New Hampshire Senators Approve Psilocybin Decriminalization Bill

A New Hampshire Senate panel has advanced a House-passed bill to decriminalize the use and possession of psilocybin by adults.

The measure, sponsored by Rep. Kevin Verville (R), cleared the Senate Judiciary Committee on a 3-2 vote on Tuesday. It previously passed the full House of Representatives in March.

Before approving the legislation, members of the Senate panel attached an amendment that would enact mandatory minimum sentences for certain fentanyl-related offenses and for distribution of drugs that result in a user’s death.

Sen. Tara Reardon (D) asked colleagues if the idea is that “we’re trading” the House-favored move to reduce psilocybin penalties in exchange “for enhanced penalties” on fentanyl that were contained in a separate bill that passed the Senate in January and has since remained pending before the House Judiciary Committee for months.

“One might say that, yes,” replied Chairman Bill Gannon (R).

Under the psychedelic-focused provisions of HB 528, a first psilocybin offense would be a violation, subject to a fine of $100 or less.

Second and third psilocybin offenses, meanwhile, would be class B misdemeanors, carrying fines of up to $500 and $1,000, respectively, but with no risk of jail time. Fourth and subsequent offenses would remain classified as felonies.

Sales and distribution of the substance would still be illegal, as the reform would apply only to “a person 18 years of age or older who obtains, purchases, transports, possesses, or uses psilocybin.”

As originally introduced, the legislation would have completely removed penalties around obtaining, purchasing, transporting, possessing or using psilocybin, effectively legalizing it on a noncommercial basis. However a House committee amended the bill before unanimously advancing it in March.

Verville previously told Marijuana Moment that the House’s passage of his psilocybin bill was “an historic, albeit small first step on our journey to correct 60 years of demonstrably failed policy on psychedelics.”

“This bipartisan, common sense legislation will end the decades long terror of becoming a felon for possession of mushrooms that grow naturally in New Hampshire, North America, and across the globe,” he said. “Our fight is far from over. Our attention will now turn to the NH Senate, in hopes of having them concur with the position of the House, and then beseech our governor to allow the bill to pass into law.”

The measure now proceeds to the floor of the Senate, which has historically resisted House-passed drug policy reform measures, including those to legalize marijuana, where its fate is uncertain. If approved there, it would return to the House in its amended form, where representatives would need to decide whether to accept the newly added fentanyl penalties.

Meanwhile, recent state polling suggests New Hampshire residents strongly legalizing marijuana. Late last month, a Granite State Poll, from the University of New Hampshire’s States of Opinion Project, found 70 percent support for the reform, including majorities of Democrats, Republicans and independents.

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