HF 2699

as introduced - 94th Legislature (2025 - 2026) Posted on 03/24/2025 03:03pm

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. new text begin PURPOSE.
new text end

new text begin 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.
new text end

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 new text begin , except as provided
for in section 152.41 new text end ; 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 new text begin , except as provided
for in section 152.41 new text end ; 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 new text begin , except as
provided for in section 152.41 new text end ; 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.

new text begin [152.40] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 152.40 to 152.44, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Motor vehicle. new text end

new text begin "Motor vehicle" has the meaning given in section 169A.03,
subdivision 15.
new text end

new text begin Subd. 3. new text end

new text begin Personal use. new text end

new text begin "Personal use" means the use of psilocybin by the individual in
possession of the psilocybin, and not commercial sale or distribution of psilocybin.
new text end

new text begin Subd. 4. new text end

new text begin Possession limit. new text end

new text begin "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.
new text end

new text begin Subd. 5. new text end

new text begin Psilocybin. new text end

new text begin "Psilocybin" means any mushroom, in raw, dried, or prepared form,
that contains the psychoactive compound psilocybin or its metabolite psilocin.
new text end

new text begin Subd. 6. new text end

new text begin Psychedelic Medicine Board or board. new text end

new text begin "Psychedelic Medicine Board" or
"board" means the board established under section 152.42.
new text end

new text begin Subd. 7. new text end

new text begin Public place. new text end

new text begin "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.
new text end

Sec. 6.

new text begin [152.41] PERSONAL ADULT USE OF PSILOCYBIN.
new text end

new text begin Subdivision 1. new text end

new text begin Personal adult use, possession, transportation, and cultivation. new text end

new text begin (a)
An individual 21 years of age or older is permitted to:
new text end

new text begin (1) cultivate psilocybin for personal use, provided the cultivation is performed in
accordance with subdivision 3;
new text end

new text begin (2) possess or transport psilocybin, provided the total amount the individual possesses
or transports does not exceed the possession limit;
new text end

new text begin (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
new text end

new text begin (4) engage in the personal use of psilocybin:
new text end

new text begin (i) at a private residence, including the curtilage or yard of the residence; or
new text end

new text begin (ii) on private property that is not generally accessible to the public, unless the property
owner prohibits the use of psilocybin on the property.
new text end

new text begin (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).
new text end

new text begin Subd. 2. new text end

new text begin Limitations. new text end

new text begin Nothing in this section permits an individual to:
new text end

new text begin (1) cultivate, engage in the personal use of, possess, or transport psilocybin if the
individual is under 21 years of age;
new text end

new text begin (2) engage in the personal use of psilocybin in a motor vehicle when the motor vehicle
is on a street or highway;
new text end

new text begin (3) operate a motor vehicle while under the influence of psilocybin;
new text end

new text begin (4) cultivate, possess, transport, or give to another individual psilocybin in an amount
that exceeds the possession limit;
new text end

new text begin (5) sell psilocybin to an individual for remuneration or engage in the commercial
distribution of psilocybin;
new text end

new text begin (6) engage in the personal use of psilocybin in a public place;
new text end

new text begin (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
new text end

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

new text begin Subd. 3. new text end

new text begin Cultivation. new text end

new text begin An individual who is 21 years of age or older may cultivate
psilocybin for personal use, provided:
new text end

new text begin (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
new text end

new text begin (2) the amount cultivated does not exceed the possession limit.
new text end

new text begin Subd. 4. new text end

new text begin Offenses. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

Sec. 7.

new text begin [152.42] PSYCHEDELIC MEDICINE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin Membership of the board shall consist of:
new text end

new text begin (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;
new text end

new text begin (2) ... public members appointed by the governor;
new text end

new text begin (3) one member representing Tribal Nations in the state, appointed by the Indian Affairs
Council;
new text end

new text begin (4) the commissioner of health or a designee; and
new text end

new text begin (5) the commissioner of public safety or a designee.
new text end

new text begin Subd. 3. new text end

new text begin Duties of the board. new text end

new text begin The board must:
new text end

new text begin (1) adopt rules to implement sections 152.40 to 152.44, including rules to establish a
possession limit for psilocybin;
new text end

new text begin (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;
new text end

new text begin (3) award grants according to section 152.44, subdivision 3; and
new text end

new text begin (4) perform other duties as determined by the board.
new text end

new text begin Subd. 4. new text end

new text begin Chairperson. new text end

new text begin The governor must designate one of the members appointed
under subdivision 2, clause (1), as chairperson of the board.
new text end

new text begin Subd. 5. new text end

new text begin Terms; compensation; removals; vacancies. new text end

new text begin (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.
new text end

new text begin (b) The terms for initial board members shall be as follows and shall be determined by
lot by the secretary of state:
new text end

new text begin (1) ... members appointed under subdivision 2, clause (1), and ... members appointed
under subdivision 2, clause (2), shall serve two-year terms;
new text end

new text begin (2) ... members appointed under subdivision 2, clause (1), and ... members appointed
under subdivision 2, clause (2), shall serve three-year terms; and
new text end

new text begin (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.
new text end

new text begin Subd. 6. new text end

new text begin Meetings. new text end

new text begin 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.
new text end

new text begin Subd. 7. new text end

new text begin Administrative and staff support. new text end

new text begin 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.
new text end

Sec. 8.

new text begin [152.43] PROTECTIONS FOR USERS OF PSILOCYBIN.
new text end

new text begin Subdivision 1. new text end

new text begin Employment. new text end

new text begin 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:
new text end

new text begin (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
new text end

new text begin (2) the individual's use of psilocybin directly impacts the individual's job performance
or safety requirements of the individual's job position.
new text end

new text begin Subd. 2. new text end

new text begin Housing. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Custody; visitation; parenting time. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Action for damages. new text end

new text begin 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.
new text end

Sec. 9.

new text begin [152.44] PUBLIC EDUCATION AND HARM REDUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Public education program. new text end

new text begin 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.
new text end

new text begin Subd. 2. new text end

new text begin Training programs for first responders. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Community outreach grant program. new text end

new text begin 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.
new text end

Sec. 10. new text begin APPROPRIATIONS.
new text end

new text begin (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:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (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.
new text end