Navigating Psychedelic Policy in the Northeast

As psychedelic substances gain recognition for their therapeutic potential, policy in the Northeast is rapidly evolving, reflecting a growing acknowledgment of the benefits these substances can offer, particularly in mental health treatment. States across this region are taking varied approaches to regulating psychedelics, from therapeutic programs and decriminalization efforts to comprehensive studies and commissions. 

Connecticut

In 2021, Connecticut passed a bill mandating the Department of Mental Health and Addiction Services create a task force to study the therapeutic potential of psilocybin. In 2022, the task force delivered their report, where they found that psilocybin shows promising results as a treatment for certain behavioral health conditions, including substance use disorders, depression, and end-of-life anxiety.

In March 2024, Connecticut’s Joint Judiciary Committee passed House Bill 5297, “An Act Concerning the Decriminalization of Possession of Small Amounts of Psilocybin.” Pursuant to the bill, possession of up to a half-ounce of psilocybin would have been subject to a $150 fine without jail time. The bill was referred to the House Committee of Transportation on April 16, 2024, where it died in committee at the end of the legislative session.

Maine 

On April 9, 2024, Maine lawmakers passed Senate Bill 1914, sending it to Governor Janet Mills. The bill would establish a commission to study and make recommendations on regulating access to psychedelic services. The commission will focus on creating a legal framework for the therapeutic use of psychedelic compounds, including psilocybin if signed. Initially, the bill aimed to legalize psilocybin and allow adults aged 21 years and older to use it at licensed facilities, but it was significantly revised during the committee process to instead form a commission that will study ways to implement therapeutic access to psilocybin in the State. 

Senator Bailey previously introduced a similar psilocybin access proposal in 2022, which passed the Senate but stalled in the House. Currently, SB 1914 is in carry-over status, which means it will be revisited during the next legislative session. Once the House and Senate revisit the bill, the Governor will have 10 days to sign the bill. If she rejects the bill, it will return to the House where a two-thirds majority will be required to override the veto. If the bill is not signed within 10 days, and the legislature is still in session, the bill will become a law.

Massachusetts

On October 27, 2023, proponents of an “Initiative Petition for a Law Relative to the Regulation and Tax of Natural Psychedelics” (23-13 and 23-14) collected the required 74,574 signatures to submit two versions of the ballot measure to the Secretary of State for verification. Massachusetts for Mental Health Options, the organization leading the initiative, has pledged to only pursue version A, which includes provisions permitting possession and cultivation for adults aged 21 and older. Under version A, adults would be allowed to cultivate psilocybin in a 12 by 12-foot space, possess one gram of DMT, 18 grams of non-peyote mescaline, 30 grams of ibogaine, and one gram of psilocybin. The penalty for possession up to double the limit would be a $100 civil fine, with any amount more than that remaining criminalized. The organization is now set to gather another 12,429 signatures for a potential ballot placement by July 3, 2024.

Notwithstanding Measure 23-13 and 23-14, advocacy groups seek to replace Massachusetts for Mental Health Options’ ballot question with two pieces of legislation: Senate Bill 1009, “An Act Relative to Plant Medicine,” and House Bill 3605,“An Act Concerning the Legal use of the Plant Medicine Known as Psilocybin for Therapeutic, Spiritual, and Medicinal Purposes.” SB 1009, spearheaded by Patricia Jehlen (D), would permit adults to cultivate and exchange small amounts of psilocybin for personal use. Specifically, adults ages 18 and older would be permitted to possess, use, cultivate, and share up to two grams of psilocybin, psilocin, DMT, ibogaine, and non-peyote mescaline. The Joint Committee on The Judiciary is set to vote on the bill on June 30, 2024.

HB 3605, introduced by Nick Boldyga (R), would establish access to psychedelic assisted therapies for adults aged 18 and older, as well as create facilitator licensing protocols. Facilitators would be required to undergo a training program from a licensed school, consisting of no fewer than 20 hours and no more than 300 hours, 20 of which include in-person practical training. Facilitators would also be required to pay a $155 fee every other year—the same price other licensed counselors in Massachusetts pay. The legislation waives this fee for EMT’s, paramedics, and veterans who were honorably discharged. The bill was heard by the Joint Committee on Public Health on June 6, 2024, where it will return for a final vote and hopefully head to the Governor’s desk. 

Additionally, on May 22, 2024, the Massachusetts Senate passed a bill to support military veterans that includes provisions to establish a psychedelic working group to explore the therapeutic benefits of substances like psilocybin and MDMA. Introduced by Maura Healy, the Honoring, Empowering and Recognizing Our Servicemembers and Veterans (HERO Act), or House Bill 4671, is a comprehensive proposal centered on limited veteran access to psychedelic therapies. The legislation narrows the focus of psychedelic research to psilocybin, MDMA, and ketamine. It has been approved in different forms by both the House and Senate. The House version was further amended to include a pilot program to study medical cannabis as an alternative to opioids for veterans. The Senate’s amended version of the House measure passed unanimously with a 38-0 vote. On June 26 and 27, the House and Senate respectively appointed committee members to agree upon a final version before the bill can be sent to the Governor.

New Jersey

On February 22, 2021, New Jersey passed Assembly Bill 1897 reducing penalties for psilocybin possession up to one ounce. Prior to its passage, the offense was punishable by up to five years in jail and fines of up to $15,000. Now, offenders are subject to a fine up to $1,000, up to six months in jail, or both. 

On January 9, 2024, the New Jersey legislature introduced Senate Bill 2283, the Psilocybin Behavioral Health Access and Services Act, where it was promptly referred to the Senate Health, Human Services and Senior Citizens Committee. The bill was designed to legalize personal use of psilocybin, permitting adults 21 years of age and older to possess up to four grams of psilocybin as well as to create a regulated access model. On June 6, 2024, New Jersey’s Assembly Health Committee amended the bill to remove the legalization provisions and focus solely on therapeutic access.

SB 2283 assigns the Department of Health (DOH) the responsibility of licensing and regulating the manufacture, testing, transport, delivery, sale, and purchase of psilocybin. Five types of licenses will be available: manufacturer, service center operator, testing laboratory, facilitator, and psilocybin worker. A proposed Psilocybin Advisory Board would establish medical conditions qualifying for use, propose guidelines for services and dosage, develop safety screenings and informed consent practices, and oversee facilitator education and conduct.

The bill also includes language that provides for the creation of a social equity program. The program would provide financial assistance for low-income individuals seeking psilocybin services and directs the DOH to establish programs for reduced fees and other support services. Reflecting the shift to a therapeutic model, the bill changes “clients” to “patients” and “integrated session” to “integrated therapy session.” If adopted as currently drafted, patients with qualifying conditions will need a referral from a licensed healthcare professional to access psilocybin services, which will include mandatory preparation and integration sessions before and after administration. A timeline has not yet been established for the regulatory access model, so it’s unclear when people would be able to access care if the bill passes. On June 6, 2024, SB 2283 was referred to the Senate Budget and Appropriations Committee. 

New York

In May 2024, New York Assembly Health Committee Chair Amy Paulin introduced Assembly Bill 10375 to legalize psilocybin for adults who obtain a permit after completing a health screening and educational course. The bill tasks the State Department of Health with regulating the program, licensing psilocybin cultivators, and issuing permits to adults. Permit holders may legally grow, possess, use, and share psilocybin with other permit holders if the legislation is passed.

To obtain a permit, individuals would be required to complete a mandatory educational course of up to five hours and pass a health screening. The bill outlines various conditions, including anxiety, depression, and PTSD that could be treated with psilocybin, but eligibility is not limited to these conditions. Entities providing supportive services could also receive certifications.

The bill also includes reduced penalties for possession. Unauthorized use, cultivation, or sale of psilocybin would be considered a violation, punishable by a fine of up to $250 and a maximum of 15 days in jail. This approach reduces penalties without broadly decriminalizing psilocybin.

​​The legislation proposes establishing a “Regulated Psilocybin Advisory Board” under the Department of Health to provide recommendations and develop a strategic plan to create a therapeutic access model for psilocybin services for adults aged 18 and older. Additionally, the department must create a tax framework for psilocybin service providers, with taxes and fees covering administrative costs. The bill was advanced to the Assembly Health Committee for review on May 21, 2024.

Rhode Island

On January 5, 2024, Rep. Brandon Potter (D) introduced a bill, HB 7047, aimed at legalizing psilocybin mushrooms in the State. This legislation would temporarily remove penalties for possession, home cultivation, and sharing of psilocybin until 2026. The bill does not propose a retail market or therapeutic access model for psilocybin until federal reform is implemented. In the meantime, it would allow up to an ounce of psilocybin to be exempt from the State’s Controlled Substances Act if cultivated in a private residence for personal use. On February 1, 2024, Rhode Island’s House Judiciary Committee recommended the measure be held for further study. 

Vermont

On May 29, 2024, Vermont Governor Phil Scott signed S. 114, “An act relating to the establishment of the Psychedelic Therapy Advisory Working Group,” to create a working group to explore psychedelic-assisted therapies. Although initially designed to decriminalize psychedelics for adults aged 21 and older in the State, the bill was altered by the Senate Health and Welfare Committee to only include provisions for a working group. 

This law does not alter the legal status of psychedelics in the State. Instead, it creates an eight-member task force to review current research on the public health benefits and risks of clinical psychedelic treatments, as well as the laws and programs of other states that have permitted the therapeutic use of psychedelics.

As the Northeast navigates the evolving landscape of psychedelic policy, states are demonstrating innovative approaches to integrating these substances into therapeutic frameworks. This regional momentum highlights a broader recognition of the potential benefits psychedelics can offer for mental health treatment, signaling a promising shift towards more informed policies.