Minnesota’s new bill creates a state-regulated Therapeutic Psilocybin Program.

Minnesota’s state legislator has introduced a law that will allow adults to legally access psilocybin to treat medical conditions. The bill comes days after another Minnesota lawmaker filed a similar measure to legalize psilocybin possession and use by themselves.

The new proposal—HF 2906, from Rep. Andy Smith (DFL) and four cosponsors—would allow adults 21 and older to access psilocybin in supervised administration sessions with a state-registered facilitator. They would first need to be diagnosed with a qualifying medical condition—to be determined by state officials—and undergo a screening for certain risk factors.

To the contrary of therapeutic psilocybin program in Oregon and Colorado however, patients registered could also cultivate psychoedelic mushroom as well as give them to another registered patient. It is possible to designate cultivators who will grow the psilocybin in their name.

This bill states: “The purpose is to create a legal framework that regulates the use of therapeutic psilocybin for individuals 21 or older who have been medically diagnosed and also meet all other eligibility requirements.” The bill states that “This Act draws upon the lessons and successes of Minnesota’s Medical Cannabis Program and stresses compassionate access, harm-reduction, and patient security.”

Although psilocybin would have to be used under supervision by a facilitator in order to take part, this could happen at home including the backyard or other private property, as long as the owner does not prohibit it.

Facilitators could—but would not need to—require patients to participate in a preparation session before psilocybin administration as well as an integration session afterward. Facilitators could charge “a reasonable amount” for their service.

The state health commissioner would determine the qualifying conditions as well as some of the key elements of the therapeutic plan. In addition, the state health commissioner would be responsible for setting up qualifications for facilitators. He or she will also set rules regarding designated cultivators as well as the maximum number patients that they may produce for.

The state Psychedelic Medicine Advisory Committee would make recommendations about the running of the program to the regulators. The committee would consist of an unspecified amount of people “with expertise or knowledge regarding therapeutic use of Psilocybin or other psychedelic drugs or integration resources related to the use of Psilocybin”, as well as one member who represents Tribal Nations within the state.

Before applying, adult applicants would be required to undergo a screening for any conditions considered risky, including cardiovascular disease or mental disorders such as psychosis and bipolar disorder. Before proceeding, individuals with these conditions would require further evaluation. They could only apply to the program if the providers felt that their condition did not prevent them from using the psilocybin.

For home cultivation to be allowed, it must take place in a space smaller than 12 x 12 feet and “enclosed” (locked) that’s not open to the public.

This legislation contains another section that authorizes the State to charge a fee for patients, however the exact amount of this fee is blank in the original bill.

The measure would also require regulators to develop and implement a public awareness campaign on the use of psilocybin responsibly, including its dangers, harm-reduction strategies, and mental health resources. The regulators would be also required to develop and provide training for first responders on “best practices for dealing with situations involving psilocybin”. Use of Psilocybin.

Smith introduced a bill for psilocybin therapy just a few days before. This measure would have legalized non-commercial use and possession of psilocybin, and removed civil and criminal penalties. This bill establishes a Psychedelic Medicine Board for the purpose of setting possession limits.

The reform, which is HF 2699 says, is intended to reduce the burden of the criminal justice system and promote harm reduction. It also allows individuals to take personal decisions about the use of Psilocybin, without being afraid of prosecution.

Both measures were largely informed by the findings and recommendations of a task force that was established under a separate bill that Gov. Tim Walz, a Democrat from Minnesota, signed the law into effect in 2024.

Smith, in an interview with MEDCAN24, said that he believes both bills will have a “good chance” at the legislative level. However, he predicts that lawmakers would be more willing to amend the bill for personal use than the one establishing a system of therapeutic psilocybin, since the latter requires “a lot more funding” and administrative support.

The sponsor stated, “I believe both bills have good chances.” “But, I do think the bill decriminalization will have a greater chance.”

In general, said he, the colleagues had been very open in discussing the reforms.

“I do find in these conversations around psychedelic medicine that…people are just much more willing to hear it,” Smith said. “I think that is partly because all of our communities were affected by mental illness of any kind, and as a collective we are aware that we must do more for those people and their family members.”

—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts as well as our hearing calendar.

Find out more about our marijuana law tracker. To gain access, become a Patreon supporter.
—

Given other legislative priorities, however, such as passing the budget—as well as political complications with Democrats and Republicans now evenly split in the legislature this session—Smith told MEDCAN24 that he doesn’t anticipate the proposals will begin moving through the committee process until next year. He also noted that it’s possible that legislators could have informal hearings earlier than the official calendar, with stakeholders.

When asked about the prospects of bills being passed in this current political climate, Mr. Ayers said that it was “hard to gauge at the moment” but felt there is a “large runway” for reforms to be advanced in the next two years.

With respect to the psychedelics task force Smith that sat on that advised the legislature earlier this year, 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.

Three of the suggestions the group examined received the necessary support from two thirds of its members in order to become recommendations.

These recommendations have been approved:

• 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.
• Increase funding to support research into health benefits associated with MDMA, LSD and psilocybin.

The omnibus legislation that established 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.

Additionally this month, a legislative committee in the state given approval to a plan that would expand eligibility for expungement of marijuana-related criminal records and resentencing.

Kyle Jaeger has contributed to the reporting of this article.

Police Drug Enforcement Operations Increase Risk Of Overdose Deaths, American Medical Association-Published Study Finds