The proposed General Assembly Raised Bill No. 7065 seeks to decriminalize the possession of small amounts of psilocybin, a hallucinogenic substance, by modifying existing laws. The bill introduces new legal language that adds psilocybin to the definition of hallucinogenic substances and establishes a fine structure for possession, imposing a $150 fine for a first offense and fines ranging from $200 to $500 for subsequent offenses. Additionally, it amends the definition of controlled substances to exclude cannabis and psilocybin in amounts less than one-half ounce, thereby reducing penalties associated with their possession. Law enforcement is mandated to seize and destroy any psilocybin found in violation of this law, and the changes are set to take effect on October 1, 2025.

Furthermore, the bill outlines that individuals alleged to have committed violations under a comprehensive list of sections will be subject to the new provisions, emphasizing the importance of addressing these violations while potentially streamlining enforcement processes. It clarifies that in trials for violations related to psilocybin possession, the burden of proof will be by the preponderance of the evidence, differing from standard criminal proceedings. The bill also specifies that children under sixteen cannot be adjudicated as delinquent for first or second offenses related to psilocybin possession, aligning with its goal of reducing penalties for minor drug offenses. Overall, the bill aims to align state law with evolving perspectives on psilocybin and its potential therapeutic uses while enhancing existing regulations.

Statutes affected:
Raised Bill: 14-111e