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HOUSE DOCKET, NO. 188 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 1858
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marc T. Lombardo, (BY REQUEST)
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to removing criminal penalties for limited psilocybin possession.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Timothy Morris15 Winter Street Billerica MA 018761/7/2025 1 of 6
HOUSE DOCKET, NO. 188 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 1858
By Representative Lombardo of Billerica (by request), a petition (accompanied by bill, House,
No. 1858) of Timothy Morris relative to removing criminal penalties for limited psilocybin
possession. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to removing criminal penalties for limited psilocybin possession.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. This Act shall be known and may be cited as the “Psilocybin Possession
2Decriminalization and Community Support Act of 2025.”
3 SECTION 2. Chapter 94C of the General Laws is hereby amended by inserting after
4section 32N the following section:
5 Section 32O. (a) As used in this section, the following words shall have the following
6meanings:
7 “Psilocybin and psilocin”, the compounds classified as 3-(2-dimethylaminoethyl)-4-
8phosphoryloxy-indole and 3-(2-dimethylaminoethyl)-indol-4-ol respectively, including their
9salts, isomers, and salts of isomers.
10 "Qualifying organization", a nonprofit organization that: (i) has an annual operating
11budget not exceeding five hundred thousand dollars ($500,000) in the fiscal year prior to grant 2 of 6
12application; (ii) is based within and primarily serves the community in which it operates; (iii) is
13not a subsidiary or controlled affiliate of any organization with an annual budget exceeding one
14million dollars ($1,000,000); and (iv) has a demonstrated history of providing harm reduction,
15public health, or community support services.
16 "Psilocybin Fines Trust Fund", the dedicated account established under subsection (g) of
17this section.
18 (b) Notwithstanding any general or special law to the contrary, the possession of one
19gram or less of psilocybin and psilocin, excluding the weight of any material such as water,
20fungal material, or other substances of which the controlled substance is a part or to which it is
21added, dissolved, held in solution, or suspended, shall be subject only to: (i) a civil penalty of
22one hundred dollars ($100); and (ii) forfeiture of said substance. No other form of criminal or
23civil punishment or disqualification shall be imposed.
24 (c) The following individuals shall be exempt from civil penalties and forfeiture under
25this section:
26 (1) Military veterans;
27 (2) First responders;
28 (3) Individuals with documented:
29 (i) Mental health conditions including but not limited to post-traumatic stress disorder,
30depression, anxiety disorders, obsessive-compulsive disorder, eating disorders, or substance use
31disorder; 3 of 6
32 (ii) Physical conditions including but not limited to traumatic brain injury, cluster
33headaches, neurological disorders, chronic pain conditions, or autoimmune disorders;
34 (iii) Terminal illness or life-threatening conditions;
35 (iv) End-of-life psychological distress;
36 (4) Individuals participating in clinical research involving psilocybin or psilocin;
37 (5) Indigenous persons using psilocybin or psilocin for traditional or ceremonial
38purposes;
39 (6) Individuals providing end-of-life care or supporting someone with a terminal illness;
40 (7) Healthcare professionals researching or working with psychedelic medicines;
41 (8) Individuals whose use is connected to research approved by an institutional review
42board at an accredited educational or research institution, including but not limited to
43researchers, research staff, study participants, and students;
44 (9) Individuals authorized under any future legislation for medical or therapeutic use;
45 (10) Any individual who demonstrates to the court by a preponderance of evidence that
46their use of psilocybin or psilocin is for therapeutic, spiritual, or personal growth purposes.
47 Courts shall: (i) interpret exemption eligibility broadly in favor of the individual; (ii)
48accept a range of documentation including but not limited to: medical records, letters from
49healthcare providers, mental health professionals, or spiritual advisors, personal attestations with
50supporting context, veterans' documentation, and documentation of participation in relevant
51support groups or communities; (iii) maintain confidentiality of all submitted documentation; 4 of 6
52(iv) process exemption requests within 30 days; and (v) provide written explanation if denying
53an exemption request. No individual shall be required to waive medical privacy rights to obtain
54an exemption.
55 (d) An offender under the age of twenty-one shall: (i) complete a drug awareness
56program meeting the criteria set forth in Section 32M of this Chapter; and (ii) complete ten hours
57of community service. The parents or legal guardian of any offender under eighteen shall be
58notified in accordance with Section 32N of this Chapter. Failure to complete these requirements
59within one year shall result in: (i) a civil penalty of one thousand dollars ($1,000); and (ii) joint
60and several liability of parents or legal guardians for payment.
61 (e) Except as specifically provided in section 24L of chapter 90, neither the
62Commonwealth nor any political subdivision may: (i) deny student financial aid; (ii) deny public
63housing or financial assistance; (iii) deny professional or occupational licensing; (iv) deny the
64right to operate a motor vehicle; or (v) use possession as sole basis for denial of custody,
65visitation, or parental rights absent clear evidence of danger to a minor. Records of civil penalties
66under this section shall not
67 constitute: (i) criminal offender record information; (ii) evaluative information; or (iii)
68intelligence information.
69 (f) Law enforcement shall: (i) issue standardized civil citation; (ii) submit copy to clerk
70magistrate within 24 hours; and (iii) forward forfeited substances to state laboratory for analysis.
71Clerk magistrates shall: (i) enter citation in civil docket; (ii) schedule hearing if requested; and
72(iii) forward collected penalties to State Treasurer for deposit in Psilocybin Fines Trust Fund
73quarterly. 5 of 6
74 (g) There is hereby established on the books of the Commonwealth a separate fund to be
75known as the Psilocybin Fines Trust Fund. The fund shall consist of: (i) all civil penalties
76collected pursuant to this section; (ii) any interest earned on money in the fund; and (iii) any
77appropriations, grants, or donations made to the fund. The Department of Public Health shall
78administer the fund to: (i) implement and oversee the Community Harm Reduction Grant
79Program; and (ii) cover reasonable administrative costs not exceeding 5% of annual collections.
80 (h) The Department shall establish a grant program to distribute funds to qualifying
81organizations for:
82 (1) Harm reduction services and education;
83 (2) Community outreach and support programs;
84 (3) Public health education and awareness;
85 (4) Substance testing services;
86 (5) Crisis intervention and peer support;
87 (6) Integration support services;
88 (7) Training for healthcare providers and first responders;
89 (8) Community-based research and program evaluation;
90 (9) Public education regarding harm reduction;
91 (10) Development and dissemination of educational materials and resources;
92 (11) Coalition building and community engagement initiatives. 6 of 6
93 Grant requirements shall include: (i) a minimum of 50% of funds must go to
94organizations with annual budgets under $200,000; (ii) a maximum individual grant of $250,000
95per year; (iii) priority given to organizations led by and serving demographics most impacted by
96drug criminalization; (iv) organizations may use funds for general operating support within
97program parameters; and (v) annual public reporting on grant distribution and outcomes.
98 SECTION 3. Section 32M of Chapter 94C is hereby amended by inserting after the
99words "2 ounces or less of marihuana", in each instance, the following words: “or one gram or
100less of psilocybin and psilocin.”
101 Section 32M of Chapter 94C is further amended by inserting after the words "Section
10232L", the following: “, 32O,”.
103 SECTION 4. Section 34 of Chapter 94C is hereby amended by inserting after the words
104"Section 32L", the following words: “or Section 32O”.
105 SECTION 5. Section 32N of Chapter 94C is hereby amended by inserting after the words
106"Any civil penalties imposed under the provisions of ''An Act Establishing A Sensible State
107Marihuana Policy''", the following words: “or the “Psilocybin Possession Decriminalization and
108Community Support Act of 2025.”
109 SECTION 6. This act shall take effect ninety days following its passage.