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HD 188

An Act relative to removing criminal penalties for limited psilocybin possession

194th Legislature (2025-2026) Introduced by Marc Lombardo

Massachusetts bill decriminalizes possession of up to 1 gram psilocybin, replacing it with a $100 civil penalty plus forfeiture; funds harm reduction programs and broad exemptions.

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Bill Summary · HD 188

Summary: Psilocybin Possession Decriminalization and Community Support Act of 2025 (Massachusetts – HD 188)

Overview

HD 188, introduced in the 2025-2026 Massachusetts General Court as the Psilocybin Possession Decriminalization and Community Support Act of 2025, seeks to remove criminal penalties for limited possession of psilocybin/psilocin and replace them with civil penalties. The bill would create a dedicated fund to support harm reduction and community health programs and establish a broad framework for exemptions, enforcement, and grantmaking.

Main Purpose

  • Decriminalize possession of one gram or less of psilocybin/psilocin (excluding weights of non-substance material) by imposing a civil penalty instead of criminal punishment.
  • Channel penalties into a dedicated fund to support harm reduction, education, and community health initiatives.
  • Provide broad exemptions and safeguards to protect certain individuals and activities (e.g., research, traditional/healing use, healthcare professionals).

Key Provisions

New Statutory Section

  • Adds Section 32O to Chapter 94C, defining terms and establishing processes for enforcement, exemptions, penalties, and funding.

Civil Penalty for Limited Possession

  • Possession of one gram or less: civil penalty of $100 plus forfeiture of the substance.
  • No additional criminal or civil punishment or disqualification for this possession.

Exemptions (Civil Penalty Exemptions)

  • A wide range of individuals and contexts are exempt from civil penalties and forfeiture, including:
    • Military veterans and first responders.
    • Individuals with certain mental health, physical health, terminal illness, or end-of-life conditions.
    • Participants in clinical research.
    • Indigenous persons using psilocybin for traditional or ceremonial purposes.
    • End-of-life caregivers, healthcare professionals, and those connected to research approved by an accredited institution.
    • Individuals authorized under future legislation for medical/therapeutic use.
    • Anyone who can show, by a preponderance of evidence, that their use is for therapeutic, spiritual, or personal growth purposes.
  • Courts must interpret exemptions broadly, accept diverse documentation, maintain confidentiality, process exemption requests within 30 days, and not require waivers of medical privacy.

Age-Based Requirements

  • Offenders under 21 must complete:
    • A drug awareness program per §32M.
    • Ten hours of community service.
  • Parents/guardians of offenders under 18 must be notified; failure to comply within one year can trigger a civil penalty of $1,000 and joint liability for payment.

Protections Related to Other Sanctions

  • Civil penalties/records under this section do not automatically affect:
    • Financial aid eligibility, public housing, professional licensing, motor vehicle operation, or custody/visitation rights absent clear danger to a minor.

Enforcement and Procedures

  • Law enforcement must issue standardized civil citations, file copies with the clerk within 24 hours, and forward forfeited substances for analysis.
  • Clerk magistrates docket citations, schedule hearings if requested, and remit collected penalties to the State Treasurer for deposit in the Psilocybin Fines Trust Fund.

Psilocybin Fines Trust Fund and Grants

  • Establishes a dedicated fund funded by civil penalties, interest, and external contributions.
  • Administered by the Department of Public Health.
  • Used to support:
    • Community harm reduction grants
    • Public health education, outreach, testing services
    • Crisis intervention, peer support, and training
    • Research, program evaluation, and education materials
  • Administrative costs capped at 5% of annual collections.

Impact and Implications

  • Redirects a portion of enforcement from criminal penalties to civil penalties and public health interventions.
  • Expands access to harm reduction services and community-based supports through grant funding.
  • Creates a structured, document-supported exemption framework with a focus on privacy and timely processing.
  • Potentially reduces barriers to individuals seeking help or engaging with research and traditional practices, while providing safeguards for at-risk groups.

Status and Timeline

  • Filed for consideration as House Docket No. 188 (House No. 1858) with initial text in January 2025; introduced in 2025-2026 session. The provided information lists the introduced date as January 7, 2025; no final status is given in the excerpt.

Compiled from official sources — confirm details with the bill’s official record.

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