AN ACT RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT (Amends current law on controlled substances to permit psilocybin to be cultivated within a person's residence for personal use and contingent on the US FDA's program, mandate that RI department of health establish rules regulations.)

H7756

2026 -- H 7756
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LC005065
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

Introduced By:
Representatives Potter, McNamara, Edwards, Cruz, Ajello, Handy,
Slater, Bennett, and Donovan

Date Introduced:
February 12, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances
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Act" is hereby amended by adding thereto the following section:
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21-28-2.11. Exemption of psilocybin.

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(a) Nothing in this chapter shall apply to any compound, mixture, or preparation containing
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less than one ounce (1 oz.) of psilocybin provided the following conditions have been met:
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(1) Psilocybin is in possession of one person or shared by one person to another; or
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(2) Psilocybin has been securely cultivated within a person’s residence for personal use.
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(b) Contingent upon the United States Federal Drug Administration’s (FDA’s)
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rescheduling of psilocybin, the Rhode Island department of health shall establish rules and
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regulations pertaining to cultivation, distribution and medical prescription.
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(c) Contingent upon the United States Federal Drug Administration’s (FDA’s) expansion
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of its access program, patients with a serious or life-threatening mental or behavioral health
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disorder, who are without access to effective mental or behavioral health medication, shall have
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access to psilocybin at locations in Rhode Island approved by the Rhode Island department of
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health.
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(d) The provisions of this section shall sunset on July 1, 2028, and prior to this sunset, the
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attorney general shall provide a report to the speaker of the house and president of the senate
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relating to the number of violations issued for possession, cultivation, or distribution of psilocybin,
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and the director of the department of health shall provide a report to the speaker of the house and

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president of the senate relating to the U.S. Food and Drug Administration's (FDA’s) scheduling of
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psilocybin and permitted use for the treatment of mental or behavioral health disorders.
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SECTION 2. This act shall take effect on July 1, 2026, and shall sunset on July 1, 2028.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT
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This act would amend the current law on controlled substances to permit psilocybin to be
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securely cultivated within a person’s residence for personal use. The act would also, contingent on
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the US FDA’s rescheduling and expanding its access program, mandate that the department of
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health establish rules and regulations on the cultivation, distribution and medical prescription of
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psilocybin.
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This act would take effect on July 1, 2026, and would sunset on July 1, 2028.
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LC005065 - Page 3 of 3