BILL NUMBER: S5303
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the public health law, in relation to promoting the
health and well-being of the citizens of the state of New York by estab-
lishing a comprehensive framework supporting public health and safety
through regulated adult use, support services, and cultivation of psilo-
cybin-containing fungi, and providing for the taxation of psilocybin
regulated activities
 
SUMMARY OF PROVISIONS:
The bill would create a new Title V-B in Article 33 of the Public Health
Law entitled "Regulated Health Access and Support Services for Psilocy-
bin," a comprehensive regulatory structure governing every aspect of the
adult use of psilocybin in connection with a public health framework.
Section 3369-aa establishes definitions for the purpose of this bill.
Section 3369-bb establishes authority for the Department of Health to
manage and promulgate rules to regulate a public health framework for
the adult use of psilocybin with a Department issued permit. Section
3369-bb establishes a reporting system for permit holders to optionally
identify health and experience data and allege violations or concerns
about support services providers. Section 3369-bb requires the Depart-
ment to report to the governor and the legislature on the regulated
adult use of psilocybin.
Section 3369-cc establishes the authority of a psilocybin permit for
lawful use and cultivation of psilocybin in connection with a public
health framework. Section 3369-cc establishes procedures and require-
ments for a person to engage in a health screening and educational
permit course as a prerequisite to a psilocybin permit. This section
further requires that permit holders update the health screening form
periodically and complete a permit renewal course every four years.
Section 3369-dd authorizes the Department to issue a certification to
support services providers to any person that completes a risk reduction
support services training course and participates in biennial continued
education courses provided by the Department.
Section 3369-dd requires that support services providers review a health
screening of any permit holder prior to provision of services and that a
permit holder confirms details in the health screening form. Section
3369-dd establishes that support services providers shall be subject to
ethical conduct standards and accountability for provision of services
with the reporting system established by the Department. This section
further requires the department of health to allocate a portion of the
proceeds and tax revenue generated with programs of this title to subsi-
dize compensation for support services. And the department shall estab-
lish in one year of the commencement of the psilocybin permit program a
program for licensed healthcare professionals to receive funds for
licensed psychedelic assisted therapy services.
Section 3369-ee authorizes the Department to issue, regulate, and record
licenses to persons or business entities to cultivate and sell psilocy-
bin-containing fungi to psilocybin permit holders within an intrastate
system. Section 3369-d establishes requirements for licensed cultivators
to cultivate, test for potency, make disclosures, and securely store
psilocybin-containing fungi.
Section 3369-ff provides the relation of this bill to other laws,
including the removal of terms applicable to lawful use of psilocybin in
the schedule of controlled substances under the public health law, the
exclusion of psilocybin-containing fungi from the definition of food
under the agriculture and markets law, the distinction of psilocybin
from drugs as provided in a pharmacy under the education law, and mini-
mizes criminal penalties for unauthorized use of psilocybin under the
penal law.
Section 3369-gg establishes certain protections for psilocybin permit
holders, licensed cultivators, and certified support services providers
to eliminate penalties or disqualifications in connection with author-
ized adult use and other activities under this title, while authorizing
law enforcement to prohibit dangerous conduct, including intoxication in
public or while operating a vehicle. This section further establishes
protections for licensed professionals to allow for unlawful adult use
of psilocybin or providing professional services to any permit holder.
Section 3369-gg protects data received from permit holders about adult
use of psilocybin and any registry established pursuant to this bill.
Section 3369-hh establishes the Regulated Psilocybin Advisory Board
within the Department to issue recommendations on the lawful use of
psilocybin. Section 3369-hh establishes the criteria on the appointment
of. 13 voting members of the Regulated Psilocybin Advisory Board, with
each voting member serving four-year terms. This section further estab-
lishes additional duties of the Regulated Psilocybin -Advisory Board.
Section 3369-ii establishes that the Department shall issue regulations
to impose a tax on lawful use of psilocybin. Any fees or proceeds
collected would be used to support the administration cost of the
program under this bill, including but not limited to public education.
 
JUSTIFICATION:
The people of New York need a strong public health framework to support
communities and tackle the challenges of maintaining healthy lifestyles
while addressing the impact of mental and physical health conditions
such as PTSD, depression, anxiety, cluster headaches, chronic pain, and
substance use and behavioral disorders. The daily stresses and chal-
lenges faced by healthy individuals, along with the compounded difficul-
ties of those with health conditions, are impacting a substantial
portion of the population, underscoring the urgent need for comprehen-
sive whole-health support.
General failures in systems promoting health, safety, and support have
disrupted the well-being and livelihoods of many. These failures have
deteriorated the physical, mental, and spiritual health of New Yorkers,
resulting in disconnection, the inability to engage fully in profes-
sional and social opportunities, substance use and behavioral disorders,
chronic pain, and increased rates of suicide. Moreover, these harms
disproportionately impact persons with past traumatic experiences, such
as military veterans, first responders, and victims of abuse, as well as
their families and communities. With studies demonstrating positive
outcomes with psilocybin for both healthy people and people with certain
health conditions, including FDA designation of psilocybin as a break-
through therapy, it is imperative to establish regulated access to
psilocybin in connection with a public health framework to empower
certain populations to make informed, safer, and legal decisions. A
framework focused on access, which allows for persons to acquire a
permit for adult use of psilocybin, will provide greater opportunities
to improve quality of life, address personal growth and spiritual devel-
opment, and attend to the impact of trauma, grief, and health condition
distress and recovery.
While a public health framework supporting adult use of psilocybin would
not directly provide medical or therapeutic treatment with psilocybin
for any particular health condition, there is evidence of increased
health and safety where licensed professionals engage in aspects of
support through professional services to a person considering or engag-
ing in adult use of psilocybin. Optional support services by trained and
certified support services providers who offer a risk reduction approach
will increase the safety of psilocybin permit holders. A continuity of
care model with licensed professionals in collaboration with, certified
support services providers creates a crucial system of support.
The framework provided in this bill would ensure that the large number
of people that may benefit from adult use of psilocybin are educated
sufficiently to make informed decisions, attain access to clearly
labeled and well-sourced psilocybin-containing fungi, and ensure the
training and strength of support services with accountability systems in
place. These empowered permit holders, as well as cultivators, support
services providers, and licensed professionals, may participate in a
system without fear of prosecution, stigma from prohibition, or risk to
their professions or custody of their children as a result of efforts to
improve the quality of life for themselves and others.
By ensuring that the state fosters substantial public education on
psilocybin benefits and risks based on available medical information and
establishing specific criteria for use, sale, and distribution of psilo-
cybin, existing psilocybin use and services can be normalized and legal-
ized to allow for safer access, professional legitimacy, elimination of
criminal penalties, and taxation for the benefit of the state and its
citizens.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
Unknown
 
EFFECTIVE DATE:
This bill would take effect immediately