MD
Maryland House Bill HB548

Maryland 2024 Regular Session

Maryland House Bill HB548 Compare Versions

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1- WES MOORE, Governor Ch. 792
21
3-– 1 –
4-Chapter 792
5-(House Bill 548)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0548*
89
9-Task Force on Responsible Use of Natural Psychedelic Substances
10+HOUSE BILL 548
11+J1 4lr2942
12+ CF SB 1009
13+By: Delegates Guzzone, Fair, Hill, Kerr, R. Lewis, and Ruth Ruth, Pena–Melnyk,
14+Cullison, Alston, Bagnall, Bhandari, Hutchinson, S. Johnson, Kaiser, Lopez,
15+Martinez, Rosenberg, Taveras, White Holland, and Woods
16+Introduced and read first time: January 24, 2024
17+Assigned to: Health and Government Operations
18+Committee Report: Favorable with amendments
19+House action: Adopted
20+Read second time: March 1, 2024
1021
11-FOR the purpose of establishing the Task Force on Responsible Use of Natural Psychedelic
12-Substances to study and make recommendations related to the use of natural
13-psychedelic substances; and generally relating to the Task Force on Responsible Use
14-of Natural Psychedelic Substances.
22+CHAPTER ______
1523
16- SECTION 1. BE IT ENACTED BY THE GE NERAL ASSEMBLY OF MARYLAND,
17-That:
24+AN ACT concerning 1
1825
19- (a) (1) In this section, “natural psychedelic substances” means includes
20-naturally derived psilocybin, psilocin, dimethyltryptamine, and mescaline, and any other
21-substance determined by the Task Force to be a natural psychedelic substance.
26+Task Force on Responsible Use of Natural Psychedelic Substances 2
2227
23- (2) “Natural psychedelic substances” does not include peyote.
28+FOR the purpose of establishing the Task Force on Responsible Use of Natural Psychedelic 3
29+Substances to study and make recommendations related to the use of natural 4
30+psychedelic substances; and generally relating to the Task Force on Responsible Use 5
31+of Natural Psychedelic Substances. 6
2432
25- (b) There is a Task Force on Responsible Use of Natural Psychedelic Substances.
33+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
34+That: 8
2635
27- (c) The Task Force consists of the following members:
36+ (a) (1) In this section, “natural psychedelic substances” means includes 9
37+naturally derived psilocybin, psilocin, dimethyltryptamine, and mescaline, and any other 10
38+substance determined by the Task Force to be a natural psychedelic substance. 11
2839
29- (1) two members one member of the Senate of Maryland: who shall be
30-appointed by the President of the Senate;
40+ (2) “Natural psychedelic substances” does not include peyote. 12
3141
32- (i) one of which shall be appointed by the President of the Senate;
33-and
42+ (b) There is a Task Force on Responsible Use of Natural Psychedelic Substances. 13
3443
35- (ii) one of which shall be appointed by the Minority Leader of the
36-Senate;
44+ (c) The Task Force consists of the following members: 14
3745
38- (2) two members one member of the House of Delegates: who shall be
39-appointed by the Speaker of the House;
46+ (1) two members one member of the Senate of Maryland: who shall be 15
47+appointed by the President of the Senate; 16
48+ 2 HOUSE BILL 548
4049
41- (i) one of which shall be appointed by the Speaker of the House; and
4250
43- (ii) one of which shall be appointed by the Minority Leader of the
44-House;
51+ (i) one of which shall be appointed by the President of the Senate; 1
52+and 2
4553
46- (3) the Secretary of Health, or the Secretary’s designee;
54+ (ii) one of which shall be appointed by the Minority Leader of the 3
55+Senate; 4
4756
48- (4) the Secretary of Agriculture, or the Secretary’s designee;
49- Ch. 792 2024 LAWS OF MARYLAND
57+ (2) two members one member of the House of Delegates: who shall be 5
58+appointed by the Speaker of the House; 6
5059
51-– 2 –
52- (5) (4) the Secretary of Disabilities, or the Secretary’s designee;
60+ (i) one of which shall be appointed by the Speaker of the House; and 7
5361
54- (6) the Secretary of Human Services, or the Secretary’s designee;
62+ (ii) one of which shall be appointed by the Minority Leader of the 8
63+House; 9
5564
56- (7) (5) the Secretary of Veterans Affairs, or the Secretary’s designee;
65+ (3) the Secretary of Health, or the Secretary’s designee; 10
5766
58- (8) (6) the Executive Director of the Maryland Cannabis Administration, or
59-the Executive Director’s designee; and
67+ (4) the Secretary of Agriculture, or the Secretary’s designee; 11
6068
61- (9) (7) the following members, appointed by the Governor:
69+ (5) (4) the Secretary of Disabilities, or the Secretary’s designee; 12
6270
63- (i) one representative of the University System of Maryland or, the
64-Johns Hopkins University’s Center for Psychedelic and Consciousness Research, or
65-Sheppard Pratt;
71+ (6) the Secretary of Human Services, or the Secretary’s designee; 13
6672
67- (ii) one representative of a federally recognized Native American
68-tribe in the State with experience in the religious and spiritual use of psychedelic
69-substances;
73+ (7) (5) the Secretary of Veterans Affairs, or the Secretary’s designee; 14
7074
71- (iii) one individual with expertise in public health;
75+ (8) (6) the Executive Director of the Maryland Cannabis Administration, or 15
76+the Executive Director’s designee; and 16
7277
73- (iv) (iii) one individual with expertise in behavioral health;
78+ (9) (7) the following members, appointed by the Governor: 17
7479
75- (v) (iv) one individual with expertise in the treatment of
76-substance use disorders;
80+ (i) one representative of the University System of Maryland or, the 18
81+Johns Hopkins University’s Center for Psychedelic and Consciousness Research, or 19
82+Sheppard Pratt; 20
7783
78- (vi) (v) one individual with expertise in the treatment of chronic
79-pain;
84+ (ii) one representative of a federally recognized Native American 21
85+tribe in the State with experience in the religious and spiritual use of psychedelic 22
86+substances; 23
8087
81- (vii) (vi) one individual with expertise in psychedelic–assisted
82-psychotherapy;
88+ (iii) one individual with expertise in public health; 24
8389
84- (viii) (vii) one individual with expertise in psychedelic research;
90+ (iv) (iii) one individual with expertise in behavioral health; 25
8591
86- (ix) (viii) one individual with expertise in access to care in
87-underserved communities;
92+ (v) (iv) one individual with expertise in the treatment of 26
93+substance use disorders; 27
8894
89- (x) one individual with expertise in harm reduction strategies for
90-individuals with a substance use disorder;
95+ (vi) (v) one individual with expertise in the treatment of chronic 28
96+pain; 29
97+ HOUSE BILL 548 3
9198
92- (xi) (ix) one individual with expertise in drug policy reform;
9399
94- (xii) one individual with expertise in the religious and spiritual use of
95-psychedelic substances;
96- WES MOORE, Governor Ch. 792
100+ (vii) (vi) one individual with expertise in psychedelic–assisted 1
101+psychotherapy; 2
97102
98-– 3 –
99- (xiii) (x) one individual with expertise as a member of law
100-enforcement; and
103+ (viii) (vii) one individual with expertise in psychedelic research; 3
101104
102- (xiv) (xi) two individuals who are patients one individual who is a
103-patient with conditions that can be treated with psychedelic substances;
105+ (ix) (viii) one individual with expertise in access to care in 4
106+underserved communities; 5
104107
105- (xii) one individual with experience with the pharmacology of natural
106-psychedelic substances; and
108+ (x) one individual with expertise in harm reduction strategies for 6
109+individuals with a substance use disorder; 7
107110
108- (xiii) one physician with experience with the appropriate use of
109-psychedelic substances and other integrative medical practices.
111+ (xi) (ix) one individual with expertise in drug policy reform; 8
110112
111- (d) To the extent practicable, the membership of the Task Force shall reflect the
112-socioeconomic, ethnic, and geographic diversity of the State.
113+ (xii) one individual with expertise in the religious and spiritual use of 9
114+psychedelic substances; 10
113115
114- (e) The Governor shall designate the chair of the Task Force.
116+ (xiii) (x) one individual with expertise as a member of law 11
117+enforcement; and 12
115118
116- (f) The Maryland Department of Health Cannabis Administration shall provide
117-staff for the Task Force.
119+ (xiv) (xi) two individuals who are patients one individual who is a 13
120+patient with conditions that can be treated with psychedelic substances; 14
118121
119- (g) A member of the Task Force:
122+ (xii) one individual with experience with the pharmacology of natural 15
123+psychedelic substances; and 16
120124
121- (1) may not receive compensation as a member of the Task Force; but
125+ (xiii) one physician with experience with the appropriate use of 17
126+psychedelic substances and other integrative medical practices. 18
122127
123- (2) is entitled to reimbursement for expenses under the Standard State
124-Travel Regulations, as provided in the State budget.
128+ (d) To the extent practicable, the membership of the Task Force shall reflect the 19
129+socioeconomic, ethnic, and geographic diversity of the State. 20
125130
126- (h) The Task Force shall:
131+ (e) The Governor shall designate the chair of the Task Force. 21
127132
128- (1) study:
133+ (f) The Maryland Department of Health Cannabis Administration shall provide 22
134+staff for the Task Force. 23
129135
130- (i) existing laws, policies, and practices relating to the use of natural
131-psychedelic substances;
136+ (g) A member of the Task Force: 24
132137
133- (ii) the best available science and data on public benefits of
134-responsible access to and use of natural psychedelic substances;
138+ (1) may not receive compensation as a member of the Task Force; but 25
135139
136- (iii) opportunities to maximize public benefits of responsible access to
137-and use of natural psychedelic substances;
140+ (2) is entitled to reimbursement for expenses under the Standard State 26
141+Travel Regulations, as provided in the State budget. 27
138142
139- (iv) the best available data on potential risks of access to and use of
140-natural psychedelic substances;
143+ (h) The Task Force shall: 28
141144
142- (v) opportunities to mitigate potential risks of access to and use of
143-natural psychedelic substances; and
144- Ch. 792 2024 LAWS OF MARYLAND
145+ (1) study: 29
146+ 4 HOUSE BILL 548
145147
146-– 4 –
147- (vi) barriers health care practitioners and facilitators may encounter
148-relating to natural psychedelic substances, including barriers relating to insurance,
149-restrictions by licensing and credentialing entities, zoning, advertising, and financial
150-services;
151148
152- (2) make recommendations regarding any changes to State law, policy, and
153-practices needed to create a Maryland Natural Psychedelic Substance Access Program that
154-enables broad, equitable, and affordable access to psychedelic substances, including:
149+ (i) existing laws, policies, and practices relating to the use of natural 1
150+psychedelic substances; 2
155151
156- (i) permitting requirements, including requirements regarding
157-education and safety;
152+ (ii) the best available science and data on public benefits of 3
153+responsible access to and use of natural psychedelic substances; 4
158154
159- (ii) access to treatment and regulated support; and
155+ (iii) opportunities to maximize public benefits of responsible access to 5
156+and use of natural psychedelic substances; 6
160157
161- (iii) production of natural psychedelic substances;
158+ (iv) the best available data on potential risks of access to and use of 7
159+natural psychedelic substances; 8
162160
163- (3) make recommendations to establish requirements for a Natural
164-Psychedelic Permit, including:
161+ (v) opportunities to mitigate potential risks of access to and use of 9
162+natural psychedelic substances; and 10
165163
166- (i) educational curricula to ensure the safe use of natural
167-psychedelic substances, including curricula relating to the testing of, proper dosage of, and
168-usage setting for such substances;
164+ (vi) barriers health care practitioners and facilitators may encounter 11
165+relating to natural psychedelic substances, including barriers relating to insurance, 12
166+restrictions by licensing and credentialing entities, zoning, advertising, and financial 13
167+services; 14
169168
170- (ii) learning assessments to ensure knowledge, skills, and abilities
171-gained by Natural Psychedelic Permit applicants before the issuance of a permit;
169+ (2) make recommendations regarding any changes to State law, policy, and 15
170+practices needed to create a Maryland Natural Psychedelic Substance Access Program that 16
171+enables broad, equitable, and affordable access to psychedelic substances, including: 17
172172
173- (iii) existing infrastructure that may be used for the delivery of
174-educational and testing material;
173+ (i) permitting requirements, including requirements regarding 18
174+education and safety; 19
175175
176- (iv) existing organizations and groups willing and able to develop
177-educational curricula and learning assessments; and
176+ (ii) access to treatment and regulated support; and 20
178177
179- (v) quantities of natural psychedelic substances that Natural
180-Psychedelic Permit holders may possess, use, grow, and gift without supervision;
178+ (iii) production of natural psychedelic substances; 21
181179
182- (4) make recommendations for therapeutic and licensed support for adult
183-use of natural psychedelic substances, allowing individuals the ability to obtain treatment
184-involving the use of psychedelic materials under the supervision and guidance of
185-experienced, trained, and licensed therapists and facilitators;
180+ (3) make recommendations to establish requirements for a Natu ral 22
181+Psychedelic Permit, including: 23
186182
187- (5) make recommendations for establishing requirements related to the
188-production of natural psychedelic substances, including:
183+ (i) educational curricula to ensure the safe use of natural 24
184+psychedelic substances, including curricula relating to the testing of, proper dosage of, and 25
185+usage setting for such substances; 26
189186
190- (i) regulations for growing natural psychedelic substances in
191-accordance with agricultural safety standards; and
192- WES MOORE, Governor Ch. 792
187+ (ii) learning assessments to ensure knowledge, skills, and abilities 27
188+gained by Natural Psychedelic Permit applicants before the issuance of a permit; 28
193189
194-– 5 –
195- (ii) testing and packaging requirements for products containing
196-natural psychedelic substances with clear and accurate labeling of potency;
190+ (iii) existing infrastructure that may be used for the delivery of 29
191+educational and testing material; 30
197192
198- (6) make recommendations for the sale and taxation of natural psychedelic
199-substances, including:
193+ (iv) existing organizations and groups willing and able to develop 31
194+educational curricula and learning assessments; and 32
195+ HOUSE BILL 548 5
200196
201- (i) restricting the sales of natural psychedelic substances to Natural
202-Psychedelic Permit holders;
203197
204- (ii) systems for the sale and reasonable taxation of natural
205-psychedelic substances to cover the cost of a Maryland Natural Psychedelic Substance
206-Access Program;
198+ (v) quantities of natural psychedelic substances that Natural 1
199+Psychedelic Permit holders may possess, use, grow, and gift without supervision; 2
207200
208- (iii) systems to support statewide online sales of natural psychedelic
209-substances with home delivery; and
201+ (4) make recommendations for therapeutic and licensed support for adult 3
202+use of natural psychedelic substances, allowing individuals the ability to obtain treatment 4
203+involving the use of psychedelic materials under the supervision and guidance of 5
204+experienced, trained, and licensed therapists and facilitators; 6
210205
211- (iv) options for retail stores that sell natural psychedelic substances
212-in communities in the State and opt to participate in the online sale and home delivery of
213-the substances; and
206+ (5) make recommendations for establishing requirements related to the 7
207+production of natural psychedelic substances, including: 8
214208
215- (7) (3) make recommendations to transition from criminalizing conduct
216-involving natural psychedelic substances, including:
209+ (i) regulations for growing natural psychedelic substances in 9
210+accordance with agricultural safety standards; and 10
217211
218- (i) punishing with civil penalties nonviolent infractions involving
219-the planting, cultivating, purchasing, transporting, distributing, or possessing of or other
220-engagement with natural psychedelic substances;
212+ (ii) testing and packaging requirements for products containing 11
213+natural psychedelic substances with clear and accurate labeling of potency; 12
221214
222- (ii) expunging the records of Marylanders with convictions for
223-nonviolent criminal offenses relating to natural psychedelic substances; and
215+ (6) make recommendations for the sale and taxation of natural psychedelic 13
216+substances, including: 14
224217
225- (iii) releasing Marylanders incarcerated for nonviolent criminal
226-offenses relating to natural psychedelic substances.
218+ (i) restricting the sales of natural psychedelic substances to Natural 15
219+Psychedelic Permit holders; 16
227220
228- (i) The Task Force may consult with experts and stakeholders in conducting its
229-duties.
221+ (ii) systems for the sale and reasonable taxation of natural 17
222+psychedelic substances to cover the cost of a Maryland Natural Psychedelic Substance 18
223+Access Program; 19
230224
231- (i) (j) On or before December 15 July 31, 2025, the Task Force shall submit a report
232-of its findings and recommendations to the Governor and, in accordance with § 2–1257 of
233-the State Government Article, the General Assembly.
225+ (iii) systems to support statewide online sales of natural psychedelic 20
226+substances with home delivery; and 21
234227
235- SECTION 2. AND BE IT FURTHER ENACTE D, That this Act shall take effect July
236-1, 2024. It shall remain effective for a period of 2 years and 6 months and, at the end of
237-June 30, 2026 December 31, 2026, this Act, with no further action required by the General
238-Assembly, shall be abrogated and of no further force and effect.
228+ (iv) options for retail stores that sell natural psychedelic substances 22
229+in communities in the State and opt to participate in the online sale and home delivery of 23
230+the substances; and 24
239231
240-Approved by the Governor, May 16, 2024.
232+ (7) (3) make recommendations to transition from criminalizing conduct 25
233+involving natural psychedelic substances, including: 26
234+
235+ (i) punishing with civil penalties nonviolent infractions involving 27
236+the planting, cultivating, purchasing, transporting, distributing, or possessing of or other 28
237+engagement with natural psychedelic substances; 29
238+
239+ (ii) expunging the records of Marylanders with convictions for 30
240+nonviolent criminal offenses relating to natural psychedelic substances; and 31
241+
242+ (iii) releasing Marylanders incarcerated for nonviolent criminal 32
243+offenses relating to natural psychedelic substances. 33
244+ 6 HOUSE BILL 548
245+
246+
247+ (i) The Task Force may consult with experts and stakeholders in conducting its 1
248+duties. 2
249+
250+ (i) (j) On or before December 15 July 31, 2025, the Task Force shall submit a report 3
251+of its findings and recommendations to the Governor and, in accordance with § 2–1257 of 4
252+the State Government Article, the General Assembly. 5
253+
254+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
255+1, 2024. It shall remain effective for a period of 2 years and 6 months and, at the end of 7
256+June 30, 2026 December 31, 2026, this Act, with no further action required by the General 8
257+Assembly, shall be abrogated and of no further force and effect. 9
258+
259+
260+
261+
262+
263+Approved:
264+________________________________________________________________________________
265+ Governor.
266+________________________________________________________________________________
267+ Speaker of the House of Delegates.
268+________________________________________________________________________________
269+ President of the Senate.