The New Hampshire Senate is set to vote Thursday, June 5, on legislation that would decriminalize the possession of psilocybin (the psychedelic compound found in magic mushrooms).
Dried psilocybin mushrooms.
House Bill 528, sponsored by State Representative Kevin Verville (R), passed the House with strong bipartisan support in May. While the original version of the bill would have fully legalized personal use and possession of psilocybin, lawmakers in committee narrowed the scope to decriminalization. As currently written, a first offense for adult possession would carry only a civil fine of up to $100. A second or third offense would be classified as a class B misdemeanor, with a fine of up to $1,000 and no potential jail time.
Ahead of the full Senate vote, the Judiciary Committee approved a new amendment in a 3 to 2 vote adding unrelated provisions, including mandatory minimum sentences for fentanyl-related crimes and for drug distribution resulting in death.
If the bill passes the Senate, it will head back to the House for a concurrence vote before being sent to Governor Kelly Ayotte. The psilocybin-related provisions would take effect January 1, 2026, if the legislation becomes law.
If it reaches her desk, Governor Kelly Ayotte has not given an opinion about whether she will sign it into law, allow it to become law without a signature, or veto it. However, proponents of the measure are hopeful that given it has bipartisan support, she will at least allow it to become law without her direct approval.
