Minnesota lawmakers have introduced a bill that would legalize the non-commercial possession and cultivation of psilocybin by adults 21 and older.
Rep. Andy Smith (D) filed the legislation on Monday, with seven original cosponsors. The measure largely informed by the findings and recommendations of a task force that was established under a separate bill that Gov. Tim Walz (D) signed into law in 2024.
“I’ve had a couple folks ask me this: ‘We’re in a tight moment. Inflation is rising. Why is this something that you’re working on?’” Smith, who served on the task force and whose prior legislation created the body, told Marijuana Moment in a phone interview on Tuesday. “And it goes back to, all of us recognize, know someone or struggle ourselves with mental health—and that has been apparent for a while.”
“I think the pandemic highlighted how much we have to go as a society and how we deal with very complex issues, and these medications have shown, in studies, to have great potential to help in that,” Smith said. “I think that’s why it’s important—and it’s important to move on these quickly and responsibly.”
Under the lawmaker’s proposal, the state law would be revised to make it so adults would not face criminal or civil penalties for the personal “use, possession, transportation and cultivation.”
The purpose section of the legislation states that the reform is meant to “reduce the burden on the criminal justice system, promote harm reduction, and enable individuals to make personal decisions regarding the use of psilocybin without fear of prosecution.”
A Psychedelic Medicine Board would be established under the bill to establish possession limits. Smith said that requirement—as well as components that may prove more controversial in an especially divided legislature such as decriminalizing cultivation—will likely be up for debate as the measure moves through the process.
The board would be comprised of members appointed by the governor “who have knowledge and expertise regarding the use of psilocybin or other psychedelic medicines or regarding integration resources associated with the use of psilocybin,” as well as “public members” the governor appoints, one member representing Tribal Nations in the state appointed by the Indian Affairs Council and the commissioners or health and public safety, or designees.
The legislation also includes certain employment, housing and parental protections for adults using psilocybin in compliance with the law.
Further, the proposal calls on the health commissioner to “develop and implement a public education program that makes information available to the public on the responsible use of psilocybin, potential risks of using psilocybin, harm reduction strategies related to psilocybin use, and mental health resources related to psilocybin use.”
The health official would additionally need to “develop and offer training programs for emergency medical responders, ambulance service personnel, peace officers, and other first responders on best practices for handling situations involving the use of psilocybin,” the bill says.
Finally, the department would be responsible for awarding grants to “community-based organizations to fund education on safe practices for the use of psilocybin and integration resources for individuals using psilocybin.
“Entities eligible for a grant under this subdivision include organizations with experience working with individuals using psilocybin or providing integration resources to individuals using psilocybin,” it says. “Grant recipients must report grant program outcomes to the board in a form and manner specified by the board.”
Smith said that, given other legislative priorities such as passing the budget—as well as political complications with Democrats and Republicans now evenly split in the legislature this session—he doesn’t anticipate that the proposal will start moving through the proper committee process until next year. However, he said it’s possible informal hearings with stakeholders could take place outside of the formal calendar.
Asked about the prospect of passage in the current political climate, the sponsor said it’s “hard to gauge right now,” but he feels there’s a “large enough runway” in the two-year session to advance the reform, as well as a separate measure he’s planning to introduce imminently that would create a regulatory framework for state-legal psilocybin access for medical purposes.
With respect to the psychedelics task force Smith that sat on that advised the legislature earlier this year, three of the proposals the group considered earned the required support of two-thirds of members to become official recommendations.
The roughly two-dozen-person panel includes lawmakers and agency representatives as well as a host of others appointed by the governor with experience in health policy, mental health, substance use disorders, veterans health and psychedelic medicine.
The approved recommendations were:
- Create a state-regulated clinical program for the therapeutic administration of psilocybin-containing mushrooms.
- Remove criminal penalties for the personal use and possession of psilocybin-containing mushrooms.
- Allocate funding for more research into the health benefits of MDMA, psilocybin, and LSD.
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Meanwhile, in addition to creating the psychedelics task force, the omnibus bill that the governor signed to create the Psychedelic Medicine Task Force also included provisions to establish safe drug consumption sites.
A separate Minnesota law also took effect last year that legalized drug paraphernalia possession, syringe services, controlled substances residue and testing.
Additionally this month, a legislative committee in the state given approval to a plan that would expand eligibility for expungement of marijuana-related criminal records and resentencing.
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Image courtesy of Kristie Gianopulos.
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