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| 5 | 5 | | 2025 -- H 5186 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000325 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCE S ACT |
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| 16 | 16 | | Introduced By: Representatives Potter, McNamara, Batista, Craven, Donovan, |
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| 17 | 17 | | Speakman, Spears, Slater, Bennett, and Cruz |
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| 18 | 18 | | Date Introduced: January 24, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances 1 |
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| 24 | 24 | | Act" is hereby amended by adding thereto the following section: 2 |
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| 25 | 25 | | 21-28-2.11. Exemption of psilocybin. 3 |
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| 26 | 26 | | (a) Nothing in this chapter shall apply to any compound, mixture, or preparation containing 4 |
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| 27 | 27 | | less than one ounce (1 oz.) of psilocybin provided the following conditions have been met: 5 |
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| 28 | 28 | | (1) Psilocybin is in possession of one person or shared by one person to another; or 6 |
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| 29 | 29 | | (2) Psilocybin has been securely cultivated within a person’s residence for personal use. 7 |
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| 30 | 30 | | (b) Contingent upon the United States Federal Drug Administration’s (FDA’s) 8 |
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| 31 | 31 | | rescheduling of psilocybin the Rhode Island department of health shall establish rules and 9 |
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| 32 | 32 | | regulations pertaining to cultivation, distribution and medical prescription. 10 |
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| 33 | 33 | | (c) Contingent upon the United States Federal Drug Administration’s (FDA’s) expansion 11 |
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| 34 | 34 | | of its access program, patients with a serious or life-threatening mental or behavioral health 12 |
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| 35 | 35 | | disorder, who are without access to effective mental or behavioral health medication, may have 13 |
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| 36 | 36 | | access to psilocybin at locations in Rhode Island approved by the Rhode Island department of 14 |
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| 37 | 37 | | health. 15 |
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| 38 | 38 | | (d) The provisions of this section shall sunset on July 1, 2027, and prior to this sunset, the 16 |
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| 39 | 39 | | attorney general shall provide a report to the speaker of the house and president of the senate 17 |
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| 40 | 40 | | relating to the number of violations issued for possession, cultivation, or distribution of psilocybin, 18 |
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| 41 | 41 | | and the director of the department of health shall provide a report to the speaker of the house and 19 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC000325 - Page 2 of 3 |
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| 45 | 45 | | president of the senate relating to the U.S. Food and Drug Administration's (FDA’s) scheduling of 1 |
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| 46 | 46 | | psilocybin and permitted use for the treatment of mental or behavioral health disorders. 2 |
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| 47 | 47 | | SECTION 2. This act shall take effect on July 1, 2025, and shall sunset on July 1, 2027. 3 |
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| 48 | 48 | | ======== |
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| 49 | 49 | | LC000325 |
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| 50 | 50 | | ======== |
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| 51 | 51 | | |
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| 52 | 52 | | |
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| 53 | 53 | | LC000325 - Page 3 of 3 |
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| 54 | 54 | | EXPLANATION |
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| 55 | 55 | | BY THE LEGISLATIVE COUNCIL |
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| 56 | 56 | | OF |
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| 57 | 57 | | A N A C T |
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| 58 | 58 | | RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT |
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| 59 | 59 | | *** |
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| 60 | 60 | | This act would amend the current law on controlled substances to permit psilocybin to be 1 |
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| 61 | 61 | | securely cultivated within a person’s residence for personal use. The act would also, contingent on 2 |
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| 62 | 62 | | the US FDA’s rescheduling and expanding its access program, mandate that the RI department of 3 |
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| 63 | 63 | | health establish rules and regulations on the cultivation, distribution and medical prescription of 4 |
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| 64 | 64 | | psilocybin. 5 |
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| 65 | 65 | | This act would take effect on July 1, 2025, and would sunset on July 1, 2027. 6 |
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| 66 | 66 | | ======== |
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| 67 | 67 | | LC000325 |
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