|
| 1 | +# ballotQuestions/23-13.yaml |
| 2 | +id: "23-13" |
| 3 | +billId: "H4255" |
| 4 | +title: "Limited Legalization and Regulation of Certain Natural Psychedelic Substances" |
| 5 | +court: 193 |
| 6 | +electionYear: 2024 |
| 7 | +type: initiative_statute |
| 8 | +ballotStatus: rejected |
| 9 | +ballotQuestionNumber: 4 |
| 10 | +relatedBillIds: [] |
| 11 | +description: null |
| 12 | +atAGlance: null |
| 13 | +fullSummary: |- |
| 14 | + This proposed law would allow persons aged 21 and older to grow, possess, and |
| 15 | + use certain natural psychedelic substances in certain circumstances. The psychedelic |
| 16 | + substances allowed would be two substances found in mushrooms (psilocybin and |
| 17 | + psilocyn) and three substances found in plants (dimethyltryptamine, mescaline, and |
| 18 | + ibogaine). These substances could be purchased at an approved location for use under the |
| 19 | + supervision of a licensed facilitator. This proposed law would otherwise prohibit any retail |
| 20 | + sale of natural psychedelic substances. This proposed law would also provide for the |
| 21 | + regulation and taxation of these psychedelic substances. |
| 22 | +
|
| 23 | + This proposed law would license and regulate facilities offering supervised use of |
| 24 | + these psychedelic substances and provide for the taxation of proceeds from those facilities’ |
| 25 | + sales of psychedelic substances. It would also allow persons aged 21 and older to grow |
| 26 | + these psychedelic substances in a 12-foot by 12-foot area at their home and use these |
| 27 | + psychedelic substances at their home. This proposed law would authorize persons aged 21 |
| 28 | + or older to possess up to one gram of psilocybin, one gram of psilocyn, one gram of |
| 29 | + dimethyltryptamine, 18 grams of mescaline, and 30 grams of ibogaine (“personal use |
| 30 | + amount”), in addition to whatever they might grow at their home, and to give away up to |
| 31 | + the personal use amount to a person aged 21 or over. |
| 32 | +
|
| 33 | + This proposed law would create a Natural Psychedelic Substances Commission of |
| 34 | + five members appointed by the Governor, Attorney General, and Treasurer which would |
| 35 | + administer the law governing the use and distribution of these psychedelic substances. The |
| 36 | + Commission would adopt regulations governing licensing qualifications, security, |
| 37 | + recordkeeping, education and training, health and safety requirements, testing, and age |
| 38 | + verification. This proposed law would also create a Natural Psychedelic Substances |
| 39 | + Advisory Board of 20 members appointed by the Governor, Attorney General, and |
| 40 | + Treasurer which would study and make recommendations to the Commission on the |
| 41 | + regulation and taxation of these psychedelic substances. |
| 42 | +
|
| 43 | + This proposed law would allow cities and towns to reasonably restrict the time, |
| 44 | + place, and manner of the operation of licensed facilities offering psychedelic substances, |
| 45 | + but cities and towns could not ban those facilities or their provision of these substances. |
| 46 | + The proceeds of sales of psychedelic substances at licensed facilities would be |
| 47 | + subject to the state sales tax and an additional excise tax of 15 percent. In addition, a city or |
| 48 | + town could impose a separate tax of up to two percent. Revenue received from the |
| 49 | + additional state excise tax, license application fees, and civil penalties for violations of this |
| 50 | + proposed law would be deposited in a Natural Psychedelic Substances Regulation Fund |
| 51 | + and would be used, subject to appropriation, for administration of this proposed law. |
| 52 | + Using the psychedelic substances as permitted by this proposed law could not be a |
| 53 | + basis to deny a person medical care or public assistance, impose discipline by a |
| 54 | + professional licensing board, or enter adverse orders in child custody cases absent clear |
| 55 | + and convincing evidence that the activities created an unreasonable danger to the safety of |
| 56 | + a minor child. |
| 57 | +
|
| 58 | + This proposed law would not affect existing laws regarding the operation of motor |
| 59 | + vehicles while under the influence, or the ability of employers to enforce workplace |
| 60 | + policies restricting the consumption of these psychedelic substances by employees. This |
| 61 | + proposed law would allow property owners to prohibit the use, display, growing, |
| 62 | + processing, or sale of these psychedelic substances on their premises. State and local governments could continue to restrict the possession and use of these psychedelic |
| 63 | + substances in public buildings or at schools. |
| 64 | +
|
| 65 | + This proposed law would take effect on December 15, 2024 |
| 66 | +pdfUrl: "https://malegislature.gov/Bills/193/H4255.pdf" |
0 commit comments