Title & Description

  • Policy/Bill Name: New Hampshire HB528 - Legalization of Psilocybin for Adults 21+
  • Proposed By: Representative Verville (Rockingham 2)
  • Date Introduced: January 14, 2025
  • Status: Proposed
  • Objective: To legalize the possession, purchase, transport, and use of psilocybin for individuals aged 21 and older in New Hampshire.
  • Importance: This bill would decriminalize psilocybin, aligning New Hampshire with evolving national and state-level policies on psychedelic substances for personal and therapeutic use.

Summary & Key Takeaways

Key Takeaway: HB528 would legalize psilocybin possession and use for adults 21 and older while maintaining penalties for underage possession.

Practical Implications:

  • Adults 21 and older can legally obtain, purchase, transport, and use psilocybin.
  • Individuals under 21 remain subject to penalties under existing drug laws.
  • No direct fiscal impact is anticipated, but judicial and correctional system costs may be affected.

Background & Rationale

  • Context: Psilocybin has been increasingly recognized for its potential therapeutic benefits, with FDA designations for breakthrough therapies in depression treatment. Several states and municipalities have moved toward decriminalization or regulation.
  • Policy Justification:
    • Aligns with growing scientific research supporting psilocybin's medical applications.
    • Reduces criminal justice resources spent on minor possession offenses.
    • Promotes harm reduction by providing a legal framework for adult use.

Key Provisions & Regulations

  • Scope:
    • Applies to individuals aged 21 and older in New Hampshire.
    • Covers possession, purchase, transportation, and use of psilocybin.
  • Major Provisions:
    • Amends state law (RSA 318-B) to permit personal possession of psilocybin.
    • Establishes that individuals 21 and older will not face legal penalties for psilocybin possession or use.
    • Maintains penalties for individuals under 21 who possess or use psilocybin.
  • Compliance Requirements:
    • No licensing or regulatory structure established for commercial sales.
    • Law enforcement agencies must adjust enforcement priorities accordingly.
  • Penalties & Enforcement:
    • Individuals under 21 found in possession of psilocybin remain subject to penalties under RSA 318-B:26.
    • No provisions for commercial distribution or production are included in the bill.

Expected Impact & Concerns

  • Intended Benefits:
    • Eliminates criminal penalties for adults using psilocybin responsibly.
    • May reduce costs associated with psilocybin-related law enforcement actions.
    • Supports ongoing scientific research into therapeutic applications.
  • Potential Drawbacks:
    • No regulatory framework for commercial sales may create supply-chain challenges.
    • Potential public health concerns regarding responsible use and education.
    • Law enforcement and judicial impacts remain indeterminate.
  • Economic/Social/Environmental Effects:
    • No direct fiscal impact anticipated, though judicial system costs may shift.
    • May contribute to shifting public perception of psychedelics as medical tools.
    • Could influence further policy developments at the state and federal levels.

Implementation Timeline

  • Effective Date:
    • January 1, 2026
  • Phase-in Period:
    • No explicit phase-in period; enforcement adjustments will occur immediately upon enactment.
  • Review & Sunset Clause:
    • No review or sunset clause specified, but future legislative updates may be required.
  • Legislative/Agency Source:
  • Supporting Research:
    • FDA designation of psilocybin as a breakthrough therapy.
    • Clinical studies on psilocybin's efficacy in mental health treatment.
  • Additional Reading:
    • Other state-level psilocybin legalization efforts.
    • Reports on the impact of decriminalization policies.
Share this post