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Chapter 792
(House Bill 548)
AN ACT concerning
Task Force on Responsible Use of Natural Psychedelic Substances
FOR the purpose of establishing the Task Force on Responsible Use of Natural Psychedelic
Substances to study and make recommendations related to the use of natural
psychedelic substances; and generally relating to the Task Force on Responsible Use
of Natural Psychedelic Substances.
SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND,
That:
(a) (1) In this section, “natural psychedelic substances” means includes
naturally derived psilocybin, psilocin, dimethyltryptamine, and mescaline, and any other
substance determined by the Task Force to be a natural psychedelic substance.
(2) “Natural psychedelic substances” does not include peyote.
(b) There is a Task Force on Responsible Use of Natural Psychedelic Substances.
(c) The Task Force consists of the following members:
(1) two members one member of the Senate of Maryland: who shall be
appointed by the President of the Senate;
(i) one of which shall be appointed by the President of the Senate;
and
(ii) one of which shall be appointed by the Minority Leader of the
Senate;
(2) two members one member of the House of Delegates: who shall be
appointed by the Speaker of the House;
(i) one of which shall be appointed by the Speaker of the House; and
(ii) one of which shall be appointed by the Minority Leader of the
House;
(3) the Secretary of Health, or the Secretary’s designee;
(4) the Secretary of Agriculture, or the Secretary’s designee;
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(5) (4) the Secretary of Disabilities, or the Secretary’s designee;
(6) the Secretary of Human Services, or the Secretary’s designee;
(7) (5) the Secretary of Veterans Affairs, or the Secretary’s designee;
(8) (6) the Executive Director of the Maryland Cannabis Administration, or
the Executive Director’s designee; and
(9) (7) the following members, appointed by the Governor:
(i) one representative of the University System of Maryland or, the
Johns Hopkins University’s Center for Psychedelic and Consciousness Research, or
Sheppard Pratt;
(ii) one representative of a federally recognized Native American
tribe in the State with experience in the religious and spiritual use of psychedelic
substances;
(iii) one individual with expertise in public health;
(iv) (iii) one individual with expertise in behavioral health;
(v) (iv) one individual with expertise in the treatment of
substance use disorders;
(vi) (v) one individual with expertise in the treatment of chronic
pain;
(vii) (vi) one individual with expertise in psychedelic–assisted
psychotherapy;
(viii) (vii) one individual with expertise in psychedelic research;
(ix) (viii) one individual with expertise in access to care in
underserved communities;
(x) one individual with expertise in harm reduction strategies for
individuals with a substance use disorder;
(xi) (ix) one individual with expertise in drug policy reform;
(xii) one individual with expertise in the religious and spiritual use of
psychedelic substances;
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(xiii) (x) one individual with expertise as a member of law
enforcement; and
(xiv) (xi) two individuals who are patients one individual who is a
patient with conditions that can be treated with psychedelic substances;
(xii) one individual with experience with the pharmacology of natural
psychedelic substances; and
(xiii) one physician with experience with the appropriate use of
psychedelic substances and other integrative medical practices.
(d) To the extent practicable, the membership of the Task Force shall reflect the
socioeconomic, ethnic, and geographic diversity of the State.
(e) The Governor shall designate the chair of the Task Force.
(f) The Maryland Department of Health Cannabis Administration shall provide
staff for the Task Force.
(g) A member of the Task Force:
(1) may not receive compensation as a member of the Task Force; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(h) The Task Force shall:
(1) study:
(i) existing laws, policies, and practices relating to the use of natural
psychedelic substances;
(ii) the best available science and data on public benefits of
responsible access to and use of natural psychedelic substances;
(iii) opportunities to maximize public benefits of responsible access to
and use of natural psychedelic substances;
(iv) the best available data on potential risks of access to and use of
natural psychedelic substances;
(v) opportunities to mitigate potential risks of access to and use of
natural psychedelic substances; and
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(vi) barriers health care practitioners and facilitators may encounter
relating to natural psychedelic substances, including barriers relating to insurance,
restrictions by licensing and credentialing entities, zoning, advertising, and financial
services;
(2) make recommendations regarding any changes to State law, policy, and
practices needed to create a Maryland Natural Psychedelic Substance Access Program that
enables broad, equitable, and affordable access to psychedelic substances, including:
(i) permitting requirements, including requirements regarding
education and safety;
(ii) access to treatment and regulated support; and
(iii) production of natural psychedelic substances;
(3) make recommendations to establish requirements for a Natural
Psychedelic Permit, including:
(i) educational curricula to ensure the safe use of natural
psychedelic substances, including curricula relating to the testing of, proper dosage of, and
usage setting for such substances;
(ii) learning assessments to ensure knowledge, skills, and abilities
gained by Natural Psychedelic Permit applicants before the issuance of a permit;
(iii) existing infrastructure that may be used for the delivery of
educational and testing material;
(iv) existing organizations and groups willing and able to develop
educational curricula and learning assessments; and
(v) quantities of natural psychedelic substances that Natural
Psychedelic Permit holders may possess, use, grow, and gift without supervision;
(4) make recommendations for therapeutic and licensed support for adult
use of natural psychedelic substances, allowing individuals the ability to obtain treatment
involving the use of psychedelic materials under the supervision and guidance of
experienced, trained, and licensed therapists and facilitators;
(5) make recommendations for establishing requirements related to the
production of natural psychedelic substances, including:
(i) regulations for growing natural psychedelic substances in
accordance with agricultural safety standards; and
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(ii) testing and packaging requirements for products containing
natural psychedelic substances with clear and accurate labeling of potency;
(6) make recommendations for the sale and taxation of natural psychedelic
substances, including:
(i) restricting the sales of natural psychedelic substances to Natural
Psychedelic Permit holders;
(ii) systems for the sale and reasonable taxation of natural
psychedelic substances to cover the cost of a Maryland Natural Psychedelic Substance
Access Program;
(iii) systems to support statewide online sales of natural psychedelic
substances with home delivery; and
(iv) options for retail stores that sell natural psychedelic substances
in communities in the State and opt to participate in the online sale and home delivery of
the substances; and
(7) (3) make recommendations to transition from criminalizing conduct
involving natural psychedelic substances, including:
(i) punishing with civil penalties nonviolent infractions involving
the planting, cultivating, purchasing, transporting, distributing, or possessing of or other
engagement with natural psychedelic substances;
(ii) expunging the records of Marylanders with convictions for
nonviolent criminal offenses relating to natural psychedelic substances; and
(iii) releasing Marylanders incarcerated for nonviolent criminal
offenses relating to natural psychedelic substances.
(i) The Task Force may consult with experts and stakeholders in conducting its
duties.
(i) (j) On or before December 15 July 31, 2025, the Task Force shall submit a report
of its findings and recommendations to the Governor and, in accordance with § 2–1257 of
the State Government Article, the General Assembly.
SECTION 2. AND BE IT FURTHER ENACTE D, That this Act shall take effect July
1, 2024. It shall remain effective for a period of 2 years and 6 months and, at the end of
June 30, 2026 December 31, 2026, this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, May 16, 2024.