Minnesota legislators have introduced legislation that will legalize non-commercial cultivation and possession of psilocybin for adults over 21.
Rep. Andy Smith filed the legislation with seven initial cosponsors on Monday. The legislation was heavily influenced by findings and recommendations from a taskforce that had been established as part of another bill signed into law by Governor Tim Walz. Tim Walz, a Democrat from Minnesota, signed the bill into law 2024.
“I’ve had a couple folks ask me this: ‘We’re in a tight moment. The inflation rate is on the rise. Why are you working to solve this problem? Smith, a member of the Task Force and the creator of the organization’s prior legislation, gave MEDCAN24 a phone call on Tuesday. “And it goes back to, all of us recognize, know someone or struggle ourselves with mental health—and that has been apparent for a while.”
Smith stated, “I believe the pandemic has highlighted just how far we still have to travel as a community and in how we handle very complex issues. These medications, according to studies, have a great deal of potential in helping us in this regard.” “I think that’s why it’s important—and it’s important to move on these quickly and responsibly.”
According to the legislator’s proposal the state law will be revised so that adults won’t face criminal or civil sanctions for “personal use, possession, transport, and cultivation”.
In the section on purpose, it is stated that this reform will “reduce burdens for the criminal justice system and promote harm-reduction, while allowing individuals to freely make their own decisions in regards to psilocybin use without fear of prosecution”.
Under the bill, a Psychedelic medicine Board will be created to determine possession limits. Smith said that requirement—as well as components that may prove more controversial in an especially divided legislature such as decriminalizing cultivation—will likely be up for debate as the measure moves through the process.
A board of directors would consist of “public” members, members who are appointed by governors and members with expertise in the area of use of psychoactive drugs or psilocybin. The Indian Affairs Council will also appoint a member to represent Tribal Nations of the state.
In addition, the legislation provides certain protections regarding employment and housing for adults who are using psilocybin as per law.
In addition, the proposal asks the health commissioner “to develop and implement a programme of education to make information about psilocybin’s responsible use and potential dangers, as well as harm reduction strategies and mental health resources that are related to its use.”
According to the law, the health official must also “develop and provide training programs for first responders such as emergency medical personnel, ambulance staff, police officers and peace officers on the best practices in handling situations that involve the use of Psilocybin.”
Lastly, it would also award grants to organizations in the community to educate them on safe practices when using psilocybin. It will also provide integration resources for those who use psilocybin.
The document states: “Entities that are eligible to receive a grant in this section include those organizations which have worked with individuals who use psilocybin and/or provide resources for integration of individuals who use psilocybin.” The board requires grant recipients to submit a report on the program’s outcomes in the format and manner prescribed by it.
Smith said that, given other legislative priorities such as passing the budget—as well as political complications with Democrats and Republicans now evenly split in the legislature this session—he doesn’t anticipate that the proposal will start moving through the proper committee process until next year. He said that informal meetings with interested parties could be held outside the official calendar.
The sponsor was asked about the prospects of the bill being passed in this current political climate. He said that it is “hard to gauge at the moment,” but felt there was a “large runway” to move forward with the reform. In addition, he plans to present a measure soon to create a framework to regulate state-legal access to psilocybin for medical use.
In the case of Smith’s psychedelic task force, which advised the Legislature earlier in the year, the three proposals it considered received the necessary support from two thirds of its members.
The roughly two-dozen-person panel includes lawmakers and agency representatives as well as a host of others appointed by the governor with experience in health policy, mental health, substance use disorders, veterans health and psychedelic medicine.
The following recommendations were approved by the committee:
- Create a state-regulated clinical program for the therapeutic administration of psilocybin-containing mushrooms.
- Remove criminal penalties for the personal use and possession of psilocybin-containing mushrooms.
- More funding should be allocated to research on the benefits of MDMA psilocybin and LSD.
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The omnibus legislation that was signed by the Governor to create the Psychedelic Medicine Task Force included provisions for safe drug consumption areas.
A separate Minnesota law also took effect last year that legalized drug paraphernalia possession, syringe services, controlled substances residue and testing.
In addition, this month a state legislative committee approved an expansion of the eligible for expungement or resentencing marijuana-related criminal record.
New Hampshire Senate Committee takes up several cannabis bills that were passed by the House
Kristie Gianpulos is the photographer.
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