New Minnesota Bill Would Create State-Regulated Therapeutic Psilocybin Program

A Minnesota lawmaker has filed legislation that would create a system to allow legal access to psilocybin for medical purposes, just days after introducing a separate bill that would legalize personal psilocybin use and possession among adults.

The new proposal—HF 2906, from Rep. Andy Smith (DFL) and four cosponsors—would allow adults 21 and older to access psilocybin in supervised administration sessions with a state-registered facilitator. They would first need to be diagnosed with a qualifying medical condition—to be determined by state officials—and undergo a screening for certain risk factors.

Unlike therapeutic psilocybin programs in states like Oregon and Colorado, however, registered patients could also cultivate psychedelic mushrooms, as well as gift them to other registered patients. They could also designate cultivators to grow psilocybin on their behalf.

“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,” the bill says. “This act draws on the successes and lessons of Minnesota’s medical cannabis program and emphasizes compassionate access, harm reduction, and patient safety.”

While psilocybin use itself would need to be done with supervision of a facilitator, it could take place at a private residence, including in the yard, or on other private property unless prohibited by the owner.

Facilitators could—but would not need to—require patients to participate in a preparation session before psilocybin administration as well as an integration session afterward. They could also charge “a reasonable fee” for their services.

Qualifying conditions and some other key details of the therapeutic program would be determined by the state commissioner of health. Other duties would include establishing qualifications for facilitators, setting rules around designated cultivators and the maximum number of patients for whom they can produce psilocybin, creating standardized questionnaires and formal risk assessment tools as well consulting with a new state advisory committee.

That committee, the state Psychedelic Medicine Advisory Committee, would issue recommendations to regulators about the operation of the program. It would include an unspecified number of 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” as well as a member representing Tribal Nations in the state.

To apply, adults would need first be screened for certain conditions deemed risky for psilocybin use, for example cardiovascular disease, psychosis or bipolar disorder. Individuals with such a condition would need further evaluation before proceeding, and they could apply for the program only if providers feel the conditions “should not preclude the individual from using psilocybin.”

Home cultivation would need to occur in “an enclosed, locked space that is not accessible to the public or by individuals under age 21,” and is smaller than 12 feet by 12 feet.

The legislation also contains a section authorizing the state to charge patients a fee, but the amount in the bill as filed is left blank.

Regulators would additionally be charged under the measure with developing and implementing a public education campaign about the responsible use of psilocybin, its risks, harm reduction strategies and mental health resources. They would also be required to design and offer training programs for first responders “on best practices for handling situations involving the use of psilocybin.”

Introduction of the psilocybin-assisted therapy bill comes just days after Smith unveiled a separate measure that would legalize non-commercial psilocybin in the state, removing civil and criminal penalties around possession and use. It would establish a state Psychedelic Medicine Board to set possession limits.

That legislation, HF 2699, says the reform is meant to “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.”

Both measures were largely informed by the findings and recommendations of a task force that was established under a separate bill that Gov. Tim Walz (D) signed into law in 2024.

Smith told Marijuana Moment in an interview that he thinks both bills have “a good chance” in the legislature, but he predicted that fellow lawmakers will be more amendable to the personal use bill than establishing a therapeutic psilocybin system, as the latter “requires a whole lot more” funding and administrative support.

“I think both have a good chance,” the sponsor said. “But I think that the greater chance is certainly with the decriminalization bill.”

In general, he added, colleagues have been notably open to discussing the reforms.

“I do find in these conversations around psychedelic medicine that…people are just much more willing to hear it,” Smith said. “And part of that, I think, is all of our communities have been affected by mental health disorders of all kinds, and we know as a society that we need to do better by those folks and families.”

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Given other legislative priorities, however, such as passing the budget—as well as political complications with Democrats and Republicans now evenly split in the legislature this session—Smith told Marijuana Moment that he doesn’t anticipate the proposals will begin moving through the committee process until next year. It’s also possible, he noted, that lawmakers could hold informal hearings with stakeholders sooner than that, outside of the formal calendar.

Asked about the prospect of the bills’ passage in the current political climate, he said it’s “hard to gauge right now” but feels there’s a “large enough runway” in the two-year session to advance the reforms.

With respect to the psychedelics task force Smith that sat on that advised the legislature earlier this year, the roughly two-dozen-person panel includes lawmakers and agency representatives as well as a host of others appointed by the governor with experience in health policy, mental health, substance use disorders, veterans health and psychedelic medicine.

Three of the proposals the group considered earned the required support of two-thirds of members to become official recommendations.

The approved recommendations were:

• Create a state-regulated clinical program for the therapeutic administration of psilocybin-containing mushrooms.
• Remove criminal penalties for the personal use and possession of psilocybin-containing mushrooms.
• Allocate funding for more research into the health benefits of MDMA, psilocybin, and LSD.

In addition to creating the psychedelics task force, the omnibus bill that created the Psychedelic Medicine Task Force also included provisions to establish safe drug consumption sites.

A separate Minnesota law also took effect last year that legalized drug paraphernalia possession, syringe services, controlled substances residue and testing.

Additionally this month, a legislative committee in the state given approval to a plan that would expand eligibility for expungement of marijuana-related criminal records and resentencing.

Kyle Jaeger contributed reporting to this story.

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