SF3971

Purpose

This act aims to establish a legal, regulated framework for the therapeutic use of psilocybin for adults 21 and older who have a qualifying medical condition. It looks to recreate some of the structure of Minnesota’s medical cannabis program, focusing on compassionate access, harm reduction, and patient safety. It creates a state-run program with rules, licensing for facilitators, designated cultivators, and health care oversight, and it includes protections for patients and clear penalties for violations.

Key terms and program definitions

• Psilocybin and Psilocin: the psychoactive substances found in certain mushrooms.
• Psilocybin Therapeutic Use Program: the state program that allows enrolled patients to access psilocybin for treatment.
• Registered Patient: a Minnesota resident enrolled in the program and certified by a health care practitioner as having a qualifying medical condition.
• Health Care Practitioner: a Minnesota-licensed physician, advanced practice registered nurse, or physician assistant who certifies conditions and screens patients.
• Registered Facilitator: a person registered with the state to supervise administration sessions and to conduct preparation and integration sessions.
• Designated Cultivator: a person designated by a registered patient to cultivate psilocybin on the patient’s behalf.
• Administration Session: a session during which a registered patient uses psilocybin under supervision.
• Preparation Session: a session before an administration session to prepare the patient.
• Integration Session: a session after an administration session to integrate the experience.
• Advisory Committee: the Psychedelic Medicine Advisory Committee that advises on program rules and practices.
• Qualifying Medical Condition: a medical condition designated by the health commissioner for which psilocybin could be an appropriate therapeutic use.
• Private Location Rules: sessions and cultivation occur in controlled, private spaces rather than public settings.
• Secure Registry: a privacy-protected system to track enrolled patients.

Establishment of the program and rulemaking

• The Commissioner of Health must establish and run the psilocybin therapeutic use program and may adopt rules governing operation.
• Rules must cover: qualifying medical conditions, maximum patients per designated cultivator, standardized health screenings, risk assessment tools, and facilitator qualifications and competency requirements.
• The Commissioner must consult the advisory committee when adopting rules and may use expedited rulemaking for certain items if notices are published, with proposed rule notices required by early 2026.
• Agriculture rules must regulate cultivation by or for registered patients, including cultivation limits for personal use, safety measures to prevent diversion, and limits designed to ensure an adequate supply for therapeutic use.

Eligibility, enrollment, and health screening

• Enrollment requires: age 21+, a written diagnosis from a health care practitioner within 90 days, and certifications showing either no contraindications or a formal risk assessment showing contraindications that do not preclude use.
• Enrollment opens to the public on January 1, 2027.
• Health screening must identify significant physical or mental health contraindications (e.g., cardiovascular disease, psychosis, bipolar disorders). If contraindications are found, a formal risk assessment must be used to determine if enrollment may proceed.
• Informed consent must be provided, explaining the nature of psilocybin use, potential adverse effects, and possible drug interactions; patients must sign and have records kept for two years.

Enrollment decisions and program access

• Enrollment decisions are made within 60 days of receiving the informed consent and required certifications.
• Approved enrollees receive a registry card that allows cultivation, possession, transport, and use of psilocybin within program limits.
• Registration remains valid for 12 months and can be renewed with updated certifications and fees; renewal decisions are made within 60 days.

Cultivation and personal use

• A registered patient may cultivate psilocybin for personal use up to a state-set limit or designate a cultivator to cultivate on the patient’s behalf; compensation to the cultivator for growing psilocybin does not count as selling.
• A designated cultivator must register with the state and identify the patient they are cultivating for.
• Cultivation must occur at a private residence of an adult (21+) in a secure, locked space (not accessible to the public) with size limitations (12 by 12 feet maximum).
• Cultivation limits for the total number of patients a cultivator can serve are set by rule.

Location, administration, and facilitator requirements

• Administration sessions must take place at a private residence or private property not generally open to the public (unless the owner restricts use).
• A registered facilitator must be physically present to supervise administration sessions and may require the patient to participate in preparation and integration sessions; facilitators may charge a reasonable fee.
• Informed consent for administration sessions must be provided and retained for two years.

Facilitator registration and oversight

• Individuals seeking to register as facilitators must be at least 21 and demonstrate competency in ethics, safe use of psilocybin, and the duties of a facilitator across preparation, administration, and integration sessions.
• Health-related licensees can also serve as registered facilitators.
• Facilitators’ registrations are valid for 12 months, with renewals due at least 60 days before expiration; renewal decisions may consider complaints and safety/ethical performance.
• The state will maintain a list of registered facilitators on the Department of Health website, and complaints about facilitators can be filed with the commissioner.

Limitations, protections, and exemptions

• The act prohibits under-21 use, using psilocybin in a motor vehicle, operating a vehicle under the influence, possession or cultivation beyond allowed limits, selling or distributing to non-patients, use in public places, use on school grounds, or providing services to non-patients.
• Civil and criminal protections include: no forfeiture of psilocybin or related property under standard forfeiture laws; immunity for public employees acting within the program; restricted access to the patient registry by law enforcement without a valid warrant; evidence from the registry not admissible in most criminal prosecutions unless independently obtained; registry card possession not being probable cause for search.
• Employment, housing, and education protections: employers, landlords, schools, and housing providers cannot discriminatorily penalize participants or designated cultivators for lawful program participation, unless non-compliance would conflict with federal law or jeopardize benefits.
• Custody and visitation protections: participation in the program cannot automatically bar a parent from custody or visitation unless it presents a danger to a child, as proven by clear and convincing evidence.
• A damages provision allows injured participants/designated cultivators/facilitators to seek damages for violations of certain protections.

Violations and penalties

• Diversion: intentionally selling or transferring psilocybin to non-patients is a felony (up to 2 years in prison or a fine up to $3,000 or both).
• False statements: intentionally lying to law enforcement about the therapeutic use is a misdemeanor (up to 90 days in jail or a $1,000 fine).
• Under-21 violations: engaging in personal use, possession, or transport near or at under-21 levels is a petty misdemeanor with a fine up to $100.
• Personal use in motor vehicles: a general misdemeanor.
• Personal use in public places: a petty misdemeanor.

Significant changes from current law

• Creates a comprehensive, state-regulated psilocybin therapeutic use program with defined roles (registered patients, registered facilitators, designated cultivators) and oversight by the Department of Health and, for cultivation, the Department of Agriculture.
• Establishes formal health screenings, risk assessments, and informed consent processes for enrollment.
• Allows cultivation by patients or designated cultivators under strict limits and secure, private settings; creates rules to prevent diversion and ensure supply.
• Introduces protected status and civil liberties for participants (employment, housing, education, custody) and robust privacy protections around patient data.
• Provides penalties and enforcement provisions focused on preventing non-patient sales, false statements, and underage use, while carving out regulated, therapeutic activities from typical criminal penalties.

Timeline and funding notes

• Rulemaking and notices: certain rulemaking steps allow expedited processes with State Register notices by 2026.
• Enrollment for patients begins January 1, 2027; facilitator applications begin October 1, 2026.
• The act contemplates funding and appropriation to implement the program.

Relevant Terms psilocybin; psilocybin therapeutic use program; registered patient; designated cultivator; registered facilitator; health care practitioner; administration session; preparation session; integration session; advisory committee; Psychedelic Medicine Advisory Committee; qualifying medical condition; private residence; secure registry; cultivation limit; possession limit; rulemaking; Department of Health; Department of Agriculture; risk assessment tool; informed consent; confidentiality; exemptions and protections; misconduct penalties; non-patient diversion; therapeutic use; private property; public place.