New Hampshire Senate committee has advanced the House passed bill decriminalizing adult use and possession psilocybin.
On Tuesday, the Senate Judiciary Committee approved the measure sponsored by Rep. Kevin Verville. The measure had previously been approved by the House of Representatives.
Members of the Senate committee attached an amendement to the bill before it was approved. The amendment would have imposed mandatory minimum sentences on certain offenses involving fentanyl and distribution of drugs resulting in death.
Sen. Tara Reardon, (D), asked her colleagues whether the House’s preferred move of reducing psilocybin penalty was to be exchanged for “enhanced penalties” against fentanyl contained in another bill which passed the Senate back in January. This separate bill has been pending in the House Judiciary Committee since then.
Bill Gannon, Chairman (R), replied: “Yes, you could say so.”
According to the psychedelic focused provisions of HB 528, a first psilocybin offence would be a violator, and subjected to a fine no greater than $100.
The second and third offenses would fall under class B misdemeanors. They could be punished with fines up to $1,000 and $500 respectively. However, there is no jail sentence. The fourth and subsequent offenses will remain felonies.
As the law is currently written, sales and distribution are still prohibited. The reform will only affect “anyone 18 years or older” who purchases, obtains, transports or uses the drug.
As originally introduced, the legislation would have completely removed penalties around obtaining, purchasing, transporting, possessing or using psilocybin, effectively legalizing it on a noncommercial basis. However a House committee amended the bill before unanimously advancing it in March.
Verville told MEDCAN24 previously that House passage of the psilocybin legislation was “an historical, albeit small step, on our journey towards correcting 60 years’ worth of clearly failed policies on psychedelics.”
He said: “This bipartisan and common-sense legislation will put an end to the terror that has plagued people for decades of being branded a felon because they possess mushrooms which grow in New Hampshire, North America or anywhere else on the planet.” “Our battle is still not over. We will turn our attention to the NH Senate in the hope that they agree with the House’s position, then ask the Governor to sign the bill into law.
It now moves to the Senate floor, which historically has resisted drug reforms passed by the House, such as those that legalized marijuana. The fate of this measure is still uncertain. It would be sent back to the House with the amended version if it was approved. Representatives would have to choose whether they want to accept new penalties for fentanyl.
Recent state polling indicates that New Hampshireers strongly support the legalization of marijuana. Granite State Poll from University of New Hampshire’s States of Opinion Project found 70% support for reform late last month. Majorities of Democrats as well as Republicans and Independents supported this measure.
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