CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5263
Chapter 364, Laws of 2023
(partial veto)
68th Legislature
2023 Regular Session
PSILOCYBIN SERVICES—TASK FORCE AND PILOT PROGRAM
EFFECTIVE DATE: July 23, 2023—Except for section 6, which takes
effect May 9, 2023.
Passed by the Senate April 14, 2023 CERTIFICATE
Yeas 40 Nays 4
I, Sarah Bannister, Secretary of
the Senate of the State of
DENNY HECK Washington, do hereby certify that
President of the Senate the attached is SECOND SUBSTITUTE
SENATE BILL 5263 as passed by the
Senate and the House of
Representatives on the dates hereon
Passed by the House April 11, 2023 set forth.
Yeas 87 Nays 10
SARAH BANNISTER
LAURIE JINKINS
Secretary
Speaker of the House of
Representatives
Approved May 9, 2023 11:06 AM with FILED
the exception of sections 1, 2, 3, 4,
5, 7, 10, 11, and 13, which are May 10, 2023
vetoed.
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SECOND SUBSTITUTE SENATE BILL 5263
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Salomon,
Rivers, Saldaña, Nobles, Lovick, Lovelett, Hunt, Hasegawa, Mullet,
Trudeau, Robinson, Pedersen, Wellman, Muzzall, C. Wilson, Kuderer,
Keiser, Liias, Van De Wege, Billig, Conway, and Frame)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to access to psilocybin services by individuals
2 21 years of age and older; adding a new chapter to Title 18 RCW;
3 creating a new section; providing an expiration date; and declaring
4 an emergency.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
6 *NEW SECTION. Sec. 1. The legislature intends to establish an
7 advisory board, interagency work group, and a task force to provide
8 advice and recommendations on developing a comprehensive regulatory
9 framework for access to regulated psilocybin for Washington residents
10 who are at least 21 years of age.
*Sec. 1 was vetoed. See message at end of chapter.
11 *NEW SECTION. Sec. 2. The legislature declares that the
12 purposes of this chapter are:
13 (1) To develop a long-term strategic plan for ensuring that
14 psilocybin services become and remain a safe, accessible, and
15 affordable option for all persons 21 years of age and older in this
16 state for whom psilocybin may be appropriate or as part of their
17 indigenous religious or cultural practices;
18 (2) To protect the safety, welfare, health, and peace of the
19 people of this state by prioritizing this state's limited law
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 1 enforcement resources in the most effective, consistent, and rational
2 way;
3 (3) To develop a comprehensive regulatory framework concerning
4 psilocybin products and psilocybin services under state law;
5 (4) To prevent the distribution of psilocybin products to other
6 persons who are not permitted to possess psilocybin products under
7 this chapter including but not limited to persons under 21 years of
8 age; and
9 (5) To prevent the diversion of psilocybin products from this
10 state to other states.
*Sec. 2 was vetoed. See message at end of chapter.
11 *NEW SECTION. Sec. 3. This chapter may be known and cited as
12 the Washington psilocybin services act.
*Sec. 3 was vetoed. See message at end of chapter.
13 *NEW SECTION. Sec. 4. (1) The Washington psilocybin advisory
14 board is established within the department of health to provide
15 advice and recommendations to the department of health, the liquor
16 and cannabis board, and the department of agriculture. The Washington
17 psilocybin advisory board shall consist of:
18 (a) Members appointed by the governor as specified in subsection
19 (2) of this section;
20 (b) The secretary of the department of health or the secretary's
21 designee;
22 (c) The state health officer or a physician acting as the state
23 health officer's designee;
24 (d) A representative from the department of health who is
25 familiar with public health programs and public health activities in
26 this state; and
27 (e) A designee of the public health advisory board.
28 (2) The governor shall appoint the following individuals to the
29 Washington psilocybin advisory board:
30 (a) Any four of the following:
31 (i) A state employee who has technical expertise in the field of
32 public health;
33 (ii) A local health officer;
34 (iii) An individual who is a member of, or who represents, a
35 federally recognized Indian tribe in this state;
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 1 (iv) An individual who is a member of, or who represents, a body
2 that provides policy advice relating to substance use disorder
3 policy;
4 (v) An individual who is a member of, or who represents, a body
5 that provides policy advice relating to health equity;
6 (vi) An individual who is a member of, or who represents, a body
7 that provides policy advice related to palliative care and quality of
8 life; or
9 (vii) An individual who represents individuals who provide public
10 health services directly to the public;
11 (b) A military veteran, or representative of an organization that
12 advocates on behalf of military veterans, with knowledge of
13 psilocybin;
14 (c) A social worker, mental health counselor, or marriage and
15 family therapist licensed under chapter 18.225 RCW;
16 (d) A person who has knowledge regarding the indigenous or
17 religious use of psilocybin;
18 (e) A psychologist licensed under chapter 18.83 RCW who has
19 professional experience engaging in the diagnosis or treatment of a
20 mental, emotional, or behavioral condition;
21 (f) A physician licensed under chapter 18.71 RCW;
22 (g) A naturopath licensed under chapter 18.36A RCW;
23 (h) An expert in the field of public health who has a background
24 in academia;
25 (i) Any three of the following:
26 (i) A person who has professional experience conducting
27 scientific research regarding the use of psychedelic compounds in
28 clinical therapy;
29 (ii) A person who has experience in the field of mycology;
30 (iii) A person who has experience in the field of ethnobotany;
31 (iv) A person who has experience in the field of
32 psychopharmacology; or
33 (v) A person who has experience in the field of harm reduction;
34 (j) A person designated by the liquor and cannabis board who has
35 experience working with the cannabis central reporting system
36 developed for tracking the transfer of cannabis items;
37 (k) The attorney general or the attorney general's designee; and
38 (l) One, two, or three at large members.
39 (3)(a) Members of the Washington psilocybin advisory board shall
40 serve for a term of four years, but at the pleasure of the governor.
p. 3 2SSB 5263.SL
 1 Before the expiration of the term of a member, the governor shall
2 appoint a successor whose term begins on January 1st of the following
3 year. A member is eligible for reappointment. If there is a vacancy
4 for any cause, the governor shall make an appointment to become
5 immediately effective for the unexpired term.
6 (b) Members of the board described in subsection (1)(b) through
7 (e) of this section are nonvoting ex officio members of the board.
8 (4) A majority of the voting members of the board constitutes a
9 quorum. Official adoption of advice or recommendations by the
10 Washington psilocybin advisory board requires the approval of a
11 majority of the voting members of the board.
12 (5) The board shall elect one of its voting members to serve as
13 chair.
14 (6) Until July 1, 2024, the Washington psilocybin advisory board
15 shall meet at least five times a calendar year at a time and place
16 determined by the chair or a majority of the voting members of the
17 board. After July 1, 2024, the board shall meet at least once every
18 calendar quarter at a time and place determined by the chair or a
19 majority of the voting members of the board. The board may meet at
20 other times and places specified by the call of the chair or of a
21 majority of the voting members of the board.
22 (7) The Washington psilocybin advisory board may adopt rules
23 necessary for the operation of the board.
24 (8) The Washington psilocybin advisory board may establish
25 committees and subcommittees necessary for the operation of the
26 board.
27 (9) The members of the Washington psilocybin advisory board may
28 receive reimbursement or an allowance for expenses within amounts
29 appropriated for that specific purpose consistent with RCW 43.03.220.
*Sec. 4 was vetoed. See message at end of chapter.
30 *NEW SECTION. Sec. 5. (1) An interagency psilocybin work group
31 of the department of health, the liquor and cannabis board, and the
32 department of agriculture is created to provide advice and
33 recommendations to the advisory board on the following:
34 (a) Developing a comprehensive regulatory framework for a
35 regulated psilocybin system, including a process to ensure clean and
36 pesticide free psilocybin products;
37 (b) Reviewing indigenous practices with psilocybin, clinical
38 psilocybin trials, and findings;
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 1 (c) Reviewing research of medical evidence developed on the
2 possible use and misuse of psilocybin therapy; and
3 (d) Ensuring that a social opportunity program is included within
4 any licensing program created under this chapter to remedy the
5 targeted enforcement of drug-related laws on overburdened
6 communities.
7 (2) The findings of the psilocybin task force in section 6 of
8 this act must be submitted to the interagency work group created in
9 this section and to the psilocybin advisory board.
10 (3) The interagency psilocybin work group must submit regular
11 updates to the psilocybin advisory board.
*Sec. 5 was vetoed. See message at end of chapter.
12 NEW SECTION. Sec. 6. (1) The health care authority must
13 establish a psilocybin task force to provide a report on psilocybin
14 services. The director of the health care authority or the director's
15 designee must be a member of the task force and serve as chair. The
16 task force must also include, without limitation, the following
17 members:
18 (a) The secretary of the department of health or the secretary's
19 designee;
20 (b) The director of the liquor and cannabis board or the
21 director's designee; and
22 (c) As appointed by the director of the health care authority, or
23 the director's designee:
24 (i) A military veteran, or representative of an organization that
25 advocates on behalf of military veterans, with knowledge of
26 psilocybin;
27 (ii) Up to two recognized indigenous practitioners with knowledge
28 of the use of psilocybin or other psychedelic compounds in their
29 communities;
30 (iii) An individual with expertise in disability rights advocacy;
31 (iv) A public health practitioner;
32 (v) Two psychologists with knowledge of psilocybin, experience in
33 mental and behavioral health, or experience in palliative care;
34 (vi) Two mental health counselors, marriage and family
35 therapists, or social workers with knowledge of psilocybin,
36 experience in mental and behavioral health, or experience in
37 palliative care;
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 1 (vii) Two physicians with knowledge of psilocybin, experience in
2 mental and behavioral health, or experience in palliative care;
3 (viii) A health researcher with expertise in health equity or
4 conducting research on psilocybin;
5 (ix) A pharmacologist with expertise in psychopharmacology;
6 (x) A representative of the cannabis industry with knowledge of
7 regulation of medical cannabis and the cannabis business in
8 Washington;
9 (xi) An advocate from the LGBTQIA community with knowledge of the
10 experience of behavioral health issues within that community;
11 (xii) A member of the psychedelic medicine alliance of
12 Washington; and
13 (xiii) Up to two members with lived experience of utilizing
14 psilocybin.
15 (2) The health care authority must convene the first meeting of
16 the task force by June 30, 2023.
17 (3) The health care authority must provide a final report to the
18 governor and appropriate committees of the legislature by December 1,
19 2023, in accordance with RCW 43.01.036. The health care authority may
20 form subcommittees within the task force and adopt procedures
21 necessary to facilitate its work.
22 (4) The duties of the health care authority in consultation with
23 the task force must include, without limitation, the following
24 activities:
25 (a) Reviewing the available clinical information around specific
26 clinical indications for use of psilocybin, including what co-
27 occurring diagnoses or medical and family histories may exclude a
28 person from use of psilocybin. Any review of clinical information
29 should:
30 (i) Discuss populations excluded from existing clinical trials;
31 (ii) Discuss factors considered when approval of a medical
32 intervention is approved;
33 (iii) Consider the diversity of participants in clinical trials
34 and the limitations of each study when applying learnings to the
35 population at large; and
36 (iv) Identify gaps in the clinical research for the purpose of
37 identifying opportunities for investment by the state for the
38 University of Washington, Washington State University, or both to
39 consider studying.
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 1 (b) Reviewing and discussing regulatory structures for clinical
2 use of psilocybin in Washington and other jurisdictions nationally
3 and globally. This should include discussing how various regulatory
4 structures do or do not address concerns around public health and
5 safety the task force has identified.
6 (5) The department of health, liquor and cannabis board, and
7 department of agriculture must provide subject matter expertise and
8 support to the task force and any subcommittee meetings. For the
9 department of health, subject matter expertise includes an individual
10 or individuals with knowledge and experience in rule making, the
11 regulation of health professionals, and the regulation of health
12 facilities.
13 (6) Meetings of the task force under this section must be open to
14 participation by members of the public.
15 (7) Task force members participating on behalf of an employer,
16 governmental entity, or other organization are not entitled to be
17 reimbursed for travel expenses if they are elected officials or are
18 participating on behalf of an employer, governmental entity, or other
19 organization. Any reimbursement for other nonlegislative members is
20 subject to chapter 43.03 RCW.
21 (8) It is the legislature's intent that the provisions of this
22 section supersede section 211(99), chapter 297, Laws of 2022.
23 (9) This section expires June 30, 2024.
24 *NEW SECTION. Sec. 7. (1) The duties, functions, and powers of
25 the department of health specified in this chapter include the
26 following:
27 (a) To examine, publish, and distribute to the public available
28 medical, psychological, and scientific studies, research, and other
29 information relating to the safety and efficacy of psilocybin in
30 treating mental health conditions including, but not limited to,
31 addiction, depression, anxiety disorders, and end-of-life
32 psychological distress, and the potential for psilocybin to promote
33 community, address trauma, and enhance physical and mental wellness;
34 (b) To adopt, amend, or repeal rules necessary to carry out the
35 intent and provisions of this chapter, including rules that the
36 department of health considers necessary to protect the public health
37 and safety;
38 (c) To exercise all powers incidental, convenient, or necessary
39 to enable the department of health to administer or carry out this
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 1 chapter or any other law of this state that charges the department of
2 health with a duty, function, or power related to psilocybin products
3 and psilo