1.1 A bill for an act
1.2 relating to controlled substances; authorizing the cultivation, possession,
1.3 transportation, and personal use of psilocybin by individuals 21 years of age or
1.4 older; establishing protections; establishing public education and harm reduction
1.5 programs; establishing a Psychedelic Medicine Board; providing criminal penalties;
1.6 authorizing rulemaking; authorizing civil actions; appropriating money; amending
1.7 Minnesota Statutes 2024, sections 152.021, subdivision 2; 152.022, subdivision
1.8 2; 152.024, subdivision 2; proposing coding for new law in Minnesota Statutes,
1.9 chapter 152.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. PURPOSE.
1.12 The purpose of this act is to eliminate criminal and civil penalties for the personal use
1.13and possession of psilocybin by adults age 21 and older in Minnesota, and in so doing reduce
1.14the burden on the criminal justice system, promote harm reduction, and enable individuals
1.15to make personal decisions regarding the use of psilocybin without fear of prosecution.
1.16 Sec. 2. Minnesota Statutes 2024, section 152.021, subdivision 2, is amended to read:
1.17 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in
1.18the first degree if:
1.19 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
1.20or more containing cocaine or methamphetamine;
1.21 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
1.22or more containing cocaine or methamphetamine and:
1Sec. 2.
REVISOR KLL/NS 25-0475703/17/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2699
NINETY-FOURTH SESSION
Authored by Smith; Hollins; Gomez; Hanson, J.; Falconer and others03/24/2025
The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (i) the person or an accomplice possesses on their person or within immediate reach, or
2.2uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
2.3firearm; or
2.4 (ii) the offense involves two aggravating factors;
2.5 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.6or more, or 100 dosage units or more, containing heroin or fentanyl;
2.7 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
2.8or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
2.9 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
2.10or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
2.11substance is packaged in dosage units, equaling 500 or more dosage units, except as provided
2.12for in section 152.41; or
2.13 (6) the person unlawfully possesses:
2.14 (i) 50 kilograms or more of cannabis flower;
2.15 (ii) ten kilograms or more of cannabis concentrate; or
2.16 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
2.17products, or any combination of those infused with more than one kilogram of
2.18tetrahydrocannabinols.
2.19 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
2.20not be considered in measuring the weight of a mixture except in cases where the mixture
2.21contains four or more fluid ounces of fluid.
2.22 Sec. 3. Minnesota Statutes 2024, section 152.022, subdivision 2, is amended to read:
2.23 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the
2.24second degree if:
2.25 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
2.26or more containing cocaine or methamphetamine;
2.27 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
2.28or more containing cocaine or methamphetamine and:
2.29 (i) the person or an accomplice possesses on their person or within immediate reach, or
2.30uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
2.31firearm; or
2Sec. 3.
REVISOR KLL/NS 25-0475703/17/25 3.1 (ii) the offense involves three aggravating factors;
3.2 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams
3.3or more, or 50 dosage units or more, containing heroin or fentanyl;
3.4 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
3.5or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
3.6 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
3.7or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
3.8substance is packaged in dosage units, equaling 100 or more dosage units, except as provided
3.9for in section 152.41; or
3.10 (6) the person unlawfully possesses:
3.11 (i) 25 kilograms or more of cannabis flower;
3.12 (ii) five kilograms or more of cannabis concentrate; or
3.13 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
3.14products, or any combination of those infused with more than 500 grams of
3.15tetrahydrocannabinols.
3.16 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
3.17not be considered in measuring the weight of a mixture except in cases where the mixture
3.18contains four or more fluid ounces of fluid.
3.19 Sec. 4. Minnesota Statutes 2024, section 152.024, subdivision 2, is amended to read:
3.20 Subd. 2.Possession crimes.A person is guilty of controlled substance crime in the
3.21fourth degree if:
3.22 (1) the person unlawfully possesses one or more mixtures containing phencyclidine or
3.23hallucinogen, it is packaged in dosage units, and equals ten or more dosage units, except as
3.24provided for in section 152.41; or
3.25 (2) the person unlawfully possesses one or more mixtures containing a controlled
3.26substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols,
3.27with the intent to sell it.
3.28 Sec. 5. [152.40] DEFINITIONS.
3.29 Subdivision 1.Application.For purposes of sections 152.40 to 152.44, the following
3.30terms have the meanings given.
3Sec. 5.
REVISOR KLL/NS 25-0475703/17/25 4.1 Subd. 2.Motor vehicle."Motor vehicle" has the meaning given in section 169A.03,
4.2subdivision 15.
4.3 Subd. 3.Personal use."Personal use" means the use of psilocybin by the individual in
4.4possession of the psilocybin, and not commercial sale or distribution of psilocybin.
4.5 Subd. 4.Possession limit."Possession limit" means the amount of psilocybin, as
4.6determined by the board, an individual may possess under section 152.41, except that the
4.7amount must not exceed a one-year supply of psilocybin in dried or prepared form.
4.8 Subd. 5.Psilocybin."Psilocybin" means any mushroom, in raw, dried, or prepared form,
4.9that contains the psychoactive compound psilocybin or its metabolite psilocin.
4.10 Subd. 6.Psychedelic Medicine Board or board."Psychedelic Medicine Board" or
4.11"board" means the board established under section 152.42.
4.12 Subd. 7.Public place."Public place" means an area open to the public, including but
4.13not limited to a public street or sidewalk; a pedestrian skyway system as defined in section
4.14469.125, subdivision 4; or a park.
4.15 Sec. 6. [152.41] PERSONAL ADULT USE OF PSILOCYBIN.
4.16 Subdivision 1.Personal adult use, possession, transportation, and cultivation.(a)
4.17An individual 21 years of age or older is permitted to:
4.18 (1) cultivate psilocybin for personal use, provided the cultivation is performed in
4.19accordance with subdivision 3;
4.20 (2) possess or transport psilocybin, provided the total amount the individual possesses
4.21or transports does not exceed the possession limit;
4.22 (3) give for no remuneration to an individual who is 21 years of age or older psilocybin
4.23in an amount that does not exceed the possession limit; and
4.24 (4) engage in the personal use of psilocybin:
4.25 (i) at a private residence, including the curtilage or yard of the residence; or
4.26 (ii) on private property that is not generally accessible to the public, unless the property
4.27owner prohibits the use of psilocybin on the property.
4.28 (b) No civil or criminal penalty shall be imposed on an individual 21 years of age or
4.29older solely for engaging in an act listed in paragraph (a).
4.30 Subd. 2.Limitations.Nothing in this section permits an individual to:
4Sec. 6.
REVISOR KLL/NS 25-0475703/17/25 5.1 (1) cultivate, engage in the personal use of, possess, or transport psilocybin if the
5.2individual is under 21 years of age;
5.3 (2) engage in the personal use of psilocybin in a motor vehicle when the motor vehicle
5.4is on a street or highway;
5.5 (3) operate a motor vehicle while under the influence of psilocybin;
5.6 (4) cultivate, possess, transport, or give to another individual psilocybin in an amount
5.7that exceeds the possession limit;
5.8 (5) sell psilocybin to an individual for remuneration or engage in the commercial
5.9distribution of psilocybin;
5.10 (6) engage in the personal use of psilocybin in a public place;
5.11 (7) possess or engage in the personal use of psilocybin on the grounds of a public school,
5.12as defined in section 120A.05, subdivisions 9, 11, and 13, or a charter school governed by
5.13chapter 124E, including all owned, rented, or leased facilities and all vehicles that a school
5.14district owns, leases, rents, contracts for, or controls; or
5.15 (8) possess or engage in the personal use of psilocybin in a state correctional facility.
5.16 Subd. 3.Cultivation.An individual who is 21 years of age or older may cultivate
5.17psilocybin for personal use, provided:
5.18 (1) the cultivation takes place at the primary residence of an individual 21 years of age
5.19or older and in an enclosed, locked space that is not accessible to the public or by individuals
5.20under 21 years of age and the dimensions of which do not exceed 12 feet by 12 feet; and
5.21 (2) the amount cultivated does not exceed the possession limit.
5.22 Subd. 4.Offenses.(a) An individual under 21 years of age who cultivates, engages in
5.23the personal use of, possesses, or transports psilocybin in an amount at or below the
5.24possession limit commits a petty misdemeanor and shall pay a fine of not more than $100.
5.25 (b) An individual who engages in the personal use of psilocybin in a motor vehicle when
5.26the motor vehicle is on a street or highway is guilty of a misdemeanor.
5.27 (c) An individual who engages in the personal use of psilocybin in a public place is
5.28guilty of a petty misdemeanor and shall pay a fine of not more than $100.
5.29 (d) An individual who possesses or engages in the personal use of psilocybin on the
5.30grounds of a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or a
5.31charter school governed by chapter 124E, including all owned, rented, or leased facilities
5Sec. 6.
REVISOR KLL/NS 25-0475703/17/25 6.1and all vehicles that a school district owns, leases, rents, contracts for, or controls is guilty
6.2of a misdemeanor.
6.3 Sec. 7. [152.42] PSYCHEDELIC MEDICINE BOARD.
6.4 Subdivision 1.Establishment.The Psychedelic Medicine Board is established to ensure
6.5the safe and appropriate use of psilocybin in the state by individuals 21 years of age or older.
6.6 Subd. 2.Membership.Membership of the board shall consist of:
6.7 (1) ... members appointed by the governor who have knowledge and expertise regarding
6.8the use of psilocybin or other psychedelic medicines or regarding integration resources
6.9associated with the use of psilocybin;
6.10 (2) ... public members appointed by the governor;
6.11 (3) one member representing Tribal Nations in the state, appointed by the Indian Affairs
6.12Council;
6.13 (4) the commissioner of health or a designee; and
6.14 (5) the commissioner of public safety or a designee.
6.15 Subd. 3.Duties of the board.The board must:
6.16 (1) adopt rules to implement sections 152.40 to 152.44, including rules to establish a
6.17possession limit for psilocybin;
6.18 (2) evaluate requirements for the personal use of psilocybin under sections 152.40 to
6.19152.44 and recommend laws and policies to ensure the safe and appropriate use of psilocybin
6.20in the state;
6.21 (3) award grants according to section 152.44, subdivision 3; and
6.22 (4) perform other duties as determined by the board.
6.23 Subd. 4.Chairperson.The governor must designate one of the members appointed
6.24under subdivision 2, clause (1), as chairperson of the board.
6.25 Subd. 5.Terms; compensation; removals; vacancies.(a) Except as provided in
6.26paragraph (b), terms, compensation, removals of members, and vacancies regarding members
6.27appointed under subdivision 2, clauses (1) to (3), are governed by section 15.0575. Initial
6.28members under subdivision 2, clauses (1) to (3), must be appointed by November 1, 2025.
6.29 (b) The terms for initial board members shall be as follows and shall be determined by
6.30lot by the secretary of state:
6Sec. 7.
REVISOR KLL/NS 25-0475703/17/25 7.1 (1) ... members appointed under subdivision 2, clause (1), and ... members appointed
7.2under subdivision 2, clause (2), shall serve two-year terms;
7.3 (2) ... members appointed under subdivision 2, clause (1), and ... members appointed
7.4under subdivision 2, clause (2), shall serve three-year terms; and
7.5 (3) ... members appointed under subdivision 2, clause (1), ... members appointed under
7.6subdivision 2, clause (2), and the member appointed under subdivision 2, clause (3), shall
7.7serve four-year terms.
7.8 Subd. 6.Meetings.The board must meet at least four times per year or at the call of the
7.9chairperson. The initial meeting of the board must occur by December 1, 2025, and must
7.10be called by the member designated by the governor as chairperson.
7.11 Subd. 7.Administrative and staff support.The commissioner of health must provide
7.12the board with administrative services and meeting space necessary for the board to perform
7.13its duties. The board must contract with the commissioner of health for staff needed for
7.14board activities, and staff support must be based on an annual budget and work program
7.15developed by the board and certified to the commissioner by the chairperson of the board.
7.16 Sec. 8. [152.43] PROTECTIONS FOR USERS OF PSILOCYBIN.
7.17 Subdivision 1.Employment.An employer must not discriminate against an individual
7.18in hiring, termination, or any term or condition of employment, or otherwise penalize an
7.19individual based on the individual's lawful cultivation, possession, transportation, or use of
7.20psilocybin under section 152.41, unless:
7.21 (1) the employer's failure to act would violate federal law or regulations or would cause
7.22the employer to lose a monetary or licensing-related benefit under federal law or regulations;
7.23or
7.24 (2) the individual's use of psilocybin directly impacts the individual's job performance
7.25or safety requirements of the individual's job position.
7.26 Subd. 2.Housing.No landlord may refuse to lease to an individual or evict an individual
7.27solely for the individual's lawful cultivation, possession, or use of psilocybin under section
7.28152.41, unless the landlord's failure to do so would violate federal law or regulations or
7.29would cause the landlord to lose a monetary or licensing-related benefit under federal law
7.30or regulations.
7.31 Subd. 3.Custody; visitation; parenting time.An individual must not be denied custody
7.32of a minor child or visitation rights or parenting time with a minor child based solely on the
7Sec. 8.
REVISOR KLL/NS 25-0475703/17/25 8.1individual's lawful cultivation, possession, transportation, or use of psilocybin under section
8.2152.41, unless the individual's behavior creates an unreasonable danger to the safety of the
8.3minor as demonstrated by clear and convincing evidence.
8.4 Subd. 4.Action for damages.In addition to any other remedy provided by law, an
8.5individual who is injured by a violation of subdivision 1, 2, or 3 may bring an action for
8.6damages against a person who violates subdivision 1, 2, or 3. A person who violates
8.7subdivision 1, 2, or 3 is liable to the individual injured by the violation for the greater of
8.8the individual's actual damages or a civil penalty of $100, plus reasonable attorney fees.
8.9 Sec. 9. [152.44] PUBLIC EDUCATION AND HARM REDUCTION.
8.10 Subdivision 1.Public education program.The commissioner of health must develop
8.11and implement a public education program that makes information available to the public
8.12on the responsible use of psilocybin, potential risks of using psilocybin, harm reduction
8.13strategies related to psilocybin use, and mental health resources related to psilocybin use.
8.14 Subd. 2.Training programs for first responders.The commissioner of health must
8.15develop and offer training programs for emergency medical responders, ambulance service
8.16personnel, peace officers, and other first responders on best practices for handling situations
8.17involving the use of psilocybin. The training programs must be developed and offered in
8.18coordination with the Office of Emergency Medical Services, the Peace Officer Standards
8.19and Training Board, the Minnesota State Patrol, and local law enforcement agencies.
8.20 Subd. 3.Community outreach grant program.The board must award grants to
8.21community-based organizations to fund education on safe practices for the use of psilocybin
8.22and integration resources for individuals using psilocybin. An entity seeking a grant under
8.23this subdivision must apply to the board in a form and manner specified by the board. Entities
8.24eligible for a grant under this subdivision include organizations with experience working
8.25with individuals using psilocybin or providing integration resources to individuals using
8.26psilocybin. Grant recipients must report grant program outcomes to the board in a form and
8.27manner specified by the board.
8.28 Sec. 10. APPROPRIATIONS.
8.29 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the
8.30general fund to the commissioner of health for public education and harm reduction initiatives
8.31related to the use of psilocybin. Of these appropriations:
8Sec. 10.
REVISOR KLL/NS 25-0475703/17/25 9.1 (1) $....... in fiscal year 2026 and $....... in fiscal year 2027 are for the public education
9.2program in Minnesota Statutes, section 152.44, subdivision 1; and
9.3 (2) $....... in fiscal year 2026 and $....... in fiscal year 2027 are to develop and offer
9.4trainings to first responders under Minnesota Statutes, section 152.44, subdivision 2.
9.5 (b) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the
9.6general fund to the Psychedelic Medicine Board for purposes of Minnesota Statutes, sections
9.7152.40 to 152.44. Of these appropriations, $....... in fiscal year 2026 and $....... in fiscal year
9.82027 are for the community outreach grant program under Minnesota Statutes, section
9.9152.44, subdivision 3.
9Sec. 10.
REVISOR KLL/NS 25-0475703/17/25