2025 -- H 5186

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Representatives Potter, McNamara, Batista, Craven, Donovan,
Speakman, Spears, Slater, Bennett, and Cruz

     Date Introduced: January 24, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances

Act" is hereby amended by adding thereto the following section:

     21-28-2.11. Exemption of psilocybin.

     (a) Nothing in this chapter shall apply to any compound, mixture, or preparation containing

less than one ounce (1 oz.) of psilocybin provided the following conditions have been met:

     (1) Psilocybin is in possession of one person or shared by one person to another; or

     (2) Psilocybin has been securely cultivated within a person’s residence for personal use.

     (b) Contingent upon the United States Federal Drug Administration’s (FDA’s)

rescheduling of psilocybin the Rhode Island department of health shall establish rules and

regulations pertaining to cultivation, distribution and medical prescription.

     (c) Contingent upon the United States Federal Drug Administration’s (FDA’s) expansion

of its access program, patients with a serious or life-threatening mental or behavioral health

disorder, who are without access to effective mental or behavioral health medication, may have

access to psilocybin at locations in Rhode Island approved by the Rhode Island department of

health.

     (d) The provisions of this section shall sunset on July 1, 2027, and prior to this sunset, the

attorney general shall provide a report to the speaker of the house and president of the senate

relating to the number of violations issued for possession, cultivation, or distribution of psilocybin,

and the director of the department of health shall provide a report to the speaker of the house and

president of the senate relating to the U.S. Food and Drug Administration's (FDA’s) scheduling of

psilocybin and permitted use for the treatment of mental or behavioral health disorders.

     SECTION 2. This act shall take effect on July 1, 2025, and shall sunset on July 1, 2027.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

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     This act would amend the current law on controlled substances to permit psilocybin to be

securely cultivated within a person’s residence for personal use. The act would also, contingent on

the US FDA’s rescheduling and expanding its access program, mandate that the RI department of

health establish rules and regulations on the cultivation, distribution and medical prescription of

psilocybin.

     This act would take effect on July 1, 2025, and would sunset on July 1, 2027.

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