HF 2906

as introduced - 94th Legislature (2025 - 2026) Posted on 04/01/2025 12:40pm

A bill for an act
relating to health; establishing a psilocybin therapeutic use program; establishing
protections for registered patients, designated cultivators, registered facilitators,
and health care practitioners; authorizing rulemaking; authorizing civil actions;
establishing fees; classifying data; establishing an advisory committee; providing
criminal penalties; appropriating money; 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 establish a legal, regulated framework for the therapeutic
use of psilocybin by individuals who are 21 years of age or older, have been diagnosed with
a qualifying medical condition, and meet the other requirements for enrollment in the
program. This act draws on the successes and lessons of Minnesota's medical cannabis
program and emphasizes compassionate access, harm reduction, and patient safety.
new text end

Sec. 2.

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 the purposes of sections 152.40 to 152.53, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Administration session. new text end

new text begin "Administration session" means a session supervised
by a registered facilitator during which a registered patient consumes and experiences the
effects of psilocybin.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 4. new text end

new text begin Designated cultivator. new text end

new text begin "Designated cultivator" means an individual designated
by a registered patient to cultivate psilocybin on the patient's behalf.
new text end

new text begin Subd. 5. new text end

new text begin Health care practitioner. new text end

new text begin "Health care practitioner" means a Minnesota-licensed
physician, advanced practice registered nurse, or physician assistant.
new text end

new text begin Subd. 6. new text end

new text begin Integration session. new text end

new text begin "Integration session" means a meeting between a registered
patient and a registered facilitator that occurs after the completion of an administration
session.
new text end

new text begin Subd. 7. 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. 8. new text end

new text begin Personal use. new text end

new text begin "Personal use" means the use of psilocybin by a registered patient,
and not commercial sale or distribution of psilocybin.
new text end

new text begin Subd. 9. new text end

new text begin Preparation session. new text end

new text begin "Preparation session" means a meeting between a
registered patient and a registered facilitator that occurs before an administration session.
Preparation session does not mean an initial consultation between a registered patient and
registered facilitator regarding psilocybin use, an inquiry from a registered patient to a
registered facilitator regarding psilocybin use, or a registered facilitator's response to a
registered patient's inquiry regarding psilocybin use.
new text end

new text begin Subd. 10. new text end

new text begin Program. new text end

new text begin "Program" means the psilocybin therapeutic use program established
under sections 152.40 to 152.53.
new text end

new text begin Subd. 11. 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. 12. new text end

new text begin Psychedelic Medicine Advisory Committee or advisory
committee. new text end

new text begin "Psychedelic Medicine Advisory Committee" or "advisory committee" means
the advisory committee established under section 152.53.
new text end

new text begin Subd. 13. 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

new text begin Subd. 14. new text end

new text begin Qualifying medical condition. new text end

new text begin "Qualifying medical condition" means a
medical condition designated by the commissioner for which psilocybin is an appropriate
therapeutic use.
new text end

new text begin Subd. 15. new text end

new text begin Registered facilitator. new text end

new text begin "Registered facilitator" means an individual registered
with the commissioner to provide services in preparation sessions and integration sessions
and to supervise administration sessions.
new text end

new text begin Subd. 16. new text end

new text begin Registered patient. new text end

new text begin "Registered patient" means a Minnesota resident certified
by a health care practitioner as having a qualifying medical condition and enrolled in the
psilocybin therapeutic use program.
new text end

Sec. 3.

new text begin [152.41] PSILOCYBIN THERAPEUTIC USE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of health must establish and administer
a psilocybin therapeutic use program according to sections 152.40 to 152.53 in which
individuals age 21 and older who have a qualifying medical condition and meet the other
eligibility requirements may enroll in the program and are able to access and use psilocybin
in a safe, therapeutic manner.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking; commissioner of health. new text end

new text begin (a) The commissioner must adopt rules
to govern the operation of the program. The rules must at least:
new text end

new text begin (1) specify the qualifying medical conditions that an individual must be diagnosed with
in order to enroll in the program;
new text end

new text begin (2) specify the maximum number of registered patients for whom a designated cultivator
may cultivate psilocybin;
new text end

new text begin (3) establish a standardized questionnaire for use by health care practitioners to conduct
health screenings of individuals seeking to enroll in the program;
new text end

new text begin (4) establish a standardized formal risk assessment tool for use by health care practitioners
to evaluate identified contraindications in individuals seeking to enroll in the program; and
new text end

new text begin (5) establish qualifications to register with the commissioner as a facilitator, including
any additional subjects on which individuals must demonstrate competency and how
individuals must demonstrate competency in the required subjects.
new text end

new text begin (b) The commissioner must consult with the advisory committee in adopting rules under
this subdivision.
new text end

new text begin (c) Rules for which notice is published in the State Register before July 1, 2026, may
be adopted using the expedited rulemaking process in section 14.389. The notice of the
proposed rule for the items in paragraph (a) must be published in the State Register no later
than January 1, 2026.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking; commissioner of agriculture. new text end

new text begin (a) The commissioner of agriculture
must adopt rules to regulate the cultivation of psilocybin by or for registered patients. The
rules must at least:
new text end

new text begin (1) establish the maximum amount of psilocybin a registered patient may cultivate for
the registered patient's personal use and the maximum amount a designated cultivator may
cultivate for personal use by one or more registered patients;
new text end

new text begin (2) establish cultivation requirements to ensure safety and prevent diversion of the
psilocybin being cultivated; and
new text end

new text begin (3) establish limits for the quantity of psilocybin registered patients and designated
cultivators may lawfully possess under the program to ensure an adequate supply for
therapeutic use while reducing the risk of illicit distribution.
new text end

new text begin (b) The commissioner of agriculture must consult with the advisory committee in adopting
rules under this subdivision.
new text end

new text begin (c) Rules for which notice is published in the State Register before July 1, 2026, may
be adopted using the expedited rulemaking process in section 14.389. The notice of the
proposed rule for the for the items in paragraph (a) must be published in the State Register
no later than January 1, 2026.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation and research. new text end

new text begin (a) The commissioner must collect from registered
patients de-identified data on the frequency with which registered patients use psilocybin
in administration sessions, the qualifying medical conditions for which psilocybin is used,
outcomes from psilocybin use experienced by registered patients, and adverse effects of
psilocybin use experienced by registered patients. Registered patients must provide data to
the commissioner in a form and manner specified by the commissioner. The commissioner
must use data collected under this paragraph to evaluate the program and, in consultation
with the advisory committee, develop recommendations to improve the program.
new text end

new text begin (b) The commissioner may support research that investigates novel therapeutic uses of
psilocybin and psilocin. In determining whether to support research initiatives, the
commissioner must consider the recommendations of the task force authorized under Laws
2023, chapter 70, article 4, section 99.
new text end

Sec. 4.

new text begin [152.42] ELIGIBILITY AND ENROLLMENT IN PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Registration system. new text end

new text begin The commissioner must administer a secure
registration system to track patients enrolled in the program while protecting their privacy.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility for enrollment. new text end

new text begin (a) To enroll in the program, an individual must:
new text end

new text begin (1) be 21 years of age or older;
new text end

new text begin (2) submit to the commissioner a written certification from a health care practitioner
dated within 90 days of submission and verifying the individual's diagnosis with a qualifying
medical condition;
new text end

new text begin (3) submit to the commissioner a written certification or certifications from one or more
health care practitioners dated within 90 days of submission and verifying either:
new text end

new text begin (i) that the detailed health screening conducted according to subdivision 3 did not identify
contraindications to the individual's use of psilocybin; or
new text end

new text begin (ii) that the detailed health screening identified contraindications to the individual's use
of psilocybin but a health care practitioner conducted a further evaluation using a formal
risk assessment tool and determined the individual's identified contraindications should not
preclude the individual from using psilocybin; and
new text end

new text begin (4) submit an application to the commissioner in a form and manner specified by the
commissioner.
new text end

new text begin (b) Individuals may apply for enrollment in the program beginning January 1, 2027.
new text end

new text begin Subd. 3. new text end

new text begin Health screening; evaluation. new text end

new text begin An individual who wishes to enroll in the
program must have a detailed health screening performed by a health care practitioner to
identify whether the individual has any significant physical or mental health conditions that
are contraindications to the use of psilocybin. Contraindications may include but are not
limited to cardiovascular disease, psychosis, and bipolar disorders. If the health care
practitioner determines in the screening that the individual has one or more contraindications
to the use of psilocybin, the individual must have the contraindication further evaluated by
a health care practitioner using a formal risk assessment tool. An individual who has an
additional evaluation performed may proceed with an application under subdivision 2 only
if the health care practitioner performing the additional evaluation determines the individual's
identified contraindications should not preclude the individual from using psilocybin.
new text end

new text begin Subd. 4. new text end

new text begin Informed consent. new text end

new text begin Upon receiving the individual's complete application and
certifications required under subdivision 2, the commissioner must provide the individual
with information on the nature of psilocybin use for therapeutic purposes, potential adverse
effects of psilocybin use, and possible interactions between psilocybin and other commonly
used drugs, along with a document, to be signed and returned by the individual, that the
individual has read and understood the information provided and wishes to enroll in the
program. An individual who wishes to proceed with the individual's application must sign
and date the informed consent form and return it to the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Enrollment. new text end

new text begin The commissioner must approve or deny the individual's application
within 60 days after receiving the individual's informed consent form under subdivision 4.
Upon approval of an individual's application and receipt of the enrollment fee required
under section 152.52, the commissioner must register the individual in the program and
issue the individual a card that permits the registered patient to cultivate, possess, transport,
and use psilocybin.
new text end

new text begin Subd. 6. new text end

new text begin Renewal. new text end

new text begin (a) A registered patient's registration is valid for 12 months from the
date of issuance. A registered patient who wishes to renew the registration must, at least 60
days before the registration expires, submit an application for registration renewal; written
certifications that meet the requirements in subdivision 2, paragraph (a), clauses (2) and
(3); and the fee required under section 152.52. The commissioner must approve or deny a
registered patient's renewal application within 60 days after receiving the complete
application and written certifications.
new text end

new text begin (b) A registered patient whose registration expired less than 31 days ago may renew the
registration under paragraph (a). A registered patient whose registration expired 31 or more
days ago must apply for enrollment according to subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Permitted acts. new text end

new text begin (a) Subject to section 152.46, a registered patient is permitted
to:
new text end

new text begin (1) cultivate psilocybin for personal use or designate a cultivator to cultivate psilocybin
for the patient, provided the cultivation is performed according to section 152.43;
new text end

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

new text begin (3) give for no remuneration to another registered patient 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 according to section 152.44.
new text end

new text begin (b) Subject to section 152.46, a designated cultivator registered with the commissioner
is permitted to cultivate and possess psilocybin on behalf of registered patients, provided
the cultivation is performed according to section 152.43 and the total amount possessed
does not exceed the possession limit.
new text end

new text begin (c) Subject to section 152.46, a registered facilitator is permitted, according to section
152.44, to provide services to registered patients in preparation sessions and integration
sessions and to supervise administration sessions of registered patients.
new text end

new text begin (d) No civil or criminal penalty shall be imposed on:
new text end

new text begin (1) a registered patient solely for engaging in an act listed in paragraph (a);
new text end

new text begin (2) a registered designated cultivator solely for engaging in an act listed in paragraph
(b); or
new text end

new text begin (3) a registered facilitator solely for engaging in an act listed in paragraph (c).
new text end

Sec. 5.

new text begin [152.43] CULTIVATION.
new text end

new text begin Subdivision 1. new text end

new text begin Cultivation authorized. new text end

new text begin (a) A registered patient may:
new text end

new text begin (1) cultivate psilocybin for personal use in an amount that does not exceed the cultivation
limit as established by the commissioner of agriculture; or
new text end

new text begin (2) if the registered patient is unable or unwilling to cultivate psilocybin, designate a
cultivator to cultivate psilocybin on the registered patient's behalf for the registered patient's
personal use. A registered patient may compensate a designated cultivator who cultivates
psilocybin on the registered patient's behalf. Compensating a designated cultivator for
cultivation under this clause does not constitute the sale or commercial distribution of
psilocybin.
new text end

new text begin (b) Before cultivating psilocybin for a registered patient, an individual designated by a
registered patient to cultivate psilocybin must register with the commissioner. The cultivator
must include in the application for registration the name of the patient who designated the
cultivator to cultivate psilocybin.
new text end

new text begin (c) A designated cultivator must:
new text end

new text begin (1) cultivate psilocybin only for registered patients in an amount that does not exceed
the cultivation limit as established by the commissioner of agriculture; and
new text end

new text begin (2) not cultivate psilocybin for more registered patients than the maximum number
established by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Secure location. new text end

new text begin Cultivation by a registered patient or designated cultivator
must take place at a 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 age 21
and the dimensions of which do not exceed 12 feet by 12 feet.
new text end

Sec. 6.

new text begin [152.44] LOCATION AND FACILITATOR; ADMINISTRATION SESSIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Location. new text end

new text begin A registered patient may use psilocybin in an administration
session only:
new text end

new text begin (1) at a private residence, including the curtilage or yard of the residence; or
new text end

new text begin (2) 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 Subd. 2. new text end

new text begin Registered facilitator. new text end

new text begin A registered facilitator must be physically present with
a registered patient during an administration session to supervise the registered patient's use
of psilocybin and to contact emergency services if necessary during the administration
session. As a condition of supervising an administration session for a registered patient, a
registered facilitator may require the registered patient to also participate in a preparation
session and an integration session with the registered facilitator. A registered facilitator may
charge a reasonable fee for the registered facilitator's services.
new text end

new text begin Subd. 3. new text end

new text begin Informed consent. new text end

new text begin (a) Before a registered facilitator supervises a registered
patient's administration session, the registered facilitator must provide the registered patient
with information on the nature of psilocybin use for therapeutic purposes, what to expect
in an administration session, potential adverse effects of psilocybin use, and possible
interactions between psilocybin and other commonly used drugs.
new text end

new text begin (b) A registered patient who wishes to proceed with an administration session must sign
and date a document stating that the patient has been informed of and understands the
information provided according to paragraph (a). Registered facilitators must maintain the
signed informed consent documents for two years after receipt.
new text end

Sec. 7.

new text begin [152.45] REGISTERED FACILITATOR.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required; qualifications. new text end

new text begin (a) An individual must register
with the commissioner as a facilitator in order to supervise administration sessions for
registered patients and to provide registered patients with services in preparation sessions
and integration sessions. In order to register as a facilitator, an individual must:
new text end

new text begin (1) be 21 years of age or older; and
new text end

new text begin (2) demonstrate competency, in a manner determined by the commissioner, on facilitator
ethics; the safe use of psilocybin; duties of a facilitator during preparation sessions,
administration sessions, and integration sessions; and other topics as determined by the
commissioner.
new text end

new text begin (b) An individual who holds a license, registration, or certification from a health-related
licensing board as defined in section 214.01, subdivision 2; from the Office of Emergency
Medical Services; or from the commissioner authorizing the individual to practice a
health-related occupation may also serve as a registered facilitator.
new text end

new text begin Subd. 2. new text end

new text begin Application for registration; registration renewal. new text end

new text begin (a) An individual who
wishes to register as a facilitator must apply to the commissioner in a form and manner
specified by the commissioner.
new text end

new text begin (b) A registration issued under this section is valid for 12 months from the date of
issuance. An individual who wishes to renew the individual's registration must apply for
registration renewal, in a form and manner specified by the commissioner, at least 60 days
before the individual's registration expires. In evaluating an application for registration
renewal, the commissioner must consider any complaints reported to the commissioner
under subdivision 3 and may decline to renew an individual's registration if the commissioner
determines, based on complaints received or other evidence, that the individual did not
perform the duties of a facilitator in a safe or ethical manner. The commissioner must
approve or deny a registered facilitator's renewal application within 60 days after receiving
the facilitator's complete application.
new text end

new text begin (c) A registered facilitator whose registration expired less than 31 days ago may renew
the registration under paragraph (b). A registered facilitator whose registration expired 31
or more days ago must apply for registration according to paragraph (a), except the
commissioner must consider any complaints reported to the commissioner under subdivision
3 and may decline to register the individual if the commissioner determines, based on
complaints received or other evidence, that the individual did not perform the duties of a
facilitator in a safe or ethical manner.
new text end

new text begin (d) Individuals may apply for registration as a facilitator beginning October 1, 2026.
new text end

new text begin Subd. 3. new text end

new text begin Complaints. new text end

new text begin The commissioner must accept complaints from registered patients
and other interested individuals regarding a registered facilitator's failure to supervise an
administration session in a safe or ethical manner or failure to provide services in a
preparation session or an integration session in a safe or ethical manner.
new text end

new text begin Subd. 4. new text end

new text begin List of registered facilitators. new text end

new text begin The commissioner must post on the Department
of Health website the names of and contact information for registered facilitators.
new text end

Sec. 8.

new text begin [152.46] LIMITATIONS.
new text end

new text begin Nothing in sections 152.40 to 152.53 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 psilocybin in an amount that exceeds the cultivation limit, or possess,
transport, or give to another registered patient psilocybin in an amount that exceeds the
possession limit;
new text end

new text begin (5) give psilocybin to an individual who is not a registered patient or cultivate psilocybin
for an individual who is not a registered patient;
new text end

new text begin (6) sell psilocybin to an individual or engage in the commercial distribution of psilocybin;
new text end

new text begin (7) engage in the personal use of psilocybin in a public place;
new text end

new text begin (8) 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;
new text end

new text begin (9) possess or engage in the personal use of psilocybin in a state correctional facility;
or
new text end

new text begin (10) if the individual is a registered facilitator, provide services in a preparation session
or integration session to an individual who is not a registered patient, supervise the
administration session of an individual who is not a registered patient, or provide a registered
patient with psilocybin for use in an administration session.
new text end

Sec. 9.

new text begin [152.47] CRIMINAL AND CIVIL PROTECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Forfeiture. new text end

new text begin Psilocybin cultivated or obtained under sections 152.40 to
152.53 and associated property are not subject to forfeiture under sections 609.531 to
609.5316.
new text end

new text begin Subd. 2. new text end

new text begin Protections for public employees. new text end

new text begin Notwithstanding any law to the contrary,
the commissioner, the governor of Minnesota, or an employee of any state agency may not
be held civilly or criminally liable for any injury, loss of property, personal injury, or death
caused by any act or omission while acting within the scope of office or employment under
sections 152.40 to 152.53.
new text end

new text begin Subd. 3. new text end

new text begin Search warrant. new text end

new text begin Federal, state, and local law enforcement authorities are
prohibited from accessing the patient registry under sections 152.40 to 152.53 except when
acting pursuant to a valid search warrant.
new text end

new text begin Subd. 4. new text end

new text begin Evidence in criminal proceeding. new text end

new text begin No information contained in a report,
document, or registry or obtained from a patient under sections 152.40 to 152.53 may be
admitted as evidence in a criminal proceeding unless independently obtained or in connection
with a proceeding involving a violation of sections 152.40 to 152.53. Any person who
violates this subdivision is guilty of a gross misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Possession of registry card or application. new text end

new text begin The possession of a registry card
or application for enrollment in the program by an individual entitled to possess a registry
card or apply for enrollment in the program does not constitute probable cause or reasonable
suspicion, and shall not be used to support a search of the person or property of the individual
possessing the registry card or application, or otherwise subject the person or property of
the individual to inspection by any governmental agency.
new text end

new text begin Subd. 6. new text end

new text begin Employment. new text end

new text begin An employer must not discriminate against a registered patient,
designated cultivator, or registered facilitator in hiring, termination, or any term or condition
of employment, or otherwise penalize a registered patient, designated cultivator, or registered
facilitator based on the registered patient's, designated cultivator's, or registered facilitator's
lawful cultivation, possession, transportation, provision of services in preparation sessions
or integration sessions, supervision of administration sessions, or use of psilocybin under
sections 152.40 to 152.53, 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 registered patient's use of psilocybin directly impacts the registered patient's job
performance or safety requirements of the registered patient's job position.
new text end

new text begin Subd. 7. new text end

new text begin Housing. new text end

new text begin No landlord may refuse to lease to a registered patient or designated
cultivator or evict a registered patient or designated cultivator solely for lawfully cultivating,
possessing, or using psilocybin under sections 152.40 to 152.53, 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. 8. new text end

new text begin Education. new text end

new text begin No school may refuse to enroll a registered patient or designated
cultivator solely for lawfully cultivating, possessing, or using psilocybin under sections
152.40 to 152.53, unless the school's failure to do so would violate federal law or regulations
or would cause the school to lose a monetary or licensing-related benefit under federal law
or regulations.
new text end

new text begin Subd. 9. new text end

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

new text begin A registered patient, designated cultivator,
or registered facilitator must not be denied custody of a minor child or visitation rights or
parenting time with a minor child based solely on the registered patient's, designated
cultivator's, or registered facilitator's lawful cultivation, possession, transportation, provision
of services in preparation sessions or integration sessions, supervision of administration
sessions, or use of psilocybin under sections 152.40 to 152.53, unless the registered patient's,
designated cultivator's, or registered facilitator'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. 10. new text end

new text begin Action for damages. new text end

new text begin In addition to any other remedy provided by law, a
registered patient, designated cultivator, or registered facilitator who is injured by a violation
of subdivision 6, 7, 8, or 9 may bring an action for damages against a person who violates
subdivision 6, 7, 8, or 9. A person who violates subdivision 6, 7, 8, or 9 is liable to the
registered patient, designated cultivator, or registered facilitator injured by the violation for
the greater of the registered patient's, designated cultivator's, or registered facilitator's actual
damages or a civil penalty of $100, plus reasonable attorney fees.
new text end

Sec. 10.

new text begin [152.48] VIOLATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Diversion by registered patient, designated cultivator, or registered
facilitator. new text end

new text begin In addition to any other applicable penalty in law, a registered patient, designated
cultivator, or registered facilitator who intentionally sells or otherwise transfers psilocybin
to a person other than a registered patient is guilty of a felony punishable by imprisonment
for not more than two years or by payment of a fine of not more than $3,000, or both.
new text end

new text begin Subd. 2. new text end

new text begin False statement. new text end

new text begin An individual who intentionally makes a false statement to
a law enforcement official about any fact or circumstance relating to the therapeutic use of
psilocybin to avoid arrest or prosecution is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or by payment of a fine of not more than $1,000,
or both. The penalty is in addition to any other penalties that may apply for making a false
statement or for the possession, cultivation, or sale of psilocybin not protected by sections
152.40 to 152.53. If a person convicted of violating this subdivision is a registered patient,
designated cultivator, or registered facilitator, the person is disqualified from further
participation under the program.
new text end

new text begin Subd. 3. new text end

new text begin Individual under 21 years of age. new text end

new text begin 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 is guilty of a petty misdemeanor punishable by payment of
a fine of not more than $100.
new text end

new text begin Subd. 4. new text end

new text begin Personal use in a motor vehicle. new text end

new text begin 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 Subd. 5. new text end

new text begin Personal use in a public place. new text end

new text begin 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 Subd. 6. new text end

new text begin Possession or personal use at a school. new text end

new text begin 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. 11.

new text begin [152.49] PROTECTIONS FOR HEALTH CARE PRACTITIONERS AND
REGISTERED FACILITATORS.
new text end

new text begin Subdivision 1. new text end

new text begin Health care practitioners. new text end

new text begin The Board of Medical Practice or Board of
Nursing must not impose civil or disciplinary penalties on, or limit or condition the practice
of, a health care practitioner licensed by the Board of Medical Practice or Board of Nursing
solely for certifying that an individual has a diagnosis of a qualifying medical condition
according to section 152.42, subdivision 2, or performing health screenings or additional
evaluations according to section 152.42, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Registered facilitators. new text end

new text begin A health-related licensing board as defined in section
214.01, subdivision 2; the Office of Emergency Medical Services; or the commissioner
must not impose civil or disciplinary penalties on, or limit or condition the practice of, a
registered facilitator who also holds a license, registration, or certification from the
health-related licensing board; Office of Emergency Medical Services; or commissioner
solely for providing services to registered patients in preparation sessions and integration
sessions and supervising administration sessions of registered patients, provided the services
are provided or supervision is performed according to sections 152.40 to 152.53.
new text end

Sec. 12.

new text begin [152.50] 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 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 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

Sec. 13.

new text begin [152.51] DATA PRACTICES; ACCESS TO AND USE OF DATA.
new text end

new text begin (a) Except for the data specified in section 152.45, subdivision 4, data submitted to the
commissioner under section 152.42, 152.43, or 152.45:
new text end

new text begin (1) is private data on individuals as defined in section 13.02, subdivision 12, or nonpublic
data as defined in section 13.02, subdivision 9; and
new text end

new text begin (2) may only be used to comply with chapter 13, to comply with a request from the
legislative auditor or state auditors in the performance of official duties, and for purposes
specified in sections 152.40 to 152.53.
new text end

new text begin (b) The data specified in paragraph (a) must not be combined or linked in any manner
with any other list, dataset, or database, and must not be shared with any federal agency,
federal department, or federal entity unless specifically ordered by a state or federal court.
new text end

Sec. 14.

new text begin [152.52] FEES.
new text end

new text begin (a) The commissioner must collect an annual fee of $....... from each patient whose
enrollment application or renewal application is approved by the commissioner.
new text end

new text begin (b) Notwithstanding paragraph (a), if the patient provides evidence to the commissioner
of receiving Social Security disability insurance, Supplemental Security Income, or veterans
disability or railroad disability payments, or of being enrolled in medical assistance or
MinnesotaCare, the commissioner must collect an annual fee of $....... from the patient after
approving the patient's enrollment application or renewal application.
new text end

new text begin (c) Fees collected under this section must be deposited in the state treasury and credited
to the state government special revenue fund. The commissioner may request appropriations
of fee revenue to distribute as grants to fund Minnesota-based research exploring psilocybin's
effectiveness for additional conditions.
new text end

Sec. 15.

new text begin [152.53] PSYCHEDELIC MEDICINE ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner must establish a Psychedelic Medicine
Advisory Committee to advise the commissioner on the operation of the psilocybin
therapeutic use program under sections 152.40 to 152.53.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory committee shall consist of:
new text end

new text begin (1) ... members with knowledge or expertise regarding the therapeutic use of psilocybin
and other psychedelic medicines or regarding integration resources associated with the use
of psilocybin. The commissioner must make recommendations to the governor for members
appointed under this clause, and the governor must appoint members under this clause; and
new text end

new text begin (2) one member representing Tribal Nations in the state, appointed by the Indian Affairs
Council.
new text end

new text begin (b) Initial appointments must be made to the advisory committee by November 1, 2025.
new text end

new text begin Subd. 3. new text end

new text begin Chairperson. new text end

new text begin Members of the advisory committee must elect a chairperson
from among the advisory committee's members.
new text end

new text begin Subd. 4. new text end

new text begin Terms; compensation; removal of members. new text end

new text begin The advisory committee is
governed by section 15.059, except the advisory committee does not expire.
new text end

new text begin Subd. 5. new text end

new text begin Meetings. new text end

new text begin The advisory committee must meet at least four times per year or at
the call of the chairperson. The initial meeting of the advisory committee must occur by
December 1, 2025, and must be called by the commissioner.
new text end

new text begin Subd. 6. new text end

new text begin Staff support; office space; equipment. new text end

new text begin The commissioner must provide the
advisory committee with staff support, office space, and access to office equipment and
services.
new text end

Sec. 16. 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 purposes of Minnesota Statutes, sections
152.40 to 152.53.
new text end

new text begin (b) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the
general fund to the commissioner of agriculture for purposes of Minnesota Statutes, section
152.41, subdivision 3.
new text end