Magic mushroom personal use penalties in MN eliminated in new bill
The Brief
A new bill would erase criminal and civil penalties for the use and possession of psilocybin – often found in "magic mushrooms" – for those 21 years old and older.
The bill is said to help "reduce the burden on the criminal justice system" by allowing the personal use and cultivation of the psilocybin-containing mushrooms in a private residence.
The proposal would also establish the Psychedelic Medicine Board "to ensure the safe and appropriate use of psilocybin in the state." It would in part be tasked with setting possession limits.
ST. PAUL, Minn. (FOX 9) - A new bill before lawmakers would eliminate criminal and civil penalties for the personal use and possession of psilocybin – often found in the recreational drug "magic mushrooms" – for people 21 and older in Minnesota.
What we know
Under H.F. 2699, sponsored by Rep. Andy Smith (DFL-Rochester), eliminating the penalties associated with the psychedelic would "reduce the burden on the criminal justice system, promote harm reduction, and enable individuals to make personal decisions regarding use… without fear of prosecution."
The bill would allow for the personal use and cultivation of psilocybin-containing mushrooms in a private residence in Minnesota, so long as they are in an enclosed space that does not exceed 12 feet by 12 feet, without the risk of being charged with a crime.
However, it would also pose restrictions on the usage of them.
In addition to being 21 or older, a person could not operate a motor vehicle on a street or highway under the influence of psilocybin, possess it near a school, or engage in its commercial distribution. The law change would define "psilocybin" as any mushroom, in raw or prepared form, that contains the psychoactive compound psilocybin.The bill would also establish the Psychedelic Medicine Board, with a mission "to ensure the safe and appropriate use of psilocybin in the state." The board would be tasked with setting an appropriate possession limit that could then be enforceable.
Why you should care
The bill doesn't propose a free for all, though.
Once set by the Psychedelic Medicine Board, a person under 21 found in possession of psilocybin could face a petty misdemeanor, and a $100 fine.
Meanwhile, a person over 21 years old who uses psilocybin in a public place could also be found guilty of a petty misdemeanor.
Someone found to be under the influence of psilocybin while driving a vehicle on a street or highway could face a misdemeanor, and someone found in possession on the grounds of a public school could face the same.
Dig deeper
In January, Minnesota's Psychedelic Medicine Task Force released a report of findings – in which one of their recommendations was to decriminalize mushrooms.
In the report, the task force said that they saw evidence that mushrooms can help people with mood disorders, anxiety and alcohol abuse, while veterans in the group said it helped them with treatment-resistant PTSD.
A supermajority of the group endorsed three recommendations:
Creating a state-regulated clinical program for therapeutic psilocybin-containing mushrooms.
Decriminalizing the use and possession of psilocybin-containing mushrooms.
Funding more research into potential health benefits of MDMA, psilocybin, and LSD.
A full copy of the report can be found here.
What's next
Officially introduced in the House on Monday, it was referred to the House Health Finance and Policy Committee.
No committee hearing scheduled yet, but its author expects a Senate counterpart within the final weeks of the legislative session.
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