SPONSOR: Overcast
For the purposes of administering alternative therapies, this bill establishes what constitutes a "bona fide prescriber-patient relationship" and provides that under this bill, any person who acquires, uses, produces, possesses, transfers, or administers psilocybin for the person's own therapeutic use will not be subject to state or local criminal or civil penalties if the person:
(1) Is 21 years of age or older;
(2) Suffers from a condition listed in the bill;
(3) Informs the Department of Mental Health that such person plans to acquire, use, produce, possess, transfer, or administer psilocybin under this bill;
(4) Provides the Department with specified documentation and information;
(5) Ensures the psilocybin is tested in a licensed laboratory; and
(6) Limits the use of psilocybin to no more than 150 milligrams of psilocybin analyte during any 12-month period.
A person who is 21 years of age or older and who assists another in any of the acts permitted under this bill, as well as any laboratory testing psilocybin under this bill, will not be subject to state or local criminal or civil penalties.
Additionally, this bill modifies current law on the use of investigational drugs and devices for individuals with terminal illnesses to include individuals with life-threatening or severely debilitating conditions or illnesses. Currently, investigational drugs must not include Schedule I controlled substances. This bill repeals that prohibition.
The bill also requires a manufacturer of any investigational drug, biological product, or device to register with the Department of Health and Senior Services and provides that before November 1, 2026, the Department must create a registry of these manufacturers. This bill is similar to HB 951 (2025) and SB 90 (2025).
Statutes affected: