Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2506 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HOUSE DOCKET, NO. 3368       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2506
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Steven Owens
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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 decriminalizing psilocybin as a treatment for PTSD and certain other conditions.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/17/2025 1 of 4
HOUSE DOCKET, NO. 3368       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2506
By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 2506) of 
Steven Owens relative to psilocybin as a treatment for PTSD and certain other conditions. 
Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act decriminalizing psilocybin as a treatment for PTSD and certain other conditions.
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. The General Laws are hereby amended by inserting after chapter 94I the 
2following chapter:-
3 CHAPTER 94J. REMOVING CERTAIN CRIMINAL PENALTIES RELATED TO 
4PSILOCYBIN NOT MEDICALLY PRESCRIBED
5 SECTION 1. The following words, unless a different meaning is required by the context, 
6or is specifically described, shall have the following meanings:—
7 “Qualifying condition” means a medical condition for which at least two and a majority 
8of relevant clinical studies suggest psilocybin therapy in a clinical environment is safe and 
9tolerable and which is not a disqualifying condition. 
10 “Disqualifying condition” means a bipolar disorder, a schizophrenia spectrum disorder, a 
11Cluster A personality disorder, a Cluster B personality disorder, or a medical condition for which  2 of 4
12at least two and a majority of relevant clinical studies suggest psilocybin therapy in a clinical 
13environment is not safe. 
14 “Relevant clinical study” means a clinical study relevant to determining if a medical 
15condition is a qualifying condition or a disqualifying condition. To be relevant to determining 
16whether a medical condition is a qualifying condition or a disqualifying condition, a clinical 
17study must examine psilocybin therapy specifically for that medical condition. For example, a 
18phase 2 study of psilocybin therapy for post-traumatic stress disorder (PTSD) is relevant to 
19determining whether PTSD is a qualifying condition because the clinical trial is of psilocybin 
20therapy for PTSD. On the other hand, a pilot study of psilocybin therapy for AIDS survivors that 
21associates psilocybin therapy with reductions in PTSD symptoms is not relevant to determine 
22whether PTSD is a qualifying condition because the clinical trial is of psilocybin therapy for 
23AIDS survivors rather than for individuals diagnosed with PTSD. 
24 “Relevant clinical studies” means clinical studies relevant to determining if a medical 
25condition is a qualifying condition or a disqualifying condition. To be relevant to determining 
26whether a medical condition is a qualifying condition or a disqualifying condition, a clinical 
27study must be a relevant clinical study as defined in this act.
28 SECTION 2. Limitations.
29 (a) Medical use of psilocybin and psilocin. This chapter shall not be construed to 
30authorize, recognize, or endorse the medical use of psilocybin or psilocyn. This chapter shall not 
31be construed to authorize, recognize, or endorse psilocybin or psilocyn as treatments for any 
32medical condition. 3 of 4
33 (b) Operating under the influence. This chapter does not amend existing penalties for 
34operating, navigating or being in actual physical control of any motor vehicle, train, aircraft, 
35motorboat or other motorized form of transport or machinery while impaired by psilocybin or 
36psilocyn or for consuming psilocybin or psilocin while operating, navigating or being in actual 
37physical control of any motor vehicle, train, aircraft, motorboat or other motorized form of 
38transport or machinery. 
39 (c) Sale of psilocybin and psilocyn. This chapter shall not be construed to permit the sale 
40of psilocybin or psilocin under any circumstances.
41 SECTION 4. Public education.
42 The Department of Public Health must publish and maintain a publicly accessible 
43explanation of this act and the risks of personal psilocybin use on its website within 90 days of 
44this chapter becoming law. The explanation must include a list of qualifying conditions and a list 
45of disqualifying conditions that cite relevant clinical studies. The explanation must clearly state 
46that the state of Massachusetts does not authorize, recognize, or endorse psilocybin or psilocyn 
47as treatments for any medical condition. The Department of Public Health must subsequently 
48update this explanation on an annual basis, incorporating relevant new evidence. 
49 SECTION 5. Removing certain criminal penalties for veterans, law enforcement officers, 
50and individuals with qualifying conditions and without disqualifying conditions
51 Notwithstanding any general or special law to the contrary, all of the following shall be 
52lawful for a person 21 years of age or older who is not professionally, medically diagnosed with 
53a disqualifying condition and who is a US veteran, current or former US law enforcement 
54officer, or someone professionally, medically diagnosed with a qualifying condition: the  4 of 4
55possession, ingestion, obtaining, growing, and transportation of no more than two grams of 
56psilocybin and psilocyn, excluding the weight of any material such as water, plant, and fungi 
57material of which the substance is a part or to which the substance is added, dissolved, held in 
58solution, or suspended. 
59 Notwithstanding any general or special law to the contrary, all of the following shall be 
60lawful for a person 21 years of age or older who is not professionally, medically diagnosed with 
61a disqualifying condition and who is a US veteran, current or former US law enforcement 
62officer, or someone professionally, medically diagnosed with a qualifying condition: giving 
63away or otherwise transferring without remuneration not more than 50 grams of dried psilocybin 
64mushrooms or half a gram of psilocybin and psilocyn, excluding the weight of any material such 
65as water, plant, and fungi material of which the substance is a part or to which the substance is 
66added, dissolved, held in solution, or suspended, to a person 21 years of age or older who is not 
67professionally, medically diagnosed with a disqualifying condition and who is a US veteran, 
68current or former US law enforcement officer, or someone professionally, medically diagnosed 
69with a qualifying condition.
70 SECTION 6. Conditional repeal. 30 days after psilocybin becomes a Schedule Ⅱ drug, 
71the above section 5 of this chapter will no longer be in effect.