HOUSE DOCKET, NO. 3772        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3605

The Commonwealth of Massachusetts

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PRESENTED BY:

Nicholas A. Boldyga

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act concerning the legal use of the plant medicine known as psilocybin for therapeutic, spiritual, and medicinal purposes.

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PETITION OF:

HOUSE DOCKET, NO. 3772        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3605

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act concerning the legal use of the plant medicine known as psilocybin for therapeutic, spiritual, and medicinal purposes.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:-

Section 245. (a) The department shall establish requirements for registration processes, investigation of complaints and accompanying licensing procedures and the granting of psilocybin facilitators licenses to those who meet the requirements of subsection (b).

(b) An applicant for a psilocybin facilitators license shall, at the time of application: (i) be 21 years of age or older; (ii) be a legal resident of the commonwealth; (iii) possess a high school diploma or its equivalent; (iv) have no felony or misdemeanor convictions in the 5 years prior to the application; (v) have a certificate of completion from an independent school licensed to issue a certificate for a psilocybin facilitators license pursuant to subsection (c); and (vi) pay $155 biennial fee to the board of registration of allied mental health and human services exempting current law enforcement officers certified pursuant to chapter 6E, certified emergency medical technicians, certified paramedics and veterans with proof of honorable discharge from the armed forces of the United States.

(c) The department shall license independent training schools to issue a certificate that the minimum training requirements for a psilocybin facilitators license have been completed. The licensed independent training schools may be for-profit or non-profit and may charge tuition and provide scholarship programs for low-income students. The minimum curriculum for a psilocybin facilitators license issued by a licensed independent training school shall be no less than 20 hours and no more than 300 hours of total training which shall include a minimum of 20 hours of in-person practicum where students facilitate and observe the facilitation of psilocybin sessions.

(d) Notwithstanding any general or special law to the contrary, only a person who obtains a psilocybin facilitators license shall be lawfully permitted to possess not more than 5 grams of psilocybin excluding the weight of water and fungi material that is part of the psilocybin.

(e) Notwithstanding any general or special law to the contrary, a licensed psilocybin facilitator may facilitate psilocybin sessions for therapeutic, spiritual and medicinal purposes for all persons 18 years of age and older.

(f) Notwithstanding any general or special law to the contrary, a person 18 years of age and older may use psilocybin during facilitated sessions, by a properly licensed psilocybin facilitator, for therapeutic, spiritual and medicinal purposes.

(g) The department shall promulgate rules and regulations for a psilocybin facilitators license and the licensure of independent schools to issue a certificate that the minimum training requirements for such license have been met in accordance with this section.

SECTION 2. Subsection (g) of section 245 of chapter 111 shall take effect on July 1, 2025.