The New Hampshire Senate has scheduled a vote on legislation to decriminalize psilocybin for June 5.
If House Bill 528 is given approval by the full Senate, it will first return to the House for a concurrence vote on Senate amendments before being sent to Governor Kelly Ayotte.
Sponsored by State Representative Kevin Verville (R), HB 528 received strong bipartisan support in the House last month. Initially written to fully legalize the personal use and possession of psilocybin, the bill was amended in committee to instead focus on decriminalization. Under the current language, a first offense for adult possession of psilocybin would be considered a civil violation with a fine of up to $100. A second or third offense would be treated as a class B misdemeanor, punishable by a fine of up to $1,000 without any risk of jail time.
Before advancing the bill to the full Senate, the Judiciary Committee adopted a new amendment in a narrow 3 to 2 vote. The amendment added provisions that establish mandatory minimum sentences for certain fentanyl-related crimes and for drug distribution resulting in death. Rep. Verville said the fentanyl provision is a fair trade-off if it helps to get psilocybin decrim through the legislature.
If ultimately enacted, the psilocybin-related provisions of the bill would take effect on January 1, 2026.
