EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . [Brackets] indicate matter deleted from existing law. *hb0548* HOUSE BILL 548 J1 4lr2942 CF 4lr1599 By: Delegates Guzzone, Fair, Hill, Kerr, R. Lewis, and Ruth Introduced and read first time: January 24, 2024 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Task Force on Responsible Use of Natural Psychedelic Substances 2 FOR the purpose of establishing the Task Force on Responsible Use of Natural Psychedelic 3 Substances to study and make recommendations related to the use of natural 4 psychedelic substances; and generally relating to the Task Force on Responsible Use 5 of Natural Psychedelic Substances. 6 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7 That: 8 (a) (1) In this section, “natural psychedelic substances” means naturally 9 derived psilocybin, psilocin, dimethyltryptamine, and mescaline. 10 (2) “Natural psychedelic substances” does not include peyote. 11 (b) There is a Task Force on Responsible Use of Natural Psychedelic Substances. 12 (c) The Task Force consists of the following members: 13 (1) two members of the Senate of Maryland: 14 (i) one of which shall be appointed by the President of the Senate; 15 and 16 (ii) one of which shall be appointed by the Minority Leader of the 17 Senate; 18 (2) two members of the House of Delegates: 19 (i) one of which shall be appointed by the Speaker of the House; and 20 2 HOUSE BILL 548 (ii) one of which shall be appointed by the Minority Leader of the 1 House; 2 (3) the Secretary of Health, or the Secretary’s designee; 3 (4) the Secretary of Agriculture, or the Secretary’s designee; 4 (5) the Secretary of Disabilities, or the Secretary’s designee; 5 (6) the Secretary of Human Services, or the Secretary’s designee; 6 (7) the Secretary of Veterans Affairs, or the Secretary’s designee; 7 (8) the Executive Director of the Maryland Cannabis Administration, or 8 the Executive Director’s designee; and 9 (9) the following members, appointed by the Governor: 10 (i) one representative of the University System of Maryland or the 11 Johns Hopkins University’s Center for Psychedelic and Consciousness Research; 12 (ii) one representative of a federally recognized Native American 13 tribe in the State; 14 (iii) one individual with expertise in public health; 15 (iv) one individual with expertise in behavioral health; 16 (v) one individual with expertise in the treatment of substance use 17 disorders; 18 (vi) one individual with expertise in the treatment of chronic pain; 19 (vii) one individual with expertise in psychedelic –assisted 20 psychotherapy; 21 (viii) one individual with expertise in psychedelic research; 22 (ix) one individual with expertise in access to care in underserved 23 communities; 24 (x) one individual with expertise in harm reduction strategies for 25 individuals with a substance use disorder; 26 (xi) one individual with expertise in drug policy reform; 27 (xii) one individual with expertise in the religious and spiritual use of 28 HOUSE BILL 548 3 psychedelic substances; 1 (xiii) one individual with expertise as a member of law enforcement; 2 and 3 (xiv) two individuals who are patients with conditions that can be 4 treated with psychedelic substances. 5 (d) To the extent practicable, the membership of the Task Force shall reflect the 6 socioeconomic, ethnic, and geographic diversity of the State. 7 (e) The Governor shall designate the chair of the Task Force. 8 (f) The Maryland Department of Health shall provide staff for the Task Force. 9 (g) A member of the Task Force: 10 (1) may not receive compensation as a member of the Task Force; but 11 (2) is entitled to reimbursement for expenses under the Standard State 12 Travel Regulations, as provided in the State budget. 13 (h) The Task Force shall: 14 (1) study: 15 (i) existing laws, policies, and practices relating to the use of natural 16 psychedelic substances; 17 (ii) the best available science and data on public benefits of 18 responsible access to and use of natural psychedelic substances; 19 (iii) opportunities to maximize public benefits of responsible access to 20 and use of natural psychedelic substances; 21 (iv) the best available data on potential risks of access to and use of 22 natural psychedelic substances; 23 (v) opportunities to mitigate potential risks of access to and use of 24 natural psychedelic substances; and 25 (vi) barriers health care practitioners and facilitators may encounter 26 relating to natural psychedelic substances, including barriers relating to insurance, 27 restrictions by licensing and credentialing entities, zoning, advertising, and financial 28 services; 29 (2) make recommendations regarding any changes to State law, policy, and 30 4 HOUSE BILL 548 practices needed to create a Maryland Natural Psychedelic Substance Access Program; 1 (3) make recommendations to establish requirements for a N atural 2 Psychedelic Permit, including: 3 (i) educational curricula to ensure the safe use of natural 4 psychedelic substances, including curricula relating to the testing of, proper dosage of, and 5 usage setting for such substances; 6 (ii) learning assessments to ensure knowledge, skills, and abilities 7 gained by Natural Psychedelic Permit applicants before the issuance of a permit; 8 (iii) existing infrastructure that may be used for the delivery of 9 educational and testing material; 10 (iv) existing organizations and groups willing and able to develop 11 educational curricula and learning assessments; and 12 (v) quantities of natural psychedelic substances that Natural 13 Psychedelic Permit holders may possess, use, grow, and gift without supervision; 14 (4) make recommendations for therapeutic and licensed support for adult 15 use of natural psychedelic substances, allowing individuals the ability to obtain treatment 16 involving the use of psychedelic materials under the supervision and guidance of 17 experienced, trained, and licensed therapists and facilitators; 18 (5) make recommendations for establishing requirements related to the 19 production of natural psychedelic substances, including: 20 (i) regulations for growing natural psychedelic substances in 21 accordance with agricultural safety standards; and 22 (ii) testing and packaging requirements for products containing 23 natural psychedelic substances with clear and accurate labeling of potency; 24 (6) make recommendations for the sale and taxation of natural psychedelic 25 substances, including: 26 (i) restricting the sales of natural psychedelic substances to Natural 27 Psychedelic Permit holders; 28 (ii) systems for the sale and reasonable taxation of natural 29 psychedelic substances to cover the cost of a Maryland Natural Psychedelic Substance 30 Access Program; 31 (iii) systems to support statewide online sales of natural psychedelic 32 substances with home delivery; and 33 HOUSE BILL 548 5 (iv) options for retail stores that sell natural psychedelic substances 1 in communities in the State and opt to participate in the online sale and home delivery of 2 the substances; and 3 (7) make recommendations to transition from criminalizing conduct 4 involving natural psychedelic substances, including: 5 (i) punishing with civil penalties nonviolent infractions involving 6 the planting, cultivating, purchasing, transporting, distributing, or possessing of or other 7 engagement with natural psychedelic substances; 8 (ii) expunging the records of Marylanders with convictions for 9 nonviolent criminal offenses relating to natural psychedelic substances; and 10 (iii) releasing Marylanders incarcerated for nonviolent criminal 11 offenses relating to natural psychedelic substances. 12 (i) On or before December 15, 2025, the Task Force shall submit a report of its 13 findings and recommendations to the Governor and, in accordance with § 2–1257 of the 14 State Government Article, the General Assembly. 15 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16 1, 2024. It shall remain effective for a period of 2 years and, at the end of June 30, 2026, 17 this Act, with no further action required by the General Assembly, shall be abrogated and 18 of no further force and effect. 19