Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1858 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 188 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1858
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marc T. Lombardo, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to removing criminal penalties for limited psilocybin possession.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Timothy Morris15 Winter Street Billerica MA 018761/7/2025 1 of 6
16	16	HOUSE DOCKET, NO. 188 FILED ON: 1/7/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1858
18	18	By Representative Lombardo of Billerica (by request), a petition (accompanied by bill, House,
19	19	No. 1858) of Timothy Morris relative to removing criminal penalties for limited psilocybin
20	20	possession. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to removing criminal penalties for limited psilocybin possession.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. This Act shall be known and may be cited as the “Psilocybin Possession
30	30	2Decriminalization and Community Support Act of 2025.”
31	31	3 SECTION 2. Chapter 94C of the General Laws is hereby amended by inserting after
32	32	4section 32N the following section:
33	33	5 Section 32O. (a) As used in this section, the following words shall have the following
34	34	6meanings:
35	35	7 “Psilocybin and psilocin”, the compounds classified as 3-(2-dimethylaminoethyl)-4-
36	36	8phosphoryloxy-indole and 3-(2-dimethylaminoethyl)-indol-4-ol respectively, including their
37	37	9salts, isomers, and salts of isomers.
38	38	10 "Qualifying organization", a nonprofit organization that: (i) has an annual operating
39	39	11budget not exceeding five hundred thousand dollars ($500,000) in the fiscal year prior to grant 2 of 6
40	40	12application; (ii) is based within and primarily serves the community in which it operates; (iii) is
41	41	13not a subsidiary or controlled affiliate of any organization with an annual budget exceeding one
42	42	14million dollars ($1,000,000); and (iv) has a demonstrated history of providing harm reduction,
43	43	15public health, or community support services.
44	44	16 "Psilocybin Fines Trust Fund", the dedicated account established under subsection (g) of
45	45	17this section.
46	46	18 (b) Notwithstanding any general or special law to the contrary, the possession of one
47	47	19gram or less of psilocybin and psilocin, excluding the weight of any material such as water,
48	48	20fungal material, or other substances of which the controlled substance is a part or to which it is
49	49	21added, dissolved, held in solution, or suspended, shall be subject only to: (i) a civil penalty of
50	50	22one hundred dollars ($100); and (ii) forfeiture of said substance. No other form of criminal or
51	51	23civil punishment or disqualification shall be imposed.
52	52	24 (c) The following individuals shall be exempt from civil penalties and forfeiture under
53	53	25this section:
54	54	26 (1) Military veterans;
55	55	27 (2) First responders;
56	56	28 (3) Individuals with documented:
57	57	29 (i) Mental health conditions including but not limited to post-traumatic stress disorder,
58	58	30depression, anxiety disorders, obsessive-compulsive disorder, eating disorders, or substance use
59	59	31disorder; 3 of 6
60	60	32 (ii) Physical conditions including but not limited to traumatic brain injury, cluster
61	61	33headaches, neurological disorders, chronic pain conditions, or autoimmune disorders;
62	62	34 (iii) Terminal illness or life-threatening conditions;
63	63	35 (iv) End-of-life psychological distress;
64	64	36 (4) Individuals participating in clinical research involving psilocybin or psilocin;
65	65	37 (5) Indigenous persons using psilocybin or psilocin for traditional or ceremonial
66	66	38purposes;
67	67	39 (6) Individuals providing end-of-life care or supporting someone with a terminal illness;
68	68	40 (7) Healthcare professionals researching or working with psychedelic medicines;
69	69	41 (8) Individuals whose use is connected to research approved by an institutional review
70	70	42board at an accredited educational or research institution, including but not limited to
71	71	43researchers, research staff, study participants, and students;
72	72	44 (9) Individuals authorized under any future legislation for medical or therapeutic use;
73	73	45 (10) Any individual who demonstrates to the court by a preponderance of evidence that
74	74	46their use of psilocybin or psilocin is for therapeutic, spiritual, or personal growth purposes.
75	75	47 Courts shall: (i) interpret exemption eligibility broadly in favor of the individual; (ii)
76	76	48accept a range of documentation including but not limited to: medical records, letters from
77	77	49healthcare providers, mental health professionals, or spiritual advisors, personal attestations with
78	78	50supporting context, veterans' documentation, and documentation of participation in relevant
79	79	51support groups or communities; (iii) maintain confidentiality of all submitted documentation; 4 of 6
80	80	52(iv) process exemption requests within 30 days; and (v) provide written explanation if denying
81	81	53an exemption request. No individual shall be required to waive medical privacy rights to obtain
82	82	54an exemption.
83	83	55 (d) An offender under the age of twenty-one shall: (i) complete a drug awareness
84	84	56program meeting the criteria set forth in Section 32M of this Chapter; and (ii) complete ten hours
85	85	57of community service. The parents or legal guardian of any offender under eighteen shall be
86	86	58notified in accordance with Section 32N of this Chapter. Failure to complete these requirements
87	87	59within one year shall result in: (i) a civil penalty of one thousand dollars ($1,000); and (ii) joint
88	88	60and several liability of parents or legal guardians for payment.
89	89	61 (e) Except as specifically provided in section 24L of chapter 90, neither the
90	90	62Commonwealth nor any political subdivision may: (i) deny student financial aid; (ii) deny public
91	91	63housing or financial assistance; (iii) deny professional or occupational licensing; (iv) deny the
92	92	64right to operate a motor vehicle; or (v) use possession as sole basis for denial of custody,
93	93	65visitation, or parental rights absent clear evidence of danger to a minor. Records of civil penalties
94	94	66under this section shall not
95	95	67 constitute: (i) criminal offender record information; (ii) evaluative information; or (iii)
96	96	68intelligence information.
97	97	69 (f) Law enforcement shall: (i) issue standardized civil citation; (ii) submit copy to clerk
98	98	70magistrate within 24 hours; and (iii) forward forfeited substances to state laboratory for analysis.
99	99	71Clerk magistrates shall: (i) enter citation in civil docket; (ii) schedule hearing if requested; and
100	100	72(iii) forward collected penalties to State Treasurer for deposit in Psilocybin Fines Trust Fund
101	101	73quarterly. 5 of 6
102	102	74 (g) There is hereby established on the books of the Commonwealth a separate fund to be
103	103	75known as the Psilocybin Fines Trust Fund. The fund shall consist of: (i) all civil penalties
104	104	76collected pursuant to this section; (ii) any interest earned on money in the fund; and (iii) any
105	105	77appropriations, grants, or donations made to the fund. The Department of Public Health shall
106	106	78administer the fund to: (i) implement and oversee the Community Harm Reduction Grant
107	107	79Program; and (ii) cover reasonable administrative costs not exceeding 5% of annual collections.
108	108	80 (h) The Department shall establish a grant program to distribute funds to qualifying
109	109	81organizations for:
110	110	82 (1) Harm reduction services and education;
111	111	83 (2) Community outreach and support programs;
112	112	84 (3) Public health education and awareness;
113	113	85 (4) Substance testing services;
114	114	86 (5) Crisis intervention and peer support;
115	115	87 (6) Integration support services;
116	116	88 (7) Training for healthcare providers and first responders;
117	117	89 (8) Community-based research and program evaluation;
118	118	90 (9) Public education regarding harm reduction;
119	119	91 (10) Development and dissemination of educational materials and resources;
120	120	92 (11) Coalition building and community engagement initiatives. 6 of 6
121	121	93 Grant requirements shall include: (i) a minimum of 50% of funds must go to
122	122	94organizations with annual budgets under $200,000; (ii) a maximum individual grant of $250,000
123	123	95per year; (iii) priority given to organizations led by and serving demographics most impacted by
124	124	96drug criminalization; (iv) organizations may use funds for general operating support within
125	125	97program parameters; and (v) annual public reporting on grant distribution and outcomes.
126	126	98 SECTION 3. Section 32M of Chapter 94C is hereby amended by inserting after the
127	127	99words "2 ounces or less of marihuana", in each instance, the following words: “or one gram or
128	128	100less of psilocybin and psilocin.”
129	129	101 Section 32M of Chapter 94C is further amended by inserting after the words "Section
130	130	10232L", the following: “, 32O,”.
131	131	103 SECTION 4. Section 34 of Chapter 94C is hereby amended by inserting after the words
132	132	104"Section 32L", the following words: “or Section 32O”.
133	133	105 SECTION 5. Section 32N of Chapter 94C is hereby amended by inserting after the words
134	134	106"Any civil penalties imposed under the provisions of ''An Act Establishing A Sensible State
135	135	107Marihuana Policy''", the following words: “or the “Psilocybin Possession Decriminalization and
136	136	108Community Support Act of 2025.”
137	137	109 SECTION 6. This act shall take effect ninety days following its passage.