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Committee hears HB528 to reduce penalties for psilocybin; supporters cite medical potential, opponents raise public‑safety concerns

3001327 · April 15, 2025
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Summary

HB528 would scale down penalties for psilocybin possession and use in stages (violation → misdemeanors → felony on fourth offense). Sponsors said psilocybin is biologically non‑addictive and that first‑offense felonies are disproportionate; opponents warned of unpredictable effects, risks to people with mental illness, and lack of regulation.

Representative Kevin Vervoe presented HB528, a bill that reduces penalties for possession and use of psilocybin and adjusts the penalty ladder so the first offense would be a civil violation, escalating to a felony only on a fourth offense. "We've all heard of 3 strikes you're out. This is a 4 strikes you're out," he said, summarizing the committee‑approved compromise in the House Criminal Justice Committee.

Supporters included clinicians and researchers who described psilocybin’s medical research trajectory. Dr. Joe Hannon, a physician who testified in favor, cited randomized trials and recent peer‑reviewed work showing durable benefits in treatment‑resistant depression and end‑of‑life distress, and said hospital visits tied to psychedelic use are rare in the data he cited. Karen O'Keefe of the Marijuana Policy Project urged a cautious but reform‑minded approach and described the policy change as treating adults like adults.

Law‑enforcement witnesses and others opposed the measure. Major Bill Bright of the New Hampshire State Police said the highs from psychedelics are "unpredictable," and that decriminalization could increase impaired driving and youth exposure. Detective Matthew Nocela, of the Manchester Police Department narcotics unit, told the committee the bill lacks a framework for safe, supervised use, clear purity standards and thresholds distinguishing personal use from distribution; he warned a lack of limits could be exploited by traffickers.

Committee members asked about the incidence of psilocybin arrests (law‑enforcement witnesses said such arrests appeared uncommon in recent years) and about safeguards for people with mental‑health vulnerabilities. Supporters said psilocybin is not physiologically addictive, overdose deaths are extremely rare, and clinical trials show promising therapeutic effects, but opponents urged more robust safeguards before statutory decriminalization.

The House Criminal Justice Committee advanced a compromise version to the consent calendar; the Senate hearing recorded testimony for and against HB528 but does not show final action in the public hearing record.