Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2506 Compare Versions

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

Old	New	Differences
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2	2	HOUSE DOCKET, NO. 3368 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2506
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens
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 decriminalizing psilocybin as a treatment for PTSD and certain other conditions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/17/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3368 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2506
18	18	By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 2506) of
19	19	Steven Owens relative to psilocybin as a treatment for PTSD and certain other conditions.
20	20	Public Health.
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 decriminalizing psilocybin as a treatment for PTSD and certain other conditions.
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. The General Laws are hereby amended by inserting after chapter 94I the
30	30	2following chapter:-
31	31	3 CHAPTER 94J. REMOVING CERTAIN CRIMINAL PENALTIES RELATED TO
32	32	4PSILOCYBIN NOT MEDICALLY PRESCRIBED
33	33	5 SECTION 1. The following words, unless a different meaning is required by the context,
34	34	6or is specifically described, shall have the following meanings:—
35	35	7 “Qualifying condition” means a medical condition for which at least two and a majority
36	36	8of relevant clinical studies suggest psilocybin therapy in a clinical environment is safe and
37	37	9tolerable and which is not a disqualifying condition.
38	38	10 “Disqualifying condition” means a bipolar disorder, a schizophrenia spectrum disorder, a
39	39	11Cluster A personality disorder, a Cluster B personality disorder, or a medical condition for which 2 of 4
40	40	12at least two and a majority of relevant clinical studies suggest psilocybin therapy in a clinical
41	41	13environment is not safe.
42	42	14 “Relevant clinical study” means a clinical study relevant to determining if a medical
43	43	15condition is a qualifying condition or a disqualifying condition. To be relevant to determining
44	44	16whether a medical condition is a qualifying condition or a disqualifying condition, a clinical
45	45	17study must examine psilocybin therapy specifically for that medical condition. For example, a
46	46	18phase 2 study of psilocybin therapy for post-traumatic stress disorder (PTSD) is relevant to
47	47	19determining whether PTSD is a qualifying condition because the clinical trial is of psilocybin
48	48	20therapy for PTSD. On the other hand, a pilot study of psilocybin therapy for AIDS survivors that
49	49	21associates psilocybin therapy with reductions in PTSD symptoms is not relevant to determine
50	50	22whether PTSD is a qualifying condition because the clinical trial is of psilocybin therapy for
51	51	23AIDS survivors rather than for individuals diagnosed with PTSD.
52	52	24 “Relevant clinical studies” means clinical studies relevant to determining if a medical
53	53	25condition is a qualifying condition or a disqualifying condition. To be relevant to determining
54	54	26whether a medical condition is a qualifying condition or a disqualifying condition, a clinical
55	55	27study must be a relevant clinical study as defined in this act.
56	56	28 SECTION 2. Limitations.
57	57	29 (a) Medical use of psilocybin and psilocin. This chapter shall not be construed to
58	58	30authorize, recognize, or endorse the medical use of psilocybin or psilocyn. This chapter shall not
59	59	31be construed to authorize, recognize, or endorse psilocybin or psilocyn as treatments for any
60	60	32medical condition. 3 of 4
61	61	33 (b) Operating under the influence. This chapter does not amend existing penalties for
62	62	34operating, navigating or being in actual physical control of any motor vehicle, train, aircraft,
63	63	35motorboat or other motorized form of transport or machinery while impaired by psilocybin or
64	64	36psilocyn or for consuming psilocybin or psilocin while operating, navigating or being in actual
65	65	37physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of
66	66	38transport or machinery.
67	67	39 (c) Sale of psilocybin and psilocyn. This chapter shall not be construed to permit the sale
68	68	40of psilocybin or psilocin under any circumstances.
69	69	41 SECTION 4. Public education.
70	70	42 The Department of Public Health must publish and maintain a publicly accessible
71	71	43explanation of this act and the risks of personal psilocybin use on its website within 90 days of
72	72	44this chapter becoming law. The explanation must include a list of qualifying conditions and a list
73	73	45of disqualifying conditions that cite relevant clinical studies. The explanation must clearly state
74	74	46that the state of Massachusetts does not authorize, recognize, or endorse psilocybin or psilocyn
75	75	47as treatments for any medical condition. The Department of Public Health must subsequently
76	76	48update this explanation on an annual basis, incorporating relevant new evidence.
77	77	49 SECTION 5. Removing certain criminal penalties for veterans, law enforcement officers,
78	78	50and individuals with qualifying conditions and without disqualifying conditions
79	79	51 Notwithstanding any general or special law to the contrary, all of the following shall be
80	80	52lawful for a person 21 years of age or older who is not professionally, medically diagnosed with
81	81	53a disqualifying condition and who is a US veteran, current or former US law enforcement
82	82	54officer, or someone professionally, medically diagnosed with a qualifying condition: the 4 of 4
83	83	55possession, ingestion, obtaining, growing, and transportation of no more than two grams of
84	84	56psilocybin and psilocyn, excluding the weight of any material such as water, plant, and fungi
85	85	57material of which the substance is a part or to which the substance is added, dissolved, held in
86	86	58solution, or suspended.
87	87	59 Notwithstanding any general or special law to the contrary, all of the following shall be
88	88	60lawful for a person 21 years of age or older who is not professionally, medically diagnosed with
89	89	61a disqualifying condition and who is a US veteran, current or former US law enforcement
90	90	62officer, or someone professionally, medically diagnosed with a qualifying condition: giving
91	91	63away or otherwise transferring without remuneration not more than 50 grams of dried psilocybin
92	92	64mushrooms or half a gram of psilocybin and psilocyn, excluding the weight of any material such
93	93	65as water, plant, and fungi material of which the substance is a part or to which the substance is
94	94	66added, dissolved, held in solution, or suspended, to a person 21 years of age or older who is not
95	95	67professionally, medically diagnosed with a disqualifying condition and who is a US veteran,
96	96	68current or former US law enforcement officer, or someone professionally, medically diagnosed
97	97	69with a qualifying condition.
98	98	70 SECTION 6. Conditional repeal. 30 days after psilocybin becomes a Schedule Ⅱ drug,
99	99	71the above section 5 of this chapter will no longer be in effect.