This bill, sHB6734, seeks to decriminalize the possession of small amounts of psilocybin, the chemical compound found in certain hallucinogenic mushrooms. Currently, possession of any amount of psilocybin is a crime with penalties including possible prison time. This bill would reduce the penalty for possessing less than half an ounce of psilocybin to a $150 fine for a first offense and a $200 to $500 fine for subsequent offenses. The bill also requires individuals fined for possession to follow the procedures set by law for infractions and allows them to pay the fine by mail without appearing in court. The bill also requires law enforcement officers to seize and destroy the psilocybin as contraband. Additionally, the bill includes provisions for drug education programs for repeat offenders and prohibits minors from being adjudicated delinquent for a first or second offense of possessing less than half an ounce of psilocybin. The bill also imposes a 60-day suspension of the driver's license for anyone under age 21 convicted of a violation under the bill. Lastly, the bill eliminates criminal penalties for actions involving drug paraphernalia related to less than half an ounce of psilocybin and specifically includes psilocybin as a hallucinogenic substance under the state's controlled substances law. The effective date of the bill is October 1, 2023.

Statutes affected:
Raised Bill: 14-111e
JUD Joint Favorable Substitute: 14-111e
File No. 616: 14-111e