychedelic substances and 
380services. The regulations shall include rules to:
381 (l) License qualified persons or entities for the following activities related to one or more 
382natural psychedelic substances: cultivating, processing, transporting, testing, selling, operating a 
383premises where natural psychedelic services take place, and facilitating natural psychedelic 
384services that include:
385 (A) Establishing categories of licensure and registration that include, at minimum: 21 of 39
386 (i)a psychedelic therapy center license;
387 (ii)a facilitator license;
388 (iii) a cultivation, processing, or sales-only license that would allow for the provision 
389and sale of natural psychedelic substances to a participant at the premises of a separately licensed 
390psychedelic therapy center 	or approved location for use during an administration session at that 
391psychedelic therapy center 	or approved location; and
392 (iv)a testing license for the testing of natural psychedelic substances for concentration 
393and contaminants;
394 (B) Establishing license application, issuance, denial, renewal, suspension, and 
395revocation procedures; and
396 (C) Establishing application, licensing and renewal fees that shall be:
397 (i)sufficient, but shall not exceed the amount necessary, to cover the cost of 
398administering this chapter; and
399 (ii)for licensing and renewal fees, scaled based on either the volume of business of 
400the licensee or the gross annual revenue of the licensee.
401 (2) Establish the requirements governing the safe provision of natural psychedelic 
402services to participants that include:
403 (A) holding and verifying completion of a preparation session, an administration session, 
404and an integration session; 22 of 39
405 (B) health and safety warnings that must be provided to participants before natural 
406psychedelic services begin;
407 (C) educational materials that must be provided to participants before natural psychedelic 
408services begin;
409 (D) a safety screen provided by a facilitator that a participant must complete prior to an 
410administration session;
411 (E) the form that each facilitator and participant must sign before providing or receiving 
412natural psychedelic services verifying that the participant was provided accurate and complete 
413health information in accordance with commission rules, was informed of identified risk factors 
414and contraindications, and provided informed consent to receive natural psychedelic services;
415 (F) proper supervision during the administration session and safe transportation for the 
416participant when the session is complete;
417 (G) provisions for group administration sessions where one or more facilitators provide 
418natural psychedelic services to more than one participant as part of the same administration 
419session;
420 (H) provisions to allow a facilitator or a psychedelic therapy center to refuse to provide 
421natural psychedelic services to a participant;
422 (I) the requirements and standards for testing of natural psychedelic substances for 
423concentration and contaminants, to the extent available technology reasonably permits;
424 (J) the standards for advertising and marketing natural psychedelic substances and natural 
425psychedelic services; 23 of 39
426 (K) insurance requirements to the extent such policies are commercially available and not 
427cost-prohibitive; and
428 (L) age verification procedures to ensure that a participant is 21 years of age or older.
429 (3) Establish the requirements governing the licensing and practice of facilitators, that 
430include:
431 (A) the scope of practice for facilitators;
432 (B) the qualifications, education, and training requirements that facilitators must meet 
433before providing natural psychedelic services, that shall:
434 (i)be tiered to require varying levels of education and training depending on the 
435participants the facilitator will be working with and the services the facilitator will be providing;
436 (ii)include education and training on participant safety; contraindications; mental 
437health; mental state; physical health; physical state; social and cultural considerations; physical 
438environment; preparation; integration; and ethics;
439 (iii)allow for limited waivers of education and training requirements based on an 
440applicant's prior experience, training, or skill, including, but not limited to, with natural 
441psychedelic substances;
442 (iv)not impose unreasonable financial or logistical barriers that make obtaining a 
443facilitator license commercially unreasonable for low-income people; and
444 (v)not require a professional license or professional degree other than a facilitator 
445license granted pursuant to this section for the first tier of licensing. 24 of 39
446 (C) procedures and policies that allow for paid compensation for natural psychedelic 
447services and natural psychedelic substances;
448 (D) procedures and policies that allow for the provision of natural psychedelic services to 
449more than one participant at a time in group administration sessions;
450 (E) oversight and supervision requirements for facilitators, including professional 
451responsibility standards and continuing education requirements;
452 (F) a complaint, review, and disciplinary process for facilitators who engage in 
453misconduct; and
454 (G) recordkeeping, privacy, and confidentiality requirements for facilitators, provided 
455such record keeping does not result in the disclosure to the public or any government agency of 
456personally identifiable information of participants.
457 (4) Establish the requirements governing the licensing and operation of psychedelic 
458therapy centers and other licensees, that include:
459 (A) oversight requirements for natural psychedelic substance licensees;
460 (B) recordkeeping, privacy, and confidentiality requirements for natural psychedelic 
461substance licensees, provided such record keeping does not result in the disclosure to the public 
462or any government agency of personally identifiable information of participants;
463 (C) security requirements for natural psychedelic substance licensees, including 
464requirements for protection of each licensed psychedelic therapy center location by a fully 
465operational security alarm 	system; 25 of 39
466 (D) procedures and policies that allow for natural psychedelic substance licensees to 
467receive payment for services and natural psychedelic substances provided;
468 (E) procedures and policies to ensure statewide access to psychedelic therapy centers and 
469natural psychedelic services;
470 (F) rules that prohibit an individual from having a financial interest in more than 5 
471psychedelic therapy centers;
472 (G) rules that allow for natural psychedelic substance licensees to share the same 
473premises with other natural psychedelic substance licensees or to share the same premises with 
474health-care facilities, so that a participant may receive natural psychedelic substances from one 
475natural psychedelic substance licensee and complete the administration session at a separately-
476owned and approved location;
477 (H) rules that allow a psychedelic therapy center to provide natural psychedelic services 
478to a participant on a separate psychedelic therapy center's premise, a licensed health-care facility, 
479a private residence, or other location allowed by the commission; and
480 (I) rules that allow for approval of locations not owned by a psychedelic therapy center 
481where natural psychedelic services may be provided by licensed facilitators, including but not 
482limited to, health-care facilities and private residences.
483 (5) Establish procedures, policies, and programs to ensure that natural psychedelic 
484substances licensing and the provision of natural psychedelic services is equitable and inclusive 
485and to promote the licensing of and the provision of natural psychedelic services to persons from 
486low-income communities; to persons who face barriers to access to health care; to persons who  26 of 39
487have a history of traditional or Indigenous use of natural psychedelic substances; and to persons 
488who are veterans that include, but are not limited to:
489 (A) reduced fees for licensure and facilitator training programs and other support services 
490for applicants which may include loans and grants;
491 (B) incentivizing the provision of natural psychedelic services at a reduced cost to low-
492income individuals;
493 (C) incentivizing geographic and cultural diversity in licensing and the provision and 
494availability of natural psychedelic services; and
495 (D) a process for annually reviewing the effectiveness of such policies and programs 
496promulgated under this subdivision.
497 (6) Gather and publish, on an annual basis, adequate information to facilitate research 
498concerning the implementation, safety, equity, quality and outcomes of this chapter, following 
499sound data and privacy protocols, without revealing any identifiable details pertaining to 
500individual participants.
501 (7) Adopt, amend, and repeal rules as necessary to implement this chapter and to protect 
502the public health and safety.
503 (b) The commission shall administer the laws and regulations relating to natural 
504psychedelic substance licensees in this chapter.
505 (c) Upon receiving a complete application for a license under this chapter, the 
506commission shall have 120 days to issue its decision on such application. 27 of 39
507 (d) The commission may suspend or revoke a 	natural psychedelic substances license 
508under regulations made pursuant to this chapter upon written notice of a violation and, if 
509applicable, an opportunity to cure any violation within 30 days of such notice. All natural 
510psychedelic substance licensees shall be entitled to an adjudicatory hearing pursuant to chapter 
51130A of the General Laws prior to suspension of a license for longer than 5 days or the revocation 
512of a license.
513 (e) The commission shall enforce the laws and regulations relating to the cultivation, 
514processing, preparing, delivery, storage, sale, facilitation, and testing of natural psychedelic 
515substances and the provision of natural psychedelic services. The commission shall conduct 
516investigations of compliance with this chapter and shall perform regular inspections of licensees 
517and the books and records of licensees as necessary to enforce this chapter. The commission 
518shall cooperate with appropriate state and local organizations to provide training to law 
519enforcement officers of the commonwealth and its political subdivisions.
520 (f) The commission shall hold a public hearing before the adoption, amendment or repeal 
521of any regulation. Adjudicatory proceedings shall be conducted pursuant to chapter 30A of the 
522General Laws and to standard rules of adjudicatory procedure established pursuant to section 9 
523of chapter 30A of the General Laws.
524 (g) The commission shall annually publish a full report of its actions during each year 
525containing a comprehensive description of its activities and a statement of revenue and expenses 
526of the commission. 28 of 39
527 (h) The commission shall deposit all license, registration and monetary penalties 
528collected pursuant to this chapter in the Natural Psychedelic Substances Regulation Fund 
529established by section 12 of this chapter.
530 (i) In carrying out its duties under this chapter, the commission shall consult with the 
531natural psychedelic substances advisory board and may also consult with other state agencies or 
532any other individual or entity the commission finds necessary.
533 Section 5. Personal use of natural psychedelic substances
534 (a) Notwithstanding any other general or special law to the contrary, except as otherwise 
535provided in this chapter, a person 21 years of age or older shall not be arrested, prosecuted, 
536penalized, sanctioned or disqualified under the laws of the commonwealth in any manner, or 
537denied any right or privilege and shall not be subject to seizure or forfeiture of assets for:
538 (1) Possessing, using, processing, or testing not more than a personal use amount of a 
539natural psychedelic substance;
540 (2) Possessing, cultivating, or processing plants or fungi capable of producing a natural 
541psychedelic substance and possessing the natural psychedelic substance produced from those 
542plants or fungi so long as:
543 (A) the plants or fungi being cultivated do not cumulatively exceed an area of more than 
54412 feet wide by 12 feet long in one or more cultivation areas in or on the grounds of the 
545residence of the person cultivating the natural psychedelic substance and are secured from access 
546by persons under 21 years of age; and 29 of 39
547 (B) any natural psychedelic substances produced in excess of a personal use amount are 
548kept in or on the grounds of the residence of the person cultivating the natural psychedelic 
549substance and are secured from access by persons under 21 years of age.
550 (3) Assisting another person who is 21 years of age or older in any of the acts described 
551in this section; and
552 (4) Giving away or otherwise transferring without remuneration not more than a personal 
553use amount of a natural psychedelic substance to a person 21 years of age or older, so long as the 
554transfer is not advertised or promoted to the public and is not part of a business promotion or 
555other commercial activity.
556 (b) For purposes of this chapter, "personal use amount" means the following amounts of 
557natural psychedelic substances per person:
558 (l) One (1) gram of dimethyltryptamine;
559 (2) Eighteen (18) grams of mescaline;
560 (3) Thirty (30) grams of ibogaine;
561 (4) One (l) gram of psilocybin; and
562 (5) One (l) gram of psilocyn.
563 "Personal use amount" does not include the weight of any material of which the 
564substance is a part or to which the substance is added, dissolved, held in solution, or suspended, 
565or ingredients or material combined with substances specified in this subsection from plants or 
566fungi as part of a preparation. 30 of 39
567 (c) Notwithstanding any other general or special law to the contrary, except as otherwise 
568provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or 
569otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for 
570allowing property the person owns, occupies or manages to be used for any of the activities 
571conducted lawfully under this chapter or for enrolling or employing a person who engages in 
572natural psychedelic substance-related activities lawfully under this chapter.
573 (d) Absent clear, convincing and articulable evidence that the person's actions related to 
574any natural psychedelic substance have created an unreasonable danger to the safety of a minor 
575child, neither the presence 	of natural psychedelic substance components or metabolites in a 
576person's bodily fluids nor conduct permitted under this chapter related to natural psychedelic 
577substances by a person charged with the well-being of a child shall form the sole or primary 
578basis for substantiation, service plans, removal or termination or for denial of custody, visitation, 
579or any other parental right or responsibility.
580 (e) The use of natural psychedelic substances shall not disqualify a person from any 
581needed medical procedure or medical treatment or any other lawful health related service.
582 (f) Nothing in this chapter shall restrict the sale, possession, display, or cultivation of 
583living plants that were lawful prior to the enactment of this section.
584 (g) Engaging in natural psychedelic substance-related activities as permitted under this 
585chapter shall not, by itself, be the basis to deny eligibility for any public assistance program, 
586unless required by federal law.
587 (h) Nothing in this section shall be construed to allow a person to cultivate, process, or 
588prepare a natural psychedelic substance in an inherently hazardous manner. 31 of 39
589 (i) Nothing in this section shall be construed to preclude any actions by a natural 
590psychedelic substance licensee consistent with commission rule.
591 Section 6. Natural psychedelic substance paraphernalia authorized
592 Notwithstanding any general or special law to the contrary, except as otherwise provided 
593in this chapter, a person 21 years of age or older shall not be arrested, prosecuted, penalized, 
594sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for 
595possessing, purchasing or otherwise obtaining or manufacturing paraphernalia used for natural 
596psychedelic substance-related activities or for selling or otherwise transferring paraphernalia 
597used for natural psychedelic substance-related activities to a person who is 21 years of age or 
598older.
599 Section 7. Lawful operation of natural psychedelic substance licensees
600 (a) Notwithstanding any other general or special law to the contrary, except as otherwise 
601provided in this chapter, actions and conduct permitted pursuant to a natural psychedelic 
602substance license issued by the commission or otherwise permitted by commission rule, or by 
603those who allow property to be used pursuant to a natural psychedelic substance license issued 
604by the commission or as otherwise permitted by commission rule, are not unlawful and shall not 
605be an offense under state law, or the laws of any locality within the state, or be subject to a civil 
606fine, penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any right or 
607privilege, or to seize or forfeit assets under state law or the laws of any locality within the state.
608 (b) Nothing in this section shall be construed or interpreted to prevent the commission 
609from enforcing its rules against a natural psychedelic substance licensee or to limit a state or 
610local law enforcement agency's ability to investigate unlawful activity in relation to a licensee. 32 of 39
611 Section 8. Contracts pertaining to natural psychedelic substances enforceable
612 It is the public policy of the commonwealth that contracts related to natural psychedelic 
613substances under this chapter shall be enforceable. A contract entered into by a natural 
614psychedelic substance licensee or its agents as permitted pursuant to a valid license issued by the 
615commission, or by those who allow property to be used by a natural psychedelic substance 
616licensee or its agents as permitted pursuant to a valid license issued by the commission or as 
617permitted by commission rule, shall not be unenforceable or void exclusively because the actions 
618or conduct permitted pursuant to the license is prohibited by federal law.
619 Section 9. Provision of professional services
620 A person engaged in a profession or occupation subject to licensure shall not be subject 
621to disciplinary action by a professional licensing board solely for providing professional services 
622related to activity permitted under this chapter that is 	not subject to criminal penalty under the 
623laws of the commonwealth. This section does not permit a person to engage in malpractice or to 
624violate the standards of professional practice for which a person is licensed.
625 Section 10. Insurance
626 Unless required by federal law, mental health, substance use disorder, or behavioral 
627health services otherwise covered under MassHealth shall not be denied on the basis that they are 
628covered in conjunction with natural psychedelic services or that natural psychedelic substances 
629are prohibited by federal law. No insurance or insurance provider is required to cover the cost of 
630a natural psychedelic substance itself.
631 Section 11. Penalties 33 of 39
632 (a) Restrictions on access by persons under 21. A person who violates section 5(a)(2) of 
633this chapter by failing to secure plants, fungi, or natural psychedelic substances from access by 
634persons under 21 years of age shall be punished by a civil penalty of not more than $100 and 
635forfeiture of the natural psychedelic substance.
636 (b) Restrictions on possession in excess of the personal use amount. A person who is at 
637least 21 years of age and who possesses an amount of a natural psychedelic substance that is 
638more than the personal use amount but not more than double the personal use amount, except as 
639permitted by section 5(a)(2) of this chapter, shall be subject to a civil penalty of not more than 
640$100 and forfeiture of the natural psychedelic substance, but shall not be subject to any other 
641form of criminal or civil punishment or disqualification solely for this conduct.
642 (c) Restrictions on public consumption of natural psychedelic substances. No person shall 
643consume any natural psychedelic substance in a public place. A person who violates this 
644subsection shall be punished by a civil penalty of not more than $100. This subsection shall not 
645apply to a person who consumes a natural psychedelic substance at a location licensed or 
646approved by the commission to provide natural psychedelic services.
647 (d) Possession by a person under 21 years of age. A person under 21 years of age who 
648possesses not more than a personal use amount of a natural psychedelic substance shall be 
649punished by a civil penalty of not more than $100 and shall complete a drug awareness program 
650established pursuant to section 32M of chapter 94C of the General Laws. The parents or legal 
651guardian of any offender under the age of 18 shall be notified in accordance with section 32N of 
652chapter 94C of the General Laws and the failure within I year of the offense of such an offender  34 of 39
653to complete a drug awareness program may be a basis for delinquency proceedings for persons 
654under the age of 17 at the time of the person's offense.
655 (e) Enforcement. Civil penalties imposed pursuant to this section shall be enforced by 
656utilizing the non-criminal disposition procedures provided in section 32N of chapter 94C of the 
657General Laws.
658 Section 12. Natural Psychedelic Substances Regulation Fund
659 (a) There shall be established and set up on the books of the commonwealth a separate 
660fund, to be known as the Natural Psychedelic Substances Regulation Fund. It shall, subject to 
661appropriation, consist of all monies received on account of the commonwealth as a result of 
662applications for and licensing under this chapter, all civil penalties received for violations of this 
663chapter, revenue generated by the state tax imposed by section 2 of chapter 64O of the General 
664Laws and interest earned or other income on balances in the fund.
665 (b) Subject to appropriation, the fund shall be expended first for the implementation, 
666administration and enforcement of this chapter by the commission.
667 SECTION 6. Notwithstanding any general or special law to the contrary, in making 
668initial appointments to the natural psychedelic substances commission established in section 79 
669of chapter 10 of the General Laws, of the members to be appointed by majority agreement of the 
670governor, the attorney general, and the treasurer and receiver general, 1 commissioner shall be 
671appointed for a term of 3 years and 1 shall be appointed for a term of 4 years. The commissioner 
672to be appointed by the treasurer and receiver general shall serve for a term of 5 years, the 
673commissioners to be appointed by the attorney general shall serve for a term of 6 years and the 
674commissioner appointed by the governor shall serve for a term of 7 years. Commissioners shall  35 of 39
675be appointed by March 1, 2025; provided, however, that no person shall be allowed to serve on 
676the commission prior to the completion of a background investigation check pursuant to said 
677section 79 of said chapter 10.
678 SECTION 7. Notwithstanding any general or special law to the contrary, the initial 
679appointments to the natural psychedelic substance advisory board established in section 80 of 
680chapter 10 of the General Laws shall be made by March 1, 2025.
681 The advisory board shall meet at least quarterly until January 1, 2028, and thereafter at a 
682frequency of its choosing.
683 SECTION 8. The natural psychedelic substances commission shall promulgate 
684regulations under section 4 of chapter 94J of the General Laws concerning at least one natural 
685psychedelic substance not later than April 1, 2026, provided that regulations concerning all 
686natural psychedelic substances are promulgated not later than April 1, 2028.
687 SECTION 9. The natural psychedelic substances commission shall begin accepting 
688applications for licensure under section 4 of chapter 94J of the General Laws not later than 
689September 30, 2026.
690 SECTION 10. This act shall take effect on December 15, 2024. 36 of 39
FIRST TEN SIGNERS
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
CERTIFICATE OF THE ATTORNEY GENERAL.
Honorable William Francis Galvin
Secretary of the Commonwealth
One Ashburton Place, Room 1705
Boston, Massachusetts 02108
RE: Initiative Petition No. 23-13: An Act relative to the regulation and 
taxation of natural psychedelic substances
Dear Secretary Galvin:
In accordance with the provisions of Article 48 of the Amendments to 
the Massachusetts Constitution, I have reviewed the above-referenced initiative 
petition, which was submitted to me on or before the first Wednesday of August 
of this year.
I hereby certify that this measure is in proper form for submission to 
the people; that the measure is not, either affirmatively or negatively, 
substantially the same as any measure which has been qualified for submission 
or submitted to the people at either of the two preceding biennial state elections; 
and that it contains only subjects that are related or are mutually dependent and 
which are not excluded from the initiative process pursuant to Article 48, the 
Initiative, Part 2, Section 2.
In accordance with Article 48, I enclose a fair, concise summary of the 
measure.
Sincerely,
ANDREA JOY CAMPBELL,
Attorney General. 38 of 39
Summary of 23-13
This proposed law would allow persons aged 21 and older to grow, possess, and 
use certain natural psychedelic substances in certain circumstances. The psychedelic 
substances allowed would be two substances found in mushrooms (psilocybin and 
psilocyn) and three substances found in plants (dimethyltryptamine, 	mescaline, and 
ibogaine). These substances could be purchased at an approved location for use under the 
supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail 
sale of natural psychedelic substances. This proposed law would also provide for the 
regulation and taxation of these psychedelic substances. 
This proposed law would license and regulate facilities offering supervised use of 
these psychedelic substances and provide for the taxation of proceeds from those facilities’ 
sales of psychedelic substances. It would also allow persons aged 21 and older to grow 
these psychedelic substances in a 12-foot by 12-foot area at their home and use these 
psychedelic substances at their home. This proposed law would authorize persons aged 21 
or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of 
dimethyltryptamine, 	18 grams of mescaline, and 30 grams of ibogaine (“personal use 
amount”), in addition to whatever they might grow at their home, and to give away up to 
the personal use amount to a person aged 21 or over.  
This proposed law would create a Natural Psychedelic Substances Commission of 
five members appointed by the Governor, Attorney General, and Treasurer which would 
administer the law governing the use and distribution of these psychedelic substances. The 
Commission would adopt regulations governing licensing qualifications, security, 
recordkeeping, education and training, health and safety requirements, testing, and age 
verification. This proposed law would also create a Natural Psychedelic Substances 
Advisory Board of 20 members appointed by the Governor, Attorney General, and 
Treasurer which would study and make recommendations to the Commission on the 
regulation and taxation of these psychedelic substances. 
This proposed law would allow cities and towns to reasonably restrict the time, 
place, and manner of the operation of licensed facilities offering psychedelic substances, 
but cities and towns could not ban those facilities or their provision of these substances.  
The proceeds of sales of psychedelic substances at licensed facilities would be 
subject to the state sales tax and an additional excise tax of 15 percent. In addition, a city or 
town could impose a separate tax of up to two percent. Revenue received from the 
additional state excise tax, license application fees, and civil penalties for violations of this 
proposed law would be deposited in a Natural Psychedelic Substances Regulation Fund 
and would be used, subject to appropriation, for administration of this proposed law. 
Using the psychedelic substances as permitted by this proposed law could not be a 
basis to deny a person medical care or public assistance, impose discipline by a 
professional licensing board, or enter adverse orders in child custody cases absent clear 
and convincing evidence that the activities created an unreasonable danger to the safety of 
a minor child. 
This proposed law would not affect existing laws regarding the operation of motor 
vehicles while under the influence, or the ability of employers to enforce workplace 
policies restricting the consumption of these psychedelic substances by employees. This 
proposed law would allow property owners to prohibit the use, display, growing, 
processing, or sale of these psychedelic substances on their premises. State and local  39 of 39
governments could continue to restrict the possession and use of these psychedelic 
substances in public buildings or at schools. 
This proposed law would take effect on December 15, 2024.