HOUSE DOCKET, NO. 3895        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Homar Gómez, (BY REQUEST)

_________________

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 relative to criminal disposition of limited psilocybin possession offenses.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3895        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Fourth General Court
(2025-2026)

_______________

An Act relative to criminal disposition of limited psilocybin possession offenses.

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

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. This Act shall be known and may be cited as the “No Harm No Foul Act.”

SECTION 2. Section 34 of chapter 94C is hereby amended by adding a sixth paragraph, viz.,

Notwithstanding the foregoing, any complaint for simple possession of psilocybin (i.e., not with the intent to distribute), may, in the absence of any indication that the offense caused any visible harm to the health and safety of any other person, be dismissed upon a finding by the court that at the time of the alleged offense the defendant (1) was over 21 years of age, (2) was not operating a motor vehicle, and (3) endangered no children.