An Act relative to criminal disposition of limited psilocybin possession offenses

194th Legislature (2025-2026) Introduced by Homar Gomez

Allows courts to dismiss cases for simple psilocybin possession if offender is 21+, not driving, and no harm to children or others.

Accompanied a study order, see H5281 (under House Rule 27)

No Harm No Foul Act (H 1726) — Comprehensive Summary

Overview

H 1726, titled “An Act relative to criminal disposition of limited psilocybin possession offenses” and known as the No Harm No Foul Act, would provide a targeted mechanism to dismiss criminal complaints for simple possession of psilocybin (no intent to distribute) under specific conditions. The bill was introduced on February 27, 2025, and is currently scheduled for a Judiciary Committee hearing on July 15, 2025 (in person in room A-2 with a virtual option). The bill is identified as House Bill 1726 and is associated with HD 3895 (replaces).

Key Provisions

Legislative change to Section 34 of Chapter 94C by adding a sixth paragraph.

New dismissal standard: A complaint for simple possession of psilocybin may be dismissed if, at the time of the alleged offense, the defendant satisfied all three criteria and there is no indication of visible harm to health or safety of others.

Criteria: 1) The defendant was over 21 years of age. 2) The defendant was not operating a motor vehicle. 3) The offense endangered no children.

Scope: Applies to psilocybin possession offenses that are simple possession (no intent to distribute).

Who Is Affected

Individuals charged with simple possession of psilocybin (not possession with intent to distribute) in Massachusetts.

Courts, prosecutors, and defense counsel would gain a discretionary dismissal pathway contingent on the specified conditions.

Law enforcement and the criminal justice system would encounter an alternate disposition option that avoids conviction under certain circumstances.

Procedural and Timeline Details

Introduced: February 27, 2025.

Referred to: The Judiciary.

Legislative actions show a series of hearing date adjustments in July 2025, culminating in a scheduled hearing on July 15, 2025, with updated times and a virtual option.

Related action: Senate concurrence noted on February 27, 2025, and a related bill HD 3895 noted as replacing the measure.

Potential Impact

Procedural: Creates an optional, court-ordered dismissal for qualifying cases, potentially reducing stigma and collateral consequences of a criminal record for adults who possessed psilocybin without intent to distribute and who did not cause harm to others.

Public safety and policy: Targets minor possession offenses with a harm-reduction approach, aligning penalties with actual harm and age-based considerations.

Administrative: Requires judicial assessment to verify age, vehicle status, absence of harm to children, and lack of visible harm before dismissal.

Related Legislation

Related Bill: HD 3895 (noted as replacing the measure).

This bill is part of the Judiciary agenda for the 2025-2026 General Court session.

If you’d like, I can provide a side-by-side comparison with current statute (Chapter 94C) or outline potential pros and cons raised by proponents and opponents.