New Hampshire HB 1796: allowing the use of psilocybin in approved clinical settings to treat qualified medical conditions.

Bill Text

HB 1796-FN - AS INTRODUCED

2026 SESSION

 26-2997

 05/09

HOUSE BILL 1796-FN

AN ACT allowing the use of psilocybin in approved clinical settings to treat qualified medical conditions.

SPONSORS: Rep. Moffett, Merr. 4; Rep. Giasson, Hills. 29; Rep. Mandelbaum, Rock. 21; Rep. Tom Mannion, Hills. 1; Rep. C. McGuire, Merr. 27; Rep. Roy, Rock. 31; Rep. Sabourin dit Choiniere, Rock. 30; Sen. Pearl, Dist 17; Sen. Watters, Dist 4

COMMITTEE: Health, Human Services and Elderly Affairs

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ANALYSIS

 This bill allows the use of psilocybin in approved clinical settings to treat qualified medical conditions. The bill establishes a medical psilocybin program and regulatory board in the department of health and human services and directs the department to license qualified providers.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2997

 05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT allowing the use of psilocybin in approved clinical settings to treat qualified medical conditions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This act may be cited as the "Therapeutic Psilocybin Act". 

 2 Purpose Statement. The purpose of the Therapeutic Psilocybin Act is to allow the beneficial use of psilocybin in a regulated system for alleviating qualified medical conditions.

 3 New Chapter; Therapeutic Use of Psilocybin. Amend RSA by inserting after chapter 126-X the following new chapter: 

CHAPTER 126-XX

THERAPEUTIC USE OF PSILOCYBIN

 126-XX:1 Definitions. In this chapter: 

 I. "Board" means the psilocybin production establishment licensing board created pursuant to RSA 126-XX:7. 

 II. "Provider" means an approved medical or therapy provider licensed in this state who also holds a license from the department to recommend or provide services to qualified patients.

 III. "Department" means the department of health and human services. 

 IV. "Administration session" means services provided to a patient in an approved setting before, during, and after the ingestion of psilocybin and includes a preparation session, an administration session, and an integration session.

 V. "Cultivation facility agent" means a person who has a permit from the department to grow and harvest or prepare psilocybin from psilocybin-producing mushrooms, including to compound, convert, process, or manufacture psilocybin products directly or indirectly from psilocybin mushrooms and to package or repackage or label or relabel the products.

 VI. "Program" means the medical use of psilocybin program.

 VII. "Psilocybin": 

 (a) Means fungi that contain naturally-occurring psilocybin and psilocin compounds produced by such fungi, including but not limited to members of the genus Psilocybin;

 (b) Includes psilocin;

 (c) Includes psilocybin-producing fungi and mixtures or a substance containing a detectable amount of psilocybin.

 VIII. "Patient" means an individual for whom a qualified medical psilocybin provider recommends psilocybin.

 IX. "Qualifying condition" includes: 

 (a) Major treatment-resistant depression; 

 (b) Posttraumatic stress disorder; 

 (c) Substance use disorders; 

 (d) End-of-life care; and 

 (e) Other conditions approved by the department.

 X. "Commissioner" means the commissioner of the department of health and human services.

 XI. “Adverse event” means an injury or suspected injury to a patient that results in an escalation of care, harm to a patient, or rescue of a patient and occurs during a psilocybin administration session or within 24 hours from when the administration session ended. 

 XII. “Independent psilocybin testing laboratory” means a person that does any of the following: 

 (a) Conducts a chemical or other analysis of psilocybin or a psilocybin product.

 (b) Acquires, possesses, and transports psilocybin or a psilocybin product with the intent to conduct a chemical or other analysis of the psilocybin or psilocybin product.

 XIII. “Independent psilocybin testing laboratory agent” means an individual who holds a valid psilocybin production establishment agent registration card with a psilocybin testing laboratory designation. 

 XIV. “Psilocybin administration session” means the time period from when a qualified medical provider administers psilocybin to a patient to the time the patient leaves the qualified therapy provider location. 

 XV. “Psilocybin cultivation facility” means a person that possesses psilocybin, grows or intends to grow psilocybin, an