Substitute House Bill No. 5297, effective October 1, 2024, seeks to decriminalize the possession of small amounts of psilocybin by redefining "hallucinogenic substances" to include psilocybin and setting fines for possession of less than one-half ounce. The bill outlines a $150 fine for a first offense and $200 to $500 for subsequent offenses, while also instructing law enforcement to seize and destroy the substance. It further amends the definition of "controlled substance" to exclude cannabis and psilocybin in amounts less than one-half ounce and modifies penalties related to drug paraphernalia, specifying that they do not apply to cannabis or small amounts of psilocybin. The bill also addresses the suspension of motor vehicle licenses for certain drug offenses and includes protections for individuals seeking medical assistance in overdose situations.

The bill introduces new sections and amends existing ones, including the burden of proof for certain violations and the definition of a "delinquent act" for juveniles. It suggests potential minimal savings for the Department of Correction and the Judicial Department due to reduced incarceration and probation costs, but also a potential minimal revenue loss from fines. The bill reduces penalties for small amounts of psilocybin possession from a class A misdemeanor to a fine, and outlines procedures for infractions and a lower burden of proof. It also prohibits minors from being adjudicated delinquent for a first or second offense and includes a 60-day driver's license suspension for those under 21 convicted of such a violation. The bill exempts drug paraphernalia actions involving small amounts of psilocybin from criminal penalties and includes psilocybin under the state's controlled substances law. The Judiciary Committee has reported favorably on the bill with a vote of 24-13.