Psilocybin cultivation, possession, transportation, and personal use by individuals 21 years of age or older authorized; protections established; public education and harm reduction programs established; Psychedelic Medicine Board established; criminal penalties provided; rulemaking authorized; civil actions authorized; and money appropriated.

A bill for an act

relating to controlled substances; authorizing the cultivation, possession,

transportation, and personal use of psilocybin by individuals 21 years of age or

older; establishing protections; establishing public education and harm reduction

programs; establishing a Psychedelic Medicine Board; providing criminal penalties;

authorizing rulemaking; authorizing civil actions; appropriating money; amending

Minnesota Statutes 2024, sections 152.021, subdivision 2; 152.022, subdivision

2; 152.024, subdivision 2; proposing coding for new law in Minnesota Statutes,

chapter 152.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.
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PURPOSE.
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The purpose of this act is to eliminate criminal and civil penalties for the personal use

and possession of psilocybin by adults age 21 and older in Minnesota, and in so doing 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.

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Sec. 2.

Minnesota Statutes 2024, section 152.021, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of a controlled substance crime in

the first degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams

or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams

or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or

uses, whether by brandishing, displaying, threatening with, or otherwise employing, a

firearm; or

(ii) the offense involves two aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams

or more, or 100 dosage units or more, containing heroin or fentanyl;

(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams

or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams

or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled

substance is packaged in dosage units, equaling 500 or more dosage units
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, except as provided

for in section 152.41
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; or

(6) the person unlawfully possesses:

(i) 50 kilograms or more of cannabis flower;

(ii) ten kilograms or more of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer

products, or any combination of those infused with more than one kilogram of

tetrahydrocannabinols.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may

not be considered in measuring the weight of a mixture except in cases where the mixture

contains four or more fluid ounces of fluid.

Sec. 3.

Minnesota Statutes 2024, section 152.022, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

(a) A person is guilty of controlled substance crime in the

second degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams

or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams

or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or

uses, whether by brandishing, displaying, threatening with, or otherwise employing, a

firearm; or

(ii) the offense involves three aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of six grams

or more, or 50 dosage units or more, containing heroin or fentanyl;

(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams

or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;

(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams

or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled

substance is packaged in dosage units, equaling 100 or more dosage units
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, except as provided

for in section 152.41
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; or

(6) the person unlawfully possesses:

(i) 25 kilograms or more of cannabis flower;

(ii) five kilograms or more of cannabis concentrate; or

(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer

products, or any combination of those infused with more than 500 grams of

tetrahydrocannabinols.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may

not be considered in measuring the weight of a mixture except in cases where the mixture

contains four or more fluid ounces of fluid.

Sec. 4.

Minnesota Statutes 2024, section 152.024, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

A person is guilty of controlled substance crime in the

fourth degree if:

(1) the person unlawfully possesses one or more mixtures containing phencyclidine or

hallucinogen, it is packaged in dosage units, and equals ten or more dosage units
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, except as

provided for in section 152.41
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; or

(2) the person unlawfully possesses one or more mixtures containing a controlled

substance classified in Schedule I, II, or III, except marijuana or Tetrahydrocannabinols,

with the intent to sell it.

Sec. 5.

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[152.40] DEFINITIONS.

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Subdivision 1.

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Application.

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For purposes of sections 152.40 to 152.44, the following

terms have the meanings given.

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Subd. 2.

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Motor vehicle.

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"Motor vehicle" has the meaning given in section 169A.03,

subdivision 15.

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Subd. 3.

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Personal use.

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"Personal use" means the use of psilocybin by the individual in

possession of the psilocybin, and not commercial sale or distribution of psilocybin.

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Subd. 4.

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Possession limit.

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"Possession limit" means the amount of psilocybin, as

determined by the board, an individual may possess under section 152.41, except that the

amount must not exceed a one-year supply of psilocybin in dried or prepared form.

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Subd. 5.

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Psilocybin.

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"Psilocybin" means any mushroom, in raw, dried, or prepared form,

that contains the psychoactive compound psilocybin or its metabolite psilocin.

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Subd. 6.

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Psychedelic Medicine Board or board.

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"Psychedelic Medicine Board" or

"board" means the board established under section 152.42.

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Subd. 7.

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Public place.

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"Public place" means an area open to the public, including but

not limited to a public street or sidewalk; a pedestrian skyway system as defined in section

469.125, subdivision 4; or a park.

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Sec. 6.

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[152.41] PERSONAL ADULT USE OF PSILOCYBIN.

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Subdivision 1.

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Personal adult use, possession, transportation, and cultivation.

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(a)

An individual 21 years of age or older is permitted to:

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(1) cultivate psilocybin for personal use, provided the cultivation is performed in

accordance with subdivision 3;

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(2) possess or transport psilocybin, provided the total amount the individual possesses

or transports does not exceed the possession limit;

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(3) give for no remuneration to an individual who is 21 years of age or older psilocybin

in an amount that does not exceed the possession limit; and

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(4) engage in the personal use of psilocybin:

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(i) at a private residence, including the curtilage or yard of the residence; or

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(ii) on private property that is not generally accessible to the public, unless the property

owner prohibits the use of psilocybin on the property.

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(b) No civil or criminal penalty shall be imposed on an individual 21 years of age or

older solely for engaging in an act listed in paragraph (a).

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Subd. 2.

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Limitations.

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Nothing in this section permits an individual to:

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(1) cultivate, engage in the personal use of, possess, or transport psilocybin if the

individual is under 21 years of age;

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(2) engage in the personal use of psilocybin in a motor vehicle when the motor vehicle

is on a street or highway;

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(3) operate a motor vehicle while under the influence of psilocybin;

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(4) cultivate, possess, transport, or give to another individual psilocybin in an amount

that exceeds the possession limit;

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(5) sell psilocybin to an individual for remuneration or engage in the commercial

distribution of psilocybin;

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(6) engage in the personal use of psilocybin in a public place;

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(7) possess or engage in the personal use of psilocybin on the grounds of a public school,

as defined in section 120A.05, subdivisions 9, 11, and 13, or a charter school governed by

chapter 124E, including all owned, rented, or leased facilities and all vehicles that a school

district owns, leases, rents, contracts for, or controls; or

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(8) possess or engage in the personal use of psilocybin in a state correctional facility.

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Subd. 3.

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Cultivation.

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An individual who is 21 years of age or older may cultivate

psilocybin for personal use, provided:

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(1) the cultivation takes place at the primary residence of an individual 21 years of age

or older and in an enclosed, locked space that is not accessible to the public or by individuals

under 21 years of age and the dimensions of which do not exceed 12 feet by 12 feet; and

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(2) the amount cultivated does not exceed the possession limit.

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Subd. 4.

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Offenses.

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(a) An individual under 21 years of age who cultivates, engages in

the personal use of, possesses, or transports psilocybin in an amount at or below the

possession limit commits a petty misdemeanor and shall pay a fine of not more than $100.

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(b) An individual who engages in the personal use of psilocybin in a motor vehicle when

the motor vehicle is on a street or highway is guilty of a misdemeanor.

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(c) An individual who engages in the personal use of psilocybin in a public place is

guilty of a petty misdemeanor and shall pay a fine of not more than $100.

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(d) An individual who possesses or engages in the personal use of psilocybin on the

grounds of a public school, as defined in section 120A.05, subdivisions 9, 11, and 13, or a

charter school governed by chapter 124E, including all owned, rented, or leased facilities

and all vehicles that a school district owns, leases, rents, contracts for, or controls is guilty

of a misdemeanor.

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Sec. 7.

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[152.42] PSYCHEDELIC MEDICINE BOARD.

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Subdivision 1.

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Establishment.

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The Psychedelic Medicine Board is established to ensure

the safe and appropriate use of psilocybin in the state by individuals 21 years of age or older.

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Subd. 2.

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Membership.

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Membership of the board shall consist of:

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(1) ... 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;

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(2) ... public members appointed by the governor;

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(3) one member representing Tribal Nations in the state, appointed by the Indian Affairs

Council;

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(4) the commissioner of health or a designee; and

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(5) the commissioner of public safety or a designee.

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Subd. 3.

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Duties of the board.

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The board must:

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(1) adopt rules to implement sections 152.40 to 152.44, including rules to establish a

possession limit for psilocybin;

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(2) evaluate requirements for the personal use of psilocybin under sections 152.40 to

152.44 and recommend laws and policies to ensure the safe and appropriate use of psilocybin

in the state;

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(3) award grants according to section 152.44, subdivision 3; and

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(4) perform other duties as determined by the board.

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Subd. 4.

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Chairperson.

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The governor must designate one of the members appointed

under subdivision 2, clause (1), as chairperson of the board.

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Subd. 5.

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Terms; compensation; removals; vacancies.

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(a) Except as provided in

paragraph (b), terms, compensation, removals of members, and vacancies regarding members

appointed under subdivision 2, clauses (1) to (3), are governed by section 15.0575. Initial

members under subdivision 2, clauses (1) to (3), must be appointed by November 1, 2025.

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(b) The terms for initial board members shall be as follows and shall be determined by

lot by the secretary of state:

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(1) ... members appointed under subdivision 2, clause (1), and ... members appointed

under subdivision 2, clause (2), shall serve two-year terms;

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(2) ... members appointed under subdivision 2, clause (1), and ... members appointed

under subdivision 2, clause (2), shall serve three-year terms; and

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(3) ... members appointed under subdivision 2, clause (1), ... members appointed under

subdivision 2, clause (2), and the member appointed under subdivision 2, clause (3), shall

serve four-year terms.

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Subd. 6.

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Meetings.

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The board must meet at least four times per year or at the call of the

chairperson. The initial meeting of the board must occur by December 1, 2025, and must

be called by the member designated by the governor as chairperson.

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Subd. 7.

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Administrative and staff support.

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The commissioner of health must provide

the board with administrative services and meeting space necessary for the board to perform

its duties. The board must contract with the commissioner of health for staff needed for

board activities, and staff support must be based on an annual budget and work program

developed by the board and certified to the commissioner by the chairperson of the board.

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Sec. 8.

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[152.43] PROTECTIONS FOR USERS OF PSILOCYBIN.

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Subdivision 1.

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Employment.

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An employer must not discriminate against an individual

in hiring, termination, or any term or condition of employment, or otherwise penalize an

individual based on the individual's lawful cultivation, possession, transportation, or use of

psilocybin under section 152.41, unless:

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(1) the employer's failure to act would violate federal law or regulations or would cause

the employer to lose a monetary or licensing-related benefit under federal law or regulations;

or

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(2) the individual's use of psilocybin directly impacts the individual's job performance

or safety requirements of the individual's job position.

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Subd. 2.

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Housing.

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No landlord may refuse to lease to an individual or evict an individual

solely for the individual's lawful cultivation, possession, or use of psilocybin under section

152.41, unless the landlord's failure to do so would violate federal law or regulations or

would cause the landlord to lose a monetary or licensing-related benefit under federal law

or regulations.

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Subd. 3.

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Custody; visitation; parenting time.

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An individual must not be denied custody

of a minor child or visitation rights or parenting time with a minor child based solely on the

individual's lawful cultivation, possession, transportation, or use of psilocybin under section

152.41, unless the individual's behavior creates an unreasonable danger to the safety of the

minor as demonstrated by clear and convincing evidence.

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Subd. 4.

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Action for damages.

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In addition to any other remedy provided by law, an

individual who is injured by a violation of subdivision 1, 2, or 3 may bring an action for

damages against a person who violates subdivision 1, 2, or 3. A person who violates

subdivision 1, 2, or 3 is liable to the individual injured by the violation for the greater of

the individual's actual damages or a civil penalty of $100, plus reasonable attorney fees.

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Sec. 9.

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[152.44] PUBLIC EDUCATION AND HARM REDUCTION.

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Subdivision 1.

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Public education program.

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The commissioner of health must 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.

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Subd. 2.

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Training programs for first responders.

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The commissioner of health must

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 training programs must be developed and offered in

coordination with the Office of Emergency Medical Services, the Peace Officer Standards

and Training Board, the Minnesota State Patrol, and local law enforcement agencies.

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Subd. 3.

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Community outreach grant program.

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The board must award grants to

community-based organizations to fund education on safe practices for the use of psilocybin

and integration resources for individuals using psilocybin. An entity seeking a grant under

this subdivision must apply to the board in a form and manner specified by the board. 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. Grant recipients must report grant program outcomes to the board in a form and

manner specified by the board.

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Sec. 10.
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APPROPRIATIONS.
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(a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the

general fund to the commissioner of health for public education and harm reduction initiatives

related to the use of psilocybin. Of these appropriations:

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(1) $....... in fiscal year 2026 and $....... in fiscal year 2027 are for the public education

program in Minnesota Statutes, section 152.44, subdivision 1; and

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(2) $....... in fiscal year 2026 and $....... in fiscal year 2027 are to develop and offer

trainings to first responders under Minnesota Statutes, section 152.44, subdivision 2.

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(b) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the

general fund to the Psychedelic Medicine Board for purposes of Minnesota Statutes, sections

152.40 to 152.44. Of these appropriations, $....... in fiscal year 2026 and $....... in fiscal year

2027 are for the community outreach grant program under Minnesota Statutes, section

152.44, subdivision 3.

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