Massachusetts State Representative Patrick Kearney (D) has introduced legislation that would legalize and regulate psilocybin, creating a comprehensive framework to oversee its cultivation, distribution, and use.
The proposal, House Bill 4050, was filed yesterday and has been referred to the Joint Committee on Revenue. If enacted, the measure would remove psilocybin and psilocyn from the state’s list of controlled substances and authorize individuals 21 and older to use psilocybin under a regulated permit system.
The Department of Public Health would oversee the program, issuing permits to individuals who complete a health screening and an educational course known as the Psilocybin Regulation Educational Permit (PREP).
The bill outlines a framework for licensed cultivation, allowing permit holders to purchase psilocybin-containing fungi directly from licensed cultivators or grow a limited amount for personal use. It prohibits public use near schools and restricts transactions to noncommercial sharing unless conducted by a licensed business.
HB 4050 also establishes a tax credit of up to $5,000 for small cultivators and individuals with past psilocybin-related convictions who enter the legal industry. It includes protections for healthcare providers, support service workers, and caregivers who assist permit holders.
Additionally, the measure creates a certification system for support services providers and offers state-subsidized support and psychedelic-assisted therapy for low-income residents. A 13-member advisory board would be formed to guide policy implementation and update health and safety standards.
The Department of Public Health would be required to finalize regulations within 180 days of enactment, with permit issuance and cultivator licensing as early priorities.
Jamie Morey, co-founder and Executive Director of Mass Healing, says “I’m so grateful to Rep. Kearney and other lawmakers who have educated themselves on this issue, choosing science over stigma, and can see the immense potential of psychedelic medicines to be a powerful tool in addressing our nation’s mental health crisis, helping to reduce suicide and substance use epidemics faced by our veterans, first responders, and average citizens. Massachusetts has long been a national leader in healthcare innovation and policy, our leading institutions–including Harvard University and Mass General Hospital–are supportive of psychedelic-assisted therapy, and our citizens want and deserve access to this care. We are so appreciative of lawmakers like Rep. Kearney for introducing legislation with the power to transform and save countless lives.”
The campaign’s internal polling suggests around two-thirds of Massachusetts voters support therapeutic access to psychedelics and over half support removing criminal penalties for personal use (a stance that the American Medical Association and the Massachusetts Medical Society endorse) although many are uncomfortable with unregulated home cultivation and distribution for all adults.
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