AI Generated Summary
Purpose
- The bill aims to eliminate criminal and civil penalties for the personal use, possession, and cultivation of psilocybin by adults 21 years and older. It seeks to reduce the burden on the criminal justice system, promote harm reduction, and allow adults to make personal choices about psilocybin without facing prosecution.
Main Provisions
- Personal adult use allowed
- Adults 21+ may cultivate psilocybin for personal use, possess or transport it, and engage in personal use.
- No penalties for these acts when done within the defined limits and rules.
- No remuneration involved when transferring small amounts to another adult 21+ within the possession limit.
- Use is allowed at private residences or private property not generally open to the public, unless the property owner prohibits it.
- Possession limit
- The amount a person may possess is set by the Psychedelic Medicine Board and cannot exceed a one-year supply in dried or prepared form.
- Cultivation
- Cultivation must take place at the primary residence of the adult 21+ in an enclosed, locked space not accessible to people under 21 and not larger than 12 feet by 12 feet.
- Prohibited contexts
- No use in motor vehicles on streets/highways.
- No use in public places or on grounds of public schools or charter schools.
- No commercial sale or distribution of psilocybin, and no giving away to others for remuneration.
- Penalties and offenses
- Personal use and possession within the limits are not criminalized under 152.41 for psilocybin.
- Under-21 individuals face penalties for certain restricted activities (e.g., under-21 cultivation; use in motor vehicles or public places; possession on school grounds) that are misdemeanors or petty misdemeanors.
- Protections and civil action
- People harmed or discriminated against for lawful psilocybin use have the right to sue for damages or a civil penalty.
- Civil penalties may include damages or attorney fees.
- Public education, harm reduction, and first responders
- The Department of Health must create a public education program about responsible use, risks, harm reduction strategies, and mental health resources.
- Training programs for emergency responders and law enforcement on handling psilocybin-related situations.
- A community outreach grant program to fund education and integration resources for psilocybin users.
- Oversight and administration
- Establishment of the Psychedelic Medicine Board to oversee safe and appropriate use, set the possession limit, award grants, and develop rules.
- The Board will have appointed members including experts, public members, a Tribal Nations representative, and designees from the health and public safety commissioners.
- The Department of Health provides staff and administrative support; budget and work program are developed with the Board.
- Funding
- General fund appropriations for public education, harm reduction initiatives, training for first responders, and board operations for fiscal years 2026 and 2027.
- Specific funds allocated for the community outreach grant program.
Significant Changes to Existing Law
- Decriminalization framework for psilocybin
- Replaces criminal penalties for personal psilocybin use with a regulated framework guided by a new Psychedelic Medicine Board.
- Creates a formal possession limit and cultivation rules for personal use.
- New regulatory body's role
- Establishes the Psychedelic Medicine Board to set rules, determine safe use guidelines, and oversee grants.
- Expanded protections
- Adds explicit protections for employment, housing, and custody to shield lawful psilocybin users from certain penalties or discrimination.
- Public education and harm reduction emphasis
- Requires state health department-led education, training for first responders, and community outreach funding.
- Civil action pathway
- Allows individuals harmed by violations of the new psilocybin provisions to seek damages or civil penalties.
Implementation & Oversight
- Creation of the Psychedelic Medicine Board with defined duties, reporting, and fee-grant programs.
- Board rules to implement sections on possession limits and safe use.
- Coordination between the Board and the Department of Health for staff, space, and budget.
Definitions (Key Terms)
- Psilocybin: the psychoactive compound in certain mushrooms.
- Personal use: using psilocybin by the individual in possession without sale or distribution.
- Possession limit: the maximum amount one may possess, as set by the board (one-year supply).
- Personal use contexts: private residence or private property not generally accessible to the public.
- Psychedelic Medicine Board: the governing body established to regulate psilocybin use and policy.
- Harm reduction: strategies that minimize risks associated with psilocybin use.
- Public education: information campaigns about responsible use and mental health resources.
- First responders training: education for EMS, police, and related personnel on handling psilocybin situations.
Relevant Terms - psilocybin - personal use - possession limit - cultivation - harm reduction - Psychedelic Medicine Board - private residence - public education - first responders training - community outreach grants - one-year supply - 21 years of age or older - civil action damages - penalties (petty misdemeanor, misdemeanor) - employment protections - housing protections - custody/visitation protections - unauthorized sale or distribution - regulated framework
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| March 09, 2026 | Senate | Action | Introduction and first reading | ||
| March 09, 2026 | Senate | Action | Referred to | Judiciary and Public Safety |
Citations
[
{
"analysis": {
"added": [],
"removed": [],
"summary": "Amends Minnesota Statutes 2024, section 152.021, subdivision 2 (first-degree possession crimes) to revise weight thresholds and related conditions for various controlled substances.",
"modified": [
"Revises possession thresholds for substances (e.g., cocaine, methamphetamine, heroin, fentanyl, cannabis-related products) and clarifies aggravating factors."
]
},
"citation": "152.021",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Amends Minnesota Statutes 2024, section 152.022, subdivision 2 (second-degree possession crimes) to adjust thresholds and aggravating factors.",
"modified": [
"Modifies possession thresholds for various substances and expands aggravating-factor criteria."
]
},
"citation": "152.022",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Amends Minnesota Statutes 2024, section 152.024, subdivision 2 (fourth-degree possession crimes) to update offenses and packaging-related considerations.",
"modified": [
"Updates the fourth-degree offenses, including controlled substances packaged in dosage units."
]
},
"citation": "152.024",
"subdivision": "Subd.2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines scope and application for sections 152.40 to 152.44, establishing key terms to govern the psilocybin provisions.",
"modified": [
"Introduces foundational definitions and scope for psilocybin-related provisions."
]
},
"citation": "152.40",
"subdivision": "Subdivision1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Motor vehicle definition as used in 152.40 to 152.44, tying to the meaning in section 169A.03, subdivision 15.",
"modified": [
"Links 'Motor vehicle' to the existing definition in 169A.03(15)."
]
},
"citation": "152.40",
"subdivision": "Subdivision2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Personal use definition for psilocybin (non-commercial use by the individual in possession).",
"modified": [
"Defines personal use of psilocybin."
]
},
"citation": "152.40",
"subdivision": "Subdivision3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Possession limit; establishes amount an individual may possess under 152.41, capped at a one-year supply in dried/prepared form.",
"modified": [
"Sets possession limit framework for psilocybin."
]
},
"citation": "152.40",
"subdivision": "Subdivision4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Psilocybin defined as any mushroom containing psilocybin or its metabolite psilocin.",
"modified": [
"Defines the substance 'psilocybin' for purposes of this chapter."
]
},
"citation": "152.40",
"subdivision": "Subdivision5"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Psychedelic Medicine Board defined and referenced; this subdivision identifies the board.",
"modified": [
"Establishes the Psychedelic Medicine Board in reference to 152.42."
]
},
"citation": "152.40",
"subdivision": "Subdivision6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Public place definition includes areas open to the public, with examples linking to 469.125(4).",
"modified": [
"Defines 'Public place' for psilocybin-related provisions."
]
},
"citation": "152.40",
"subdivision": "Subdivision7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Personal adult use of psilocybin allowed for individuals 21+; includes cultivation, possession, and transport under defined limits.",
"modified": [
"Authorizes personal use, possession, transportation, and cultivation for adults 21 and older."
]
},
"citation": "152.41",
"subdivision": "Subdivision1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Limitations on activities (under-21 restrictions, driving, public use, etc.).",
"modified": [
"Establishes prohibitions or restrictions tied to age and specific conduct."
]
},
"citation": "152.41",
"subdivision": "Subdivision2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cultivation restrictions for personal use (location, size, and access controls).",
"modified": [
"Regulates where and how psilocybin may be cultivated for personal use."
]
},
"citation": "152.41",
"subdivision": "Subdivision3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Offense penalties for violations related to under-21 use, motor vehicle use, public use, and school grounds.",
"modified": [
"Imposes specific penalties for under-21 cultivation/possession, public-use offenses, and school-grounds offenses."
]
},
"citation": "152.41",
"subdivision": "Subdivision4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Establishment of the Psychedelic Medicine Board.",
"modified": [
"Creates the governing board to oversee psilocybin-related policies."
]
},
"citation": "152.42",
"subdivision": "Subdivision1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Board membership structure (governor appointees, public members, and representation from Tribal Nations, health and public safety commissioners).",
"modified": [
"Details on appointments and representation for the Psychedelic Medicine Board."
]
},
"citation": "152.42",
"subdivision": "Subdivision2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Board duties (rules, requirements for personal use, grant awards, and other duties).",
"modified": [
"Assigns duties including rulemaking, evaluating use requirements, and grant administration."
]
},
"citation": "152.42",
"subdivision": "Subdivision3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Board chairperson designation by the governor.",
"modified": [
"Specifies how the board chairperson is designated."
]
},
"citation": "152.42",
"subdivision": "Subdivision4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Board terms, compensation, removals, and vacancies; initial appointments by November 1, 2025.",
"modified": [
"Outlines terms and personnel provisions for initial board members."
]
},
"citation": "152.42",
"subdivision": "Subdivision5"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Board meetings (minimum frequency and timing of initial meeting).",
"modified": [
"Sets meeting cadence and initial meeting deadline."
]
},
"citation": "152.42",
"subdivision": "Subdivision6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Administrative and staff support arrangements (health department support and budgeting).",
"modified": [
"Requires administrative support from the Department of Health and budgeting to back the board."
]
},
"citation": "152.42",
"subdivision": "Subdivision7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Protections for users: employment protections when psilocybin use is lawful under 152.41, but federal-law exceptions apply.",
"modified": [
"Prohibits employment discrimination under certain federal-law-exception conditions."
]
},
"citation": "152.43",
"subdivision": "Subdivision1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Housing protections related to lawful psilocybin use.",
"modified": [
"Provides housing protections against discrimination related to psilocybin use."
]
},
"citation": "152.43",
"subdivision": "Subdivision2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Custody, visitation, and parenting time protections for individuals using psilocybin lawfully.",
"modified": [
"Prevents custody/visitation decisions solely based on lawful use/cultivation."
]
},
"citation": "152.43",
"subdivision": "Subdivision3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Damages action for violations of 152.43 subdivisions 1-3; defines penalties and attorney fees.",
"modified": [
"Allows civil actions and sets damages or penalties for violations of protections."
]
},
"citation": "152.43",
"subdivision": "Subdivision4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Public education program on responsible psilocybin use, risks, harm reduction, and mental health resources.",
"modified": [
"Requires health department to develop and implement public education program."
]
},
"citation": "152.44",
"subdivision": "Subdivision1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Training programs for first responders on handling psilocybin-related situations (coordination with multiple agencies).",
"modified": [
"Requires development and offering of training for EMS, peace officers, and first responders."
]
},
"citation": "152.44",
"subdivision": "Subdivision2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Community outreach grant program to fund education and integration resources; reporting requirements to the board.",
"modified": [
"Establishes grant program and reporting requirements for outcomes."
]
},
"citation": "152.44",
"subdivision": "Subdivision3"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to 120A.05, subdivision 9 (context within protections or school-related provisions).",
"modified": [
"Inclusion of subdivision 9 in the linked provisions."
]
},
"citation": "120A.05",
"subdivision": "Subdivision9"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to 120A.05, subdivision 11 (context within school-related or safety provisions).",
"modified": [
"Inclusion of subdivision 11 in the linked provisions."
]
},
"citation": "120A.05",
"subdivision": "Subdivision11"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to 120A.05, subdivision 13 (context within school-related or safety provisions).",
"modified": [
"Inclusion of subdivision 13 in the linked provisions."
]
},
"citation": "120A.05",
"subdivision": "Subdivision13"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "References a charter school governed by chapter 124E in the context of psilocybin personal-use provisions.",
"modified": [
"Links psilocybin personal-use provisions to charter-school facilities and governance under chapter 124E."
]
},
"citation": "124E",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Governs terms, compensation, removals, and vacancies for initial board members (referenced for 152.42 initial terms).",
"modified": [
"Cites existing statute 15.0575 for initial member terms and vacancies."
]
},
"citation": "15.0575",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Defines 'Motor vehicle' by cross-reference to 169A.03, subdivision 15.",
"modified": [
"Links motor-vehicle definition to the existing Minnesota Statutes definition."
]
},
"citation": "169A.03",
"subdivision": "Subd.15"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Public place definition references pedestrian skyway system as defined in 469.125, subdivision 4.",
"modified": [
"Incorporates the public-place concept tied to 469.125(4)."
]
},
"citation": "469.125",
"subdivision": "Subdivision4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Public education program (duplicate reference within 152.44’s subdivisions).",
"modified": [
"Reiterates public-education program component under 152.44."
]
},
"citation": "152.44",
"subdivision": "Subdivision1"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "First responders training program (duplicate reference within 152.44’s subdivisions).",
"modified": [
"Reiterates first responders training component under 152.44."
]
},
"citation": "152.44",
"subdivision": "Subdivision2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Community outreach grant program (duplicate reference within 152.44’s subdivisions).",
"modified": [
"Reiterates grant program component under 152.44."
]
},
"citation": "152.44",
"subdivision": "Subdivision3"
}
]Progress through the legislative process
In Committee