Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2699 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to controlled substances; authorizing the cultivation, possession,​
33 1.3 transportation, and personal use of psilocybin by individuals 21 years of age or​
44 1.4 older; establishing protections; establishing public education and harm reduction​
55 1.5 programs; establishing a Psychedelic Medicine Board; providing criminal penalties;​
66 1.6 authorizing rulemaking; authorizing civil actions; appropriating money; amending​
77 1.7 Minnesota Statutes 2024, sections 152.021, subdivision 2; 152.022, subdivision​
88 1.8 2; 152.024, subdivision 2; proposing coding for new law in Minnesota Statutes,​
99 1.9 chapter 152.​
1010 1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1111 1.11 Section 1. PURPOSE.​
1212 1.12 The purpose of this act is to eliminate criminal and civil penalties for the personal use​
1313 1.13and possession of psilocybin by adults age 21 and older in Minnesota, and in so doing reduce​
1414 1.14the burden on the criminal justice system, promote harm reduction, and enable individuals​
1515 1.15to make personal decisions regarding the use of psilocybin without fear of prosecution.​
1616 1.16 Sec. 2. Minnesota Statutes 2024, section 152.021, subdivision 2, is amended to read:​
1717 1.17 Subd. 2.Possession crimes.(a) A person is guilty of a controlled substance crime in​
1818 1.18the first degree if:​
1919 1.19 (1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams​
2020 1.20or more containing cocaine or methamphetamine;​
2121 1.21 (2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams​
2222 1.22or more containing cocaine or methamphetamine and:​
2323 1​Sec. 2.​
2424 REVISOR KLL/NS 25-04757​03/17/25 ​
2525 State of Minnesota​
2626 This Document can be made available​
2727 in alternative formats upon request​
2828 HOUSE OF REPRESENTATIVES​
2929 H. F. No. 2699​
3030 NINETY-FOURTH SESSION​
3131 Authored by Smith; Hollins; Gomez; Hanson, J.; Falconer and others​03/24/2025​
3232 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​
3333 2.2uses, whether by brandishing, displaying, threatening with, or otherwise employing, a​
3434 2.3firearm; or​
3535 2.4 (ii) the offense involves two aggravating factors;​
3636 2.5 (3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams​
3737 2.6or more, or 100 dosage units or more, containing heroin or fentanyl;​
3838 2.7 (4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams​
3939 2.8or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;​
4040 2.9 (5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams​
4141 2.10or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled​
4242 2.11substance is packaged in dosage units, equaling 500 or more dosage units, except as provided​
4343 2.12for in section 152.41; or​
4444 2.13 (6) the person unlawfully possesses:​
4545 2.14 (i) 50 kilograms or more of cannabis flower;​
4646 2.15 (ii) ten kilograms or more of cannabis concentrate; or​
4747 2.16 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer​
4848 2.17products, or any combination of those infused with more than one kilogram of​
4949 2.18tetrahydrocannabinols.​
5050 2.19 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may​
5151 2.20not be considered in measuring the weight of a mixture except in cases where the mixture​
5252 2.21contains four or more fluid ounces of fluid.​
5353 2.22 Sec. 3. Minnesota Statutes 2024, section 152.022, subdivision 2, is amended to read:​
5454 2.23 Subd. 2.Possession crimes.(a) A person is guilty of controlled substance crime in the​
5555 2.24second degree if:​
5656 2.25 (1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams​
5757 2.26or more containing cocaine or methamphetamine;​
5858 2.27 (2) the person unlawfully possesses one or more mixtures of a total weight of ten grams​
5959 2.28or more containing cocaine or methamphetamine and:​
6060 2.29 (i) the person or an accomplice possesses on their person or within immediate reach, or​
6161 2.30uses, whether by brandishing, displaying, threatening with, or otherwise employing, a​
6262 2.31firearm; or​
6363 2​Sec. 3.​
6464 REVISOR KLL/NS 25-04757​03/17/25 ​ 3.1 (ii) the offense involves three aggravating factors;​
6565 3.2 (3) the person unlawfully possesses one or more mixtures of a total weight of six grams​
6666 3.3or more, or 50 dosage units or more, containing heroin or fentanyl;​
6767 3.4 (4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams​
6868 3.5or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;​
6969 3.6 (5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams​
7070 3.7or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled​
7171 3.8substance is packaged in dosage units, equaling 100 or more dosage units, except as provided​
7272 3.9for in section 152.41; or​
7373 3.10 (6) the person unlawfully possesses:​
7474 3.11 (i) 25 kilograms or more of cannabis flower;​
7575 3.12 (ii) five kilograms or more of cannabis concentrate; or​
7676 3.13 (iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer​
7777 3.14products, or any combination of those infused with more than 500 grams of​
7878 3.15tetrahydrocannabinols.​
7979 3.16 (b) For the purposes of this subdivision, the weight of fluid used in a water pipe may​
8080 3.17not be considered in measuring the weight of a mixture except in cases where the mixture​
8181 3.18contains four or more fluid ounces of fluid.​
8282 3.19 Sec. 4. Minnesota Statutes 2024, section 152.024, subdivision 2, is amended to read:​
8383 3.20 Subd. 2.Possession crimes.A person is guilty of controlled substance crime in the​
8484 3.21fourth degree if:​
8585 3.22 (1) the person unlawfully possesses one or more mixtures containing phencyclidine or​
8686 3.23hallucinogen, it is packaged in dosage units, and equals ten or more dosage units, except as​
8787 3.24provided for in section 152.41; or​
8888 3.25 (2) the person unlawfully possesses one or more mixtures containing a controlled​
8989 3.26substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols,​
9090 3.27with the intent to sell it.​
9191 3.28 Sec. 5. [152.40] DEFINITIONS.​
9292 3.29 Subdivision 1.Application.For purposes of sections 152.40 to 152.44, the following​
9393 3.30terms have the meanings given.​
9494 3​Sec. 5.​
9595 REVISOR KLL/NS 25-04757​03/17/25 ​ 4.1 Subd. 2.Motor vehicle."Motor vehicle" has the meaning given in section 169A.03,​
9696 4.2subdivision 15.​
9797 4.3 Subd. 3.Personal use."Personal use" means the use of psilocybin by the individual in​
9898 4.4possession of the psilocybin, and not commercial sale or distribution of psilocybin.​
9999 4.5 Subd. 4.Possession limit."Possession limit" means the amount of psilocybin, as​
100100 4.6determined by the board, an individual may possess under section 152.41, except that the​
101101 4.7amount must not exceed a one-year supply of psilocybin in dried or prepared form.​
102102 4.8 Subd. 5.Psilocybin."Psilocybin" means any mushroom, in raw, dried, or prepared form,​
103103 4.9that contains the psychoactive compound psilocybin or its metabolite psilocin.​
104104 4.10 Subd. 6.Psychedelic Medicine Board or board."Psychedelic Medicine Board" or​
105105 4.11"board" means the board established under section 152.42.​
106106 4.12 Subd. 7.Public place."Public place" means an area open to the public, including but​
107107 4.13not limited to a public street or sidewalk; a pedestrian skyway system as defined in section​
108108 4.14469.125, subdivision 4; or a park.​
109109 4.15 Sec. 6. [152.41] PERSONAL ADULT USE OF PSILOCYBIN.​
110110 4.16 Subdivision 1.Personal adult use, possession, transportation, and cultivation.(a)​
111111 4.17An individual 21 years of age or older is permitted to:​
112112 4.18 (1) cultivate psilocybin for personal use, provided the cultivation is performed in​
113113 4.19accordance with subdivision 3;​
114114 4.20 (2) possess or transport psilocybin, provided the total amount the individual possesses​
115115 4.21or transports does not exceed the possession limit;​
116116 4.22 (3) give for no remuneration to an individual who is 21 years of age or older psilocybin​
117117 4.23in an amount that does not exceed the possession limit; and​
118118 4.24 (4) engage in the personal use of psilocybin:​
119119 4.25 (i) at a private residence, including the curtilage or yard of the residence; or​
120120 4.26 (ii) on private property that is not generally accessible to the public, unless the property​
121121 4.27owner prohibits the use of psilocybin on the property.​
122122 4.28 (b) No civil or criminal penalty shall be imposed on an individual 21 years of age or​
123123 4.29older solely for engaging in an act listed in paragraph (a).​
124124 4.30 Subd. 2.Limitations.Nothing in this section permits an individual to:​
125125 4​Sec. 6.​
126126 REVISOR KLL/NS 25-04757​03/17/25 ​ 5.1 (1) cultivate, engage in the personal use of, possess, or transport psilocybin if the​
127127 5.2individual is under 21 years of age;​
128128 5.3 (2) engage in the personal use of psilocybin in a motor vehicle when the motor vehicle​
129129 5.4is on a street or highway;​
130130 5.5 (3) operate a motor vehicle while under the influence of psilocybin;​
131131 5.6 (4) cultivate, possess, transport, or give to another individual psilocybin in an amount​
132132 5.7that exceeds the possession limit;​
133133 5.8 (5) sell psilocybin to an individual for remuneration or engage in the commercial​
134134 5.9distribution of psilocybin;​
135135 5.10 (6) engage in the personal use of psilocybin in a public place;​
136136 5.11 (7) possess or engage in the personal use of psilocybin on the grounds of a public school,​
137137 5.12as defined in section 120A.05, subdivisions 9, 11, and 13, or a charter school governed by​
138138 5.13chapter 124E, including all owned, rented, or leased facilities and all vehicles that a school​
139139 5.14district owns, leases, rents, contracts for, or controls; or​
140140 5.15 (8) possess or engage in the personal use of psilocybin in a state correctional facility.​
141141 5.16 Subd. 3.Cultivation.An individual who is 21 years of age or older may cultivate​
142142 5.17psilocybin for personal use, provided:​
143143 5.18 (1) the cultivation takes place at the primary residence of an individual 21 years of age​
144144 5.19or older and in an enclosed, locked space that is not accessible to the public or by individuals​
145145 5.20under 21 years of age and the dimensions of which do not exceed 12 feet by 12 feet; and​
146146 5.21 (2) the amount cultivated does not exceed the possession limit.​
147147 5.22 Subd. 4.Offenses.(a) An individual under 21 years of age who cultivates, engages in​
148148 5.23the personal use of, possesses, or transports psilocybin in an amount at or below the​
149149 5.24possession limit commits a petty misdemeanor and shall pay a fine of not more than $100.​
150150 5.25 (b) An individual who engages in the personal use of psilocybin in a motor vehicle when​
151151 5.26the motor vehicle is on a street or highway is guilty of a misdemeanor.​
152152 5.27 (c) An individual who engages in the personal use of psilocybin in a public place is​
153153 5.28guilty of a petty misdemeanor and shall pay a fine of not more than $100.​
154154 5.29 (d) An individual who possesses or engages in the personal use of psilocybin on the​
155155 5.30grounds of a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or a​
156156 5.31charter school governed by chapter 124E, including all owned, rented, or leased facilities​
157157 5​Sec. 6.​
158158 REVISOR KLL/NS 25-04757​03/17/25 ​ 6.1and all vehicles that a school district owns, leases, rents, contracts for, or controls is guilty​
159159 6.2of a misdemeanor.​
160160 6.3 Sec. 7. [152.42] PSYCHEDELIC MEDICINE BOARD.​
161161 6.4 Subdivision 1.Establishment.The Psychedelic Medicine Board is established to ensure​
162162 6.5the safe and appropriate use of psilocybin in the state by individuals 21 years of age or older.​
163163 6.6 Subd. 2.Membership.Membership of the board shall consist of:​
164164 6.7 (1) ... members appointed by the governor who have knowledge and expertise regarding​
165165 6.8the use of psilocybin or other psychedelic medicines or regarding integration resources​
166166 6.9associated with the use of psilocybin;​
167167 6.10 (2) ... public members appointed by the governor;​
168168 6.11 (3) one member representing Tribal Nations in the state, appointed by the Indian Affairs​
169169 6.12Council;​
170170 6.13 (4) the commissioner of health or a designee; and​
171171 6.14 (5) the commissioner of public safety or a designee.​
172172 6.15 Subd. 3.Duties of the board.The board must:​
173173 6.16 (1) adopt rules to implement sections 152.40 to 152.44, including rules to establish a​
174174 6.17possession limit for psilocybin;​
175175 6.18 (2) evaluate requirements for the personal use of psilocybin under sections 152.40 to​
176176 6.19152.44 and recommend laws and policies to ensure the safe and appropriate use of psilocybin​
177177 6.20in the state;​
178178 6.21 (3) award grants according to section 152.44, subdivision 3; and​
179179 6.22 (4) perform other duties as determined by the board.​
180180 6.23 Subd. 4.Chairperson.The governor must designate one of the members appointed​
181181 6.24under subdivision 2, clause (1), as chairperson of the board.​
182182 6.25 Subd. 5.Terms; compensation; removals; vacancies.(a) Except as provided in​
183183 6.26paragraph (b), terms, compensation, removals of members, and vacancies regarding members​
184184 6.27appointed under subdivision 2, clauses (1) to (3), are governed by section 15.0575. Initial​
185185 6.28members under subdivision 2, clauses (1) to (3), must be appointed by November 1, 2025.​
186186 6.29 (b) The terms for initial board members shall be as follows and shall be determined by​
187187 6.30lot by the secretary of state:​
188188 6​Sec. 7.​
189189 REVISOR KLL/NS 25-04757​03/17/25 ​ 7.1 (1) ... members appointed under subdivision 2, clause (1), and ... members appointed​
190190 7.2under subdivision 2, clause (2), shall serve two-year terms;​
191191 7.3 (2) ... members appointed under subdivision 2, clause (1), and ... members appointed​
192192 7.4under subdivision 2, clause (2), shall serve three-year terms; and​
193193 7.5 (3) ... members appointed under subdivision 2, clause (1), ... members appointed under​
194194 7.6subdivision 2, clause (2), and the member appointed under subdivision 2, clause (3), shall​
195195 7.7serve four-year terms.​
196196 7.8 Subd. 6.Meetings.The board must meet at least four times per year or at the call of the​
197197 7.9chairperson. The initial meeting of the board must occur by December 1, 2025, and must​
198198 7.10be called by the member designated by the governor as chairperson.​
199199 7.11 Subd. 7.Administrative and staff support.The commissioner of health must provide​
200200 7.12the board with administrative services and meeting space necessary for the board to perform​
201201 7.13its duties. The board must contract with the commissioner of health for staff needed for​
202202 7.14board activities, and staff support must be based on an annual budget and work program​
203203 7.15developed by the board and certified to the commissioner by the chairperson of the board.​
204204 7.16 Sec. 8. [152.43] PROTECTIONS FOR USERS OF PSILOCYBIN.​
205205 7.17 Subdivision 1.Employment.An employer must not discriminate against an individual​
206206 7.18in hiring, termination, or any term or condition of employment, or otherwise penalize an​
207207 7.19individual based on the individual's lawful cultivation, possession, transportation, or use of​
208208 7.20psilocybin under section 152.41, unless:​
209209 7.21 (1) the employer's failure to act would violate federal law or regulations or would cause​
210210 7.22the employer to lose a monetary or licensing-related benefit under federal law or regulations;​
211211 7.23or​
212212 7.24 (2) the individual's use of psilocybin directly impacts the individual's job performance​
213213 7.25or safety requirements of the individual's job position.​
214214 7.26 Subd. 2.Housing.No landlord may refuse to lease to an individual or evict an individual​
215215 7.27solely for the individual's lawful cultivation, possession, or use of psilocybin under section​
216216 7.28152.41, unless the landlord's failure to do so would violate federal law or regulations or​
217217 7.29would cause the landlord to lose a monetary or licensing-related benefit under federal law​
218218 7.30or regulations.​
219219 7.31 Subd. 3.Custody; visitation; parenting time.An individual must not be denied custody​
220220 7.32of a minor child or visitation rights or parenting time with a minor child based solely on the​
221221 7​Sec. 8.​
222222 REVISOR KLL/NS 25-04757​03/17/25 ​ 8.1individual's lawful cultivation, possession, transportation, or use of psilocybin under section​
223223 8.2152.41, unless the individual's behavior creates an unreasonable danger to the safety of the​
224224 8.3minor as demonstrated by clear and convincing evidence.​
225225 8.4 Subd. 4.Action for damages.In addition to any other remedy provided by law, an​
226226 8.5individual who is injured by a violation of subdivision 1, 2, or 3 may bring an action for​
227227 8.6damages against a person who violates subdivision 1, 2, or 3. A person who violates​
228228 8.7subdivision 1, 2, or 3 is liable to the individual injured by the violation for the greater of​
229229 8.8the individual's actual damages or a civil penalty of $100, plus reasonable attorney fees.​
230230 8.9 Sec. 9. [152.44] PUBLIC EDUCATION AND HARM REDUCTION.​
231231 8.10 Subdivision 1.Public education program.The commissioner of health must develop​
232232 8.11and implement a public education program that makes information available to the public​
233233 8.12on the responsible use of psilocybin, potential risks of using psilocybin, harm reduction​
234234 8.13strategies related to psilocybin use, and mental health resources related to psilocybin use.​
235235 8.14 Subd. 2.Training programs for first responders.The commissioner of health must​
236236 8.15develop and offer training programs for emergency medical responders, ambulance service​
237237 8.16personnel, peace officers, and other first responders on best practices for handling situations​
238238 8.17involving the use of psilocybin. The training programs must be developed and offered in​
239239 8.18coordination with the Office of Emergency Medical Services, the Peace Officer Standards​
240240 8.19and Training Board, the Minnesota State Patrol, and local law enforcement agencies.​
241241 8.20 Subd. 3.Community outreach grant program.The board must award grants to​
242242 8.21community-based organizations to fund education on safe practices for the use of psilocybin​
243243 8.22and integration resources for individuals using psilocybin. An entity seeking a grant under​
244244 8.23this subdivision must apply to the board in a form and manner specified by the board. Entities​
245245 8.24eligible for a grant under this subdivision include organizations with experience working​
246246 8.25with individuals using psilocybin or providing integration resources to individuals using​
247247 8.26psilocybin. Grant recipients must report grant program outcomes to the board in a form and​
248248 8.27manner specified by the board.​
249249 8.28 Sec. 10. APPROPRIATIONS.​
250250 8.29 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​
251251 8.30general fund to the commissioner of health for public education and harm reduction initiatives​
252252 8.31related to the use of psilocybin. Of these appropriations:​
253253 8​Sec. 10.​
254254 REVISOR KLL/NS 25-04757​03/17/25 ​ 9.1 (1) $....... in fiscal year 2026 and $....... in fiscal year 2027 are for the public education​
255255 9.2program in Minnesota Statutes, section 152.44, subdivision 1; and​
256256 9.3 (2) $....... in fiscal year 2026 and $....... in fiscal year 2027 are to develop and offer​
257257 9.4trainings to first responders under Minnesota Statutes, section 152.44, subdivision 2.​
258258 9.5 (b) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​
259259 9.6general fund to the Psychedelic Medicine Board for purposes of Minnesota Statutes, sections​
260260 9.7152.40 to 152.44. Of these appropriations, $....... in fiscal year 2026 and $....... in fiscal year​
261261 9.82027 are for the community outreach grant program under Minnesota Statutes, section​
262262 9.9152.44, subdivision 3.​
263263 9​Sec. 10.​
264264 REVISOR KLL/NS 25-04757​03/17/25 ​