SF4204

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