HF 978 — A bill for an act relating to the production and administration of psilocybin, and providing penalties.
Last action — Amendment S-5248 filed.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced March 27, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Passed House
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
The bill addresses the production and administration of psilocybin, which is a compound found in certain mushrooms. It also includes provisions for penalties related to violations of the regulations set forth in the bill.
Bill Text
What changed in the latest version
1067 added · 1452 removedPlain-language change summary
The main change in Bill HF 978 is the removal of specific language that previously focused on administering psilocybin specifically for treating post-traumatic stress disorder (PTSD). Instead, the amended version broadens the context of psilocybin production and administration without specifying a particular condition. This matters because it expands the potential uses of psilocybin, allowing for more general applications in mental health treatment and opening up a wider range of therapeutic possibilities.
House File 978 - IntroducedReprinted HOUSE FILE 978 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 620) (As Amended and Passed by the House April 21, 2025) A BILL FOR An Act relating to the production of psilocybin and the administration of psilocybinpsilocybin, to persons with post-traumatic stress disorder, and providing penalties.
TLSBHF 1463HV978 (1)(2) 91 ss/koss/ko/md H.F.
LSBHF 1463HV978 (1)(2) 91 -1- ss/koss/ko/md 1/451/35 H.F.
“Psilocybin cultivation facility” means a person that possesses psilocybin, grows or intends to grow psilocybin, and LSBHF 1463HV978 (1)(2) 91 -2- ss/koss/ko/md 2/452/35 H.F.
“Qualified medical psilocybin provider” means a physician and surgeon or osteopathic physician and surgeon licensed pursuant to chapter 148, a physician assistant licensed pursuant to chapter 148C, an advanced registered nurse practitioner licensed under chapter 152, or an advanced practice registered nurse under chapter 152E, who is registered by the department under section 124F.24124F.22 to recommend treatment with psilocybin.
LSBHF 1463HV978 (1)(2) 91 -3- ss/koss/ko/md 3/453/35 H.F.
A psilocybin production establishment or qualified therapy provider shall allow the department, or a financial LSBHF 1463HV978 (1)(2) 91 -4- ss/koss/ko/md 4/454/35 H.F.
(5) One member who has a background in fungus or mushroom LSBHF 1463HV978 (1)(2) 91 -5- ss/koss/ko/md 5/455/35 H.F.
The board shall hold a public hearing to review a psilocybin production establishment’s license if the LSBHF 1463HV978 (1)(2) 91 -6- ss/koss/ko/md 6/456/35 H.F.
978 establishment changes ownershiplocation interest by more than twenty percent, changes location, or as necessary based on the recommendation of the department.
The board shall meet annually in December to consider psilocybin production establishment license renewal applications.
A representative from each applicant for renewal shall attend the meeting.
The board shall consider the amount of biomass the applicant produces, the amount of biomass the applicant projects to produce, the current square footage of growing area the applicant uses, and the square footage of growing area the applicant projects to use.
5.
(1) The proposed name of the establishment and the address where the establishment will be located.located, except as provided in subparagraph (2).
(2) The board may issue a provisional license to an applicant who submits an application that does not include the address at which the establishment will be located.
The department shall convert a provisional license to a license if the provisional licensee submits documentation confirming that the provisional licensee has purchased or leased a location meeting the requirements of subsection 4 and section 124F.15.
(1) For a publiclyprivately tradedheld company, a financial or voting interest of two percent or greater in the proposed psilocybin production establishment.
(2) ForThe apower privatelyto helddirect company,the amanagement financial or votingcontrol interestof in the proposed psilocybin production establishment.
(3)c. The power to direct the management or control of the proposed psilocybin production establishment.
LSB 1463HV (1) 91 -7- ss/ko 7/45 H.F.
978 c.
d.HF 978 (2) 91 -7- ss/ko/md 7/35 H.F.
978 d.
If the licensing board receives more than one application LSBfor 1463HVa (1)psilocybin 91production -8-establishment ss/kowithin 8/45the H.F.same city or town, the licensing board shall consult with the local land use authority before approving any of the applications pertaining to that city or town.
HF 978 for(2) a91 psilocybin-8- productionss/ko/md establishment8/35 withinH.F. the same city or town, the licensing board shall consult with the local land use authority before approving any of the applications pertaining to that city or town.
978 8.
The licensee fails to cooperate with an investigation LSBof 1463HVthe (1)psilocybin 91production -9-establishment ss/koconducted 9/45by H.F.the licensing board.
978 of the psilocybin production establishment conducted by the licensing board.
The psilocybin production establishment demonstrates a willful or reckless disregard for the requirements of this chapterHF or978 the(2) rules91 of-9- thess/ko/md department.9/35 H.F.
978 chapter or the rules of the department.
19.
If ownership of a psilocybin production establishment LSB 1463HV (1) 91 -10- ss/ko 10/45 H.F.
978 changes by fifty percent or more, the psilocybin production establishment shall submit a new application pursuant to this section.
The division of criminal investigation of the department of public safety shall conduct a thorough investigation of each applicant for a psilocybin production establishment licenseHF as978 in(2) a91 substantially-10- similarss/ko/md manner10/35 asH.F. provided in section 124E.19.
978 license as in a substantially similar manner as provided in section 124E.19.
The licensingdirector boardof the department shall renew a license issued pursuant to section 124F.5 on an annual basis if all of the following apply:
The licensingdirector boardof the department does not identify a significant failure of compliance with this chapter or grounds for revocation.
A description of the physical characteristics of the proposed facility or, for a psilocybin cultivation facility, no more than two facility locations, including a floor plan and an LSBarchitectural 1463HVelevation. (1) 91 -11- ss/ko 11/45 H.F.
978 architectural elevation.
Show all 317 changed lines (277 more)
5.HF 978 (2) 91 -11- ss/ko/md 11/35 H.F.
978 5.
124F.9 Psilocybin cultivationproduction facilitiesestablishment agent —— numberregistration. of licenses.
The licensing board shall not issue more than two licenses to operate a psilocybin cultivation facility.
If the recipient of a license ceases operations for any reason, or otherwise abandons the license, the board may grant the abandoned license to another applicant.
Sec.
11.
NEW SECTION.
124F.10 Psilocybin production establishment agent —— registration.
An individual shall not act as a psilocybin production establishment agent unless the department registers the individual as a psilocybin production establishment agent, LSBregardless 1463HVof (1)whether 91the -12-individual ss/kois 12/45a H.F.seasonal, temporary, or permanent employee.
978 regardless of whether the individual is a seasonal, temporary, or permanent employee.
None of the following individuals shall serve as a psilocybin production establishment agent,agent have a financial or voting interest of two percent or greater in a psilocybin production establishment, or have the power to direct or cause the management or control of a psilocybin production establishment:
The department shall, within fifteen business days fromHF the978 date(2) on91 which-12- thess/ko/md department12/35 receivesH.F. a complete application from a psilocybin production establishment on behalf of a prospective psilocybin production establishment agent, register and issue a psilocybin production establishment agent registration card to the prospective psilocybin production establishment agent who successfully passes a criminal background investigation as provided in section 124F.6 if the psilocybin production establishment does all of the following:
978 from the date on which the department receives a complete application from a psilocybin production establishment on behalf of a prospective psilocybin production establishment agent, register and issue a psilocybin production establishment agent registration card to the prospective psilocybin production establishment agent who successfully passes a criminal background investigation as provided in section 124F.6 if the psilocybin production establishment does all of the following:
A psilocybin production establishment agent shall LSBcomply 1463HVwith (1)either 91a -13-certification ss/kostandard 13/45developed H.F.by the department by rule, or a certification standard that the department has reviewed and approved.
978 comply with either a certification standard developed by the department by rule, or a certification standard that the department has reviewed and approved.
8.HF 978 (2) 91 -13- ss/ko/md 13/35 H.F.
978 8.
LSB(1) 1463HVFor (1)a 91first -14-offense, ss/koor 14/45second H.F.offense within a two-year period, a simple misdemeanor punishable by a fine of one hundred dollars.
978 (1) For a first offense, or second offense within a two-year period, a simple misdemeanor punishable by a fine of one hundred dollars.
12.11.
124F.11124F.10 Psilocybin production establishment —— general operation requirements.
2.HF 978 (2) 91 -14- ss/ko/md 14/35 H.F.
978 2.
LSBa. 1463HV (1) 91 -15- ss/ko 15/45 H.F.
978 a.
13.12.
124F.12124F.11 Inspections.
a.HF 978 (2) 91 -15- ss/ko/md 15/35 H.F.
978 a.
LSBSec. 1463HV (1) 91 -16- ss/ko 16/45 H.F.
97813. Sec.
14.
124F.13124F.12 Advertising.
15.14.
124F.14124F.13 Psilocybin transportation.
d.HF 978 (2) 91 -16- ss/ko/md 16/35 H.F.
An978 agentd. of the department conducting an inspection pursuant to section 124F.12.
An agent of the department conducting an inspection pursuant to section 124F.11.
However, if the registered psilocybin production establishment agent is carrying more psilocybin or psilocybin product than is LSBindicated 1463HVon (1)the 91manifest, -17-other ss/kothan 17/45a H.F.de minimis amount, the registered psilocybin production establishment agent is subject to penalties as provided in chapter 124.
978 indicated on the manifest, other than a de minimis amount, the registered psilocybin production establishment agent is subject to penalties as provided in chapter 124.
16.15.
124F.15124F.14 Psilocybin —— excess and disposal.
b.HF 978 (2) 91 -17- ss/ko/md 17/35 H.F.
978 b.
17.16.
124F.16124F.15 Psilocybin production establishment —— local control.
A local government shall allow a psilocybin production establishment to operate in any zone designated for agricultural use unless the local government has designated by ordinance at least one agricultural zone for the operation of psilocybin production establishments before a person submits an LSBapplication 1463HVfor (1)the 91establishment -18-of ss/koa 18/45psilocybin H.F.production establishment to the local government.
978 application for the establishment of a psilocybin production establishment to the local government.
Sec.HF 978 (2) 91 -18- ss/ko/md 18/35 H.F.
18.978 Sec.
17.
124F.17124F.16 Psilocybin cultivation facility —— growing and harvesting.
Any psilocybin waste, as defined in section 124F.15,124F.14, of which the psilocybin cultivation facility disposes.
19.18.
124F.18124F.17 Psilocybin cultivation LSBfacility 1463HV—— (1)sales. 91 -19- ss/ko 19/45 H.F.
978 facility —— sales.
20.19.
124F.19124F.18 Psilocybin cultivation facility —— labeling.
21.20.
124F.20124F.19 Independent psilocybin testing laboratory —— psilocybin and psilocybin product testing.
The department shall adopt rules pursuant to chapter 17A toHF do978 all(2) of91 the-19- following:ss/ko/md 19/35 H.F.
978 to do all of the following:
Before the sale of a psilocybin product, an independent LSBpsilocybin 1463HVtesting (1)laboratory 91shall -20-identify ss/koand 20/45quantify H.F.the amount of active psilocybin present in the psilocybin product.
978 psilocybin testing laboratory shall identify and quantify the amount of active psilocybin present in the psilocybin product.
22.21.
124F.21124F.20 Independent psilocybin testing laboratory —— inspections.
The independent psilocybin testing laboratory shall reportHF the978 laboratory(2) test91 results-20- andss/ko/md the20/35 psilocybinH.F. or psilocybin product batch to the department and the psilocybin cultivation facility from which the batch originated.
978 report the laboratory test results and the psilocybin or psilocybin product batch to the department and the psilocybin cultivation facility from which the batch originated.
If the department determines that psilocybin or psilocybin product prepared by a psilocybin cultivation establishment is unsafe for human consumption, the department may seize, embargo, or destroy the psilocybin or psilocybin product batch as provided in section 124F.15.124F.14.
If an independent psilocybin testing laboratory determines that the results of a lab test indicate that the active psilocybin content of psilocybin or a psilocybin product batch diverges more than ten percent from the amount the label indicates, the psilocybin cultivation facility shall not sell LSBthe 1463HVpsilocybin (1)or 91psilocybin -21-product ss/kobatch 21/45unless H.F.the facility replaces the incorrect label with a label that correctly indicates the active psilocybin content.
978 the psilocybin or psilocybin product batch unless the facility replaces the incorrect label with a label that correctly indicates the active psilocybin content.
23.22.
124F.22124F.21 Psilocybin electronic verification system.
Allows a qualified medical psilocybin provider to access dispensing information regarding a patient of the qualified medical psilocybin provider, electronically recommend or renew a recommendation for psilocybin or a psilocybin product, connect with an inventory control system that a psilocybin production establishment uses to track in real time and archive purchases of any psilocybin or psilocybin product, and connect withHF an978 inventory(2) control91 system-21- thatss/ko/md a21/35 psilocybinH.F. production establishment utilizes.
978 with an inventory control system that a psilocybin production establishment utilizes.
The department may release limited data from the electronic verification system for the purposes of conducting LSBresearch, 1463HVissuing (1)required 91reports, -22-or ss/kofor 22/45other H.F.official department purposes.
978 research, issuing required reports, or for other official department purposes.
Except as provided in paragraph “b”, a person who knowingly and intentionally uses, releases, publishes, or otherwiseHF makes978 available(2) to91 any-22- otherss/ko/md person22/35 informationH.F. obtained from the state electronic verification system for any purpose other than a purpose specified in this section is guilty of a class “D” felony.
978 otherwise makes available to any other person information obtained from the state electronic verification system for any purpose other than a purpose specified in this section is guilty of a class “D” felony.
24.23.
124F.23124F.22 PsilocybinQualified recommendationmedical psilocybin provider registration —— limitationscontinuing education —— expiration.treatment recommendation.
No more than five thousand individuals shall simultaneously hold a psilocybin recommendation from a qualified medical psilocybin provider.
LSB 1463HV (1) 91 -23- ss/ko 23/45 H.F.
978 2.
An individual’s psilocybin recommendation expires if the individual has not received treatment from a qualified therapy provider with psilocybin or a psilocybin product by the later of one year from the date the qualified medical psilocybin provider provided the recommendation, or one year from the date of the individual’s most recent administration of psilocybin or a psilocybin product by a qualified therapy provider.
Sec.
25.
NEW SECTION.
124F.24 Qualified medical psilocybin provider registration —— continuing education —— treatment recommendation.
1.
For an applicant on or after January 1, 2026, provides theHF information978 required(2) by91 subsection-23- 9.ss/ko/md 23/35 H.F.
978 the information required by subsection 9.
LSBThe 1463HVcontinuing (1)education 91program -24-shall ss/koaddress 24/45all H.F.of the following:
978 The continuing education program shall address all of the following:
a.HF 978 (2) 91 -24- ss/ko/md 24/35 H.F.
978 a.
Verified that the patient hasis post-traumaticat stressleast disorder.twenty-one years old.
Verified that the patient is at least twenty-one years LSB 1463HV (1) 91 -25- ss/ko 25/45 H.F.
978 old.
d.
(2) That the individual treatsis post-traumaticregistered stressas disorder.a qualified medical psilocybin provider and recommends medical psilocybin.
(3) ThatA thescientific individualstudy isregarding registered as a qualified medical psilocybin provideruse. and recommends medical psilocybin.
(4) A scientific study regarding medical psilocybin use.
a.HF 978 (2) 91 -25- ss/ko/md 25/35 H.F.
That978 thea. qualified medical psilocybin provider, or the entity that employs the qualified medical psilocybin provider, LSB 1463HV (1) 91 -26- ss/ko 26/45 H.F.
978That the qualified medical psilocybin provider, or the entity that employs the qualified medical psilocybin provider, represents online or in printed material that the qualified medical psilocybin provider is a qualified medical psilocybin provider or offers medical psilocybin recommendations to patients, if applicable.
26.24.
124F.25124F.23 Standard of care —— provider not liable —— no private right of action.
27.25.
124F.26124F.24 Nondiscrimination for medicaluse careof orpsilocybin. government employment.
Except as provided in paragraph “b”, the state or a political subdivision of the state shall treat an employee’s useHF of978 medical(2) psilocybin as provided in this chapter in the same way the state or political subdivision treats an LSB 1463HV (1) 91 -27--26- ss/koss/ko/md 27/4526/35 H.F.
978 use of medical psilocybin as provided in this chapter in the same way the state or political subdivision treats an employee’s use of any prescribed controlled substance, and an employee’s medical psilocybin recommendation from a qualified medical psilocybin provider in the same way the state or political subdivision treats an employee’s prescription for any prescribed controlled substance.
3.
An agency of this state or a political subdivision thereof, including any law enforcement agency, shall not remove or initiate proceedings to remove a child under the age of eighteen from the home of a parent based solely upon the parent’s possession or use of psilocybin as authorized under this chapter.
28.26.
124F.27124F.25 Insurance —— coverage requirement.
29.27.
124F.28124F.26 Approved drugs.
ThisHF chapter978 shall(2) not91 be-27- construedss/ko/md to27/35 restrictH.F. or otherwise affect the prescription, distribution, or dispensing of a product that the United States food and drug administration has approved.
978 This chapter shall not be construed to restrict or otherwise affect the prescription, distribution, or dispensing of a product that the United States food and drug administration has approved.
30.28.
124F.29124F.27 Qualified therapy provider registration —— continuing education —— psilocybin administration.
An individual shall not administer a medical psilocybin LSBtreatment 1463HVunless (1)the 91department -28-registers ss/kothe 28/45individual H.F.as a qualified medical psilocybin therapist as provided in this section.
978 treatment unless the department registers the individual as a qualified medical psilocybin therapist as provided in this section.
An individual applying for initial registration orHF renewal978 of(2) a91 registration-28- shallss/ko/md complete28/35 aH.F. continuing education program as determined by the department by rule.
978 or renewal of a registration shall complete a continuing education program as determined by the department by rule.
(2) General information about psilocybin under federal and LSBstate 1463HVlaw. (1) 91 -29- ss/ko 29/45 H.F.
978 state law.
The qualified medical therapy provider has obtained and reviewedHF the978 patient’s(2) mental91 health-29- history.ss/ko/md 29/35 H.F.
978 reviewed the patient’s mental health history.
The administration session is video-recorded and the video recording is preserved for one year from the date of the LSBsession, 1463HVor (1)the 91patient -30-gives ss/kowritten, 30/45informed H.F.consent waiving the video-recording requirement.
978 session, or the patient gives written, informed consent waiving the video-recording requirement.
(2) That the individual treatsis post-traumaticregistered stressas disorder.a qualified therapy provider and administers medical psilocybin.
(3) ThatA thescientific individualstudy isregarding registered as a qualified therapy provider and administers medical psilocybin.psilocybin use.
(4) A scientific study regarding medical psilocybin use.
Within seven days of the date on which an adverse event occurs, a qualified therapy provider shall submit to the departmentHF a978 report(2) containing91 all-30- ofss/ko/md the30/35 following:H.F.
978 department a report containing all of the following:
LSBf. 1463HV (1) 91 -31- ss/ko 31/45 H.F.
978 f.
31.29.
124F.30124F.28 Qualified therapy provider agent —— registration.
A qualified therapy provider agent registration card shall expire two years from the date the department issued the card.HF 978 (2) 91 -31- ss/ko/md 31/35 H.F.
978 card.
A qualified therapy provider agent shall carry the individual’s qualified therapy provider agent card with the LSBagent 1463HVat (1)all 91times -32-when ss/kothe 32/45agent H.F.is handling psilocybin or psilocybin product.
978 agent at all times when the agent is handling psilocybin or psilocybin product.
32.30.
124F.31124F.29 Reports.
(3)HF The978 number(2) of91 qualified-32- medicalss/ko/md psilocybin32/35 providers.H.F.
978 (3) The number of qualified medical psilocybin providers.
LSB(7) 1463HVThe (1)expenses 91incurred -33-and ss/korevenues 33/45generated H.F.from the medical psilocybin program.
978 (7) The expenses incurred and revenues generated from the medical psilocybin program.
33.31.
124F.32124F.30 Enforcement.
d.HF 978 (2) 91 -33- ss/ko/md 33/35 H.F.
978 d.
The department may, for a person subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, if a fine is not already specified by law, assess a person who LSBis 1463HVnot (1)an 91individual -34-a ss/kofine 34/45of H.F.up to five thousand dollars per violation.
978 is not an individual a fine of up to five thousand dollars per violation.
EXPLANATIONSec. The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
This32. bill relates to the production of psilocybin and administration of psilocybin to persons with post-traumatic stress disorder.
TheNEW billSECTION. requires a psilocybin production establishment or a qualified therapy provider location, defined in the bill, to include an inventory control system that tracks psilocybin product, defined in the bill, in real time;
maintains124F.31 accessPsilocybin records;and psilocybin products —— consumable goods —— rules.
The department shall adopt rules pursuant to chapter 17A to allow for the production and includessale aof videoconsumable recordinggoods system.containing psilocybin and psilocybin product.
TheSec. bill requires a psilocybin production establishment or qualified therapy provider location to allow the department of health and human services (department) to access the inventory control system at any time.
The33. bill requires a state employer or political subdivision employer to inform an employee or prospective employee prior to assigning a duty related to the administration of the bill that the employee’s or prospective employee’s job duties may require the employee or prospective employee to engage in conduct in violation of the criminal laws of the United States.
LSBNEW 1463HVSECTION. (1) 91 -35- ss/ko 35/45 H.F.
978124F.32 TheContracts billenforceable. creates within the department the psilocybin production establishment licensing board (board), with members appointed by the director of the department.
TheIt boardis shall consist of a member of the public withpolicy knowledge of psilocybin,this astate memberthat withcontracts knowledgerelated andto experience in the pharmaceuticalproduction, orsale, nutraceutical manufacturing industry, a member representing law enforcement, a member who is a chemist or researcher with experience in manufacturing and whoadministration is associated with a research university, a member who has a background in fungus or mushroom cultivation and processing, and the director of thepsilocybin departmentpursuant orto thethis director’schapter designee, who shall servebe asenforceable. the chairperson of the board and a nonvoting member, except in the case of a tied vote.
TheIt billis prohibitsthe public policy of this state that no contract entered into by a personpsilocybin fromproduction servingestablishment, onqualified themedical boardpsilocybin ifprovider, theor personqualified hastherapy certainprovider, financialor interestsits relatedemployees or agents as permitted pursuant to psilocybin.a valid registration, or by an entity who allows property to be used HF 978 (2) 91 -34- ss/ko/md 34/35 H.F.
Members978 ofby thean boardestablishment, shallqualified servemedical apsilocybin termprovider, ofor fourqualified years,therapy exceptprovider, thatits initialemployees, membersor ofits theagents boardas permitted pursuant to a valid registration, shall be appointedunenforceable foron staggeredthe termsbasis such that thecultivating, directorobtaining, appointsmanufacturing, twodistributing, dispensing, transporting, selling, possessing, or threeusing boardpsilocybin membersis everyprohibited twoby years.federal law.
TheSec. director shall fill vacancies in the board for the balance of the unexpired term.
Members34. of the board shall serve without compensation, although they may be reimbursed for actual expenses, and the director may remove a member of the board for cause, neglect of duty, inefficiency, or malfeasance.
ThePSYCHEDELIC boardCOMPOUNDS is not subject to automatic dissolution pursuant to Code section 4A.5 (boards and governmental entities —— dissolution).STUDY.
The boarddepartment shallof meethealth asand calledhuman byservices theshall chairpersonconduct toa reviewstudy psilocybinregarding licensethe applications,use conductof publicpsychedelic hearingscompounds onother applications,than andpsilocybin makein determinationsthe ontreatment licenseof applications.medical conditions.
The billdepartment requiresshall thesubmit boarda report to meetthe ifgeneral aassembly, psilocybinincluding productionthe establishmentdepartment’s undergoesfindings certain changes and annuallyrecommendations, toby considerJanuary license1, renewal2026. applications.
TheHF bill978 prohibits(2) a91 person-35- fromss/ko/md operating35/35 a psilocybin production establishment unless the person holds a license issued by the board.
The bill requires the department to adopt rules for solicitation and evaluation of license applications.
The bill also LSB 1463HV (1) 91 -36- ss/ko 36/45 H.F.
978 requires an applicant for a license to submit the proposed name and address of the establishment, the names and addresses of certain persons associated with the establishment, an operating plan, a statement that the applicant will obtain a performance bond, an application fee, and a description of any investigatory or adverse action previously taken against the applicant in relation to any of the applicant’s psilocybin-related operations or businesses.
The bill prohibits a psilocybin production establishment from operating within 1,000 feet of a community location, defined in the bill, or 500 feet of an area that is zoned as primarily residential.
The bill allows the board to waive these limitations by up to 20 percent.
Upon approval of an application for a license, the bill requires the applicant to pay an initial licensing fee and the department to inform the department of public safety.
The bill allows a psilocybin production establishment to be located at the same location as a medical cannabidiol producer and the board may grant preference to an applicant who currently holds a medical cannabidiol producer license.
If the board receives more than one application for a psilocybin production establishment license in the same city or town, the board shall consult with the local land use authority prior to issuing a license.
The bill prohibits the board from issuing a license to certain persons.
The bill allows the board to revoke a license for certain violations.
Fees collected by the department shall be deposited into the general fund of the state.
If the municipality or county where the psilocybin production establishment will be located requires a land use permit, the bill requires a licensee to submit a copy of an approved land use permit within 120 days of issuance of the license.
The bill prohibits the board from issuing more than four licenses to operate an independent psilocybin testing laboratory and allows the board to operate an independent LSB 1463HV (1) 91 -37- ss/ko 37/45 H.F.
978 psilocybin testing laboratory.
A psilocybin production establishment is not transferable or assignable, and the board’s authority to issue a license is plenary and not subject to review.
The bill requires the division of criminal investigation of the department of public safety to conduct a thorough investigation of each applicant for a psilocybin production establishment license.
The bill requires the board to begin accepting license applications on July 1, 2026.
The board shall renew a license if the licensee continues to meet the requirements for initial licensure, the board does not identify a significant failure of compliance or grounds for revocation, and the licensee pays a renewal fee.
The bill requires a person applying for a psilocybin production establishment license or license renewal to submit a proposed operating plan, including certain information about the facility, the facility’s officers and employees, a security plan, a description of the inventory control system, and storage protocols.
The bill requires psilocybin cultivation facilities and psilocybin testing laboratories to submit additional information particular to the type of psilocybin production establishment.
The bill prohibits a person from acting as a psilocybin production establishment or qualified therapy provider agent unless the person is registered as a psilocybin production establishment agent with the board.
The bill prohibits certain persons from acting as a psilocybin production establishment agent.
The bill requires the board to issue a psilocybin production establishment agent registration to a person if the psilocybin production establishment that will employ the agent submits an application and pays a fee on behalf of the person.
The prospective agent shall also undergo a criminal background investigation.
A psilocybin production establishment agent shall comply with a certification standard adopted by the board.
A psilocybin production establishment agent registration is valid for two years and may be renewed.
LSB 1463HV (1) 91 -38- ss/ko 38/45 H.F.
978 The bill requires a psilocybin production establishment agent to carry the agent’s registration card at all times while on the premises of the psilocybin production establishment or when transporting psilocybin.
There is a rebuttable presumption a person carrying a psilocybin production establishment agent registration card while in possession of psilocybin possesses the psilocybin legally.
A psilocybin production establishment agent who fails to carry a psilocybin production establishment agent registration card while required to do so is guilty of a simple misdemeanor punishable by a fine of $100 for a first or second offense in a two-year period and a simple misdemeanor punishable as provided by law for a third or subsequent offense in a two-year period.
A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
The board may fine a psilocybin production establishment or qualified therapy provider that employs a psilocybin production establishment agent a fine for each violation.
The bill requires a psilocybin production establishment to operate in accordance with the operating plan submitted by the psilocybin production establishment and to inform the department prior to implementing any changes to the plan.
The bill requires a psilocybin production establishment to operate in a facility that is accessible only by an individual with a valid psilocybin production establishment registration card, except that a psilocybin production establishment may authorize a person who is at least 18 years of age who is not a psilocybin production establishment agent to access the psilocybin production establishment if the psilocybin production establishment tracks and monitors the individual at all times.
A psilocybin production establishment shall not employ a person who is under 21 years of age or who has been convicted of a misdemeanor for drug distribution or any felony.
The bill requires a psilocybin production establishment to have a single, secure public entrance and a security system with a LSB 1463HV (1) 91 -39- ss/ko 39/45 H.F.
978 backup power source.
The bill allows the department to inspect the facility and records of a psilocybin production establishment at any time during business hours.
The bill grants certain investigational powers to the department and allows the department to impose a fee or suspend or revoke a license or registration for failing to comply with an inspection.
The bill prohibits a psilocybin production establishment from advertising to the general public, except to advertise an employment opportunity.
The bill requires the department to adopt rules for standards relating to advertisement by qualified medical psilocybin providers and qualified medical psilocybin therapists, defined in the bill.
The bill prohibits a person other than a psilocybin production establishment agent, qualified therapy provider, qualified therapy provider agent, or an agent of the department conducting an inspection from transporting psilocybin.
A person transporting psilocybin must possess a manifest including details about the psilocybin the person has been authorized to transport.
A psilocybin production establishment agent who transports psilocybin without a manifest is guilty of a simple misdemeanor punishable by a fine of $100.
A psilocybin production establishment who transports an amount of psilocybin in excess of the amount indicated in the manifest is subject to penalties as provided in Code chapter 124 (controlled substances).
The bill requires a person disposing of psilocybin waste to render the psilocybin waste unusable and unrecognizable and to dispose of it in compliance with applicable state and federal law.
The bill requires a local government to allow a psilocybin production establishment to operate in any zone designated for industrial or agricultural use, unless the local government has designated at least one industrial or agricultural zone for the operation of a psilocybin production establishment prior to the receipt of an application for the establishment of a psilocybin LSB 1463HV (1) 91 -40- ss/ko 40/45 H.F.
978 production establishment by the local government.
The bill allows a psilocybin production establishment to operate on land that has not been zoned.
The bill prohibits local governments from imposing certain restrictions on the establishment of a psilocybin production establishment.
The bill requires a psilocybin cultivation facility to use unique identifiers to identify certain classifications of psilocybin.
The bill prohibits a psilocybin cultivation facility from selling any product other than a psilocybin product or educational material related to psilocybin and from selling to a person other than a qualified therapy provider or a registered agent of a qualified therapy provider.
The bill includes certain labeling requirements for psilocybin products.
The bill requires the department to adopt rules for the testing of psilocybin by an independent psilocybin testing laboratory.
The bill allows the department to require an independent psilocybin testing laboratory to test for a toxin if the department receives information about the presence of the toxin.
The bill prohibits a psilocybin production establishment from transferring psilocybin to a qualified therapy provider until a sample of the psilocybin has been tested by an independent psilocybin testing laboratory.
The bill allows the department to require an independent psilocybin testing laboratory to participate in a proficiency evaluation.
If an independent psilocybin testing laboratory determines that a psilocybin product is unsafe for human use, the bill requires the independent psilocybin testing laboratory to inform the department and the psilocybin cultivation facility from which the batch originated, and the department shall place a hold on the sale and use of the psilocybin product until the department completes an investigation.
The bill requires the department, in consultation with the departments of agriculture and public safety, to adopt rules for the creation and operation of an electronic verification system.
The electronic verification system shall, at a LSB 1463HV (1) 91 -41- ss/ko 41/45 H.F.
978 minimum, allow a medical psilocybin provider to engage in patient management;
allow access by the department and the department of inspections, appeals, and licensing;
create a record each time a person accesses the system;
and keeps a current record of the total number of individuals who have a psilocybin recommendation.
The bill allows the department to release limited data from the electronic verification system for research, reporting, and official department purposes.
A person who knowingly and intentionally releases information from the electronic verification system in violation of the bill is guilty of class “D” felony.
A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
A person who negligently or recklessly releases information from the electronic verification system in violation of the bill is guilty of a serious misdemeanor.
A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
A person who unlawfully obtains or attempts to obtain information from the electronic verification system is guilty of a class “D” felony.
The bill limits the number of psilocybin recommendations in the state to 5,000 patients.
An individual’s psilocybin recommendation expires if the individual has not received treatment from a qualified therapy provider with psilocybin or a psilocybin product by the later of one year from the day a qualified medical psilocybin provider provided the recommendation or one year from the day of the individual’s most recent administration of psilocybin or a psilocybin product by a qualified therapy provider.
The bill prohibits a person from recommending the use of psilocybin unless the person is a qualified medical psilocybin provider, defined in the bill as a physician and surgeon or osteopathic physician and surgeon, a physician assistant, an advanced registered nurse practitioner, or an advanced practice registered nurse who is registered by the department to recommend treatment LSB 1463HV (1) 91 -42- ss/ko 42/45 H.F.
978 with psilocybin.
The bill requires the department to issue a qualified medical psilocybin provider registration card to an individual if the individual submits an application, provides a report detailing the completion of continuing education requirements regarding the use of psilocybin listed in the bill, provides evidence that the person holds an appropriate license, and pays an application fee.
The bill prohibits a qualified medical psilocybin provider from recommending the use of psilocybin unless the qualified medical psilocybin provider completes a thorough assessment of the patient’s condition and history, verifies that the patient has post-traumatic stress disorder, verifies that the patient is at least 21 years old, and meets with the patient in person if the qualified medical psilocybin provider has not previously recommended a psilocybin treatment to the patient.
The bill places restrictions on advertisements by qualified medical psilocybin providers.
A qualified medical psilocybin provider registration card expires after two years and may be renewed.
The bill allows the department to revoke a qualified medical psilocybin provider registration card for failure to comply with the bill.
The bill prohibits a qualified medical psilocybin provider from receiving compensation from certain persons involved in the production of psilocybin.
A qualified medical psilocybin provider shall not be subject to a professional, civil, or criminal penalty solely for violating a federal law or regulation that would prohibit recommending, prescribing, possessing, or dispensing psilocybin.
The bill prohibits discrimination against a person in the provision of medical care, including organ or tissue transplantation, on the basis of the usage of psilocybin as provided in the bill.
The bill also prohibits the state or a political subdivision of the state from discriminating against an employee on the basis of the employee’s use of psilocybin as provided in the bill except under certain circumstances, as provided in the bill.
LSB 1463HV (1) 91 -43- ss/ko 43/45 H.F.
978 The bill does not require an insurer, a third-party administrator, or an employer to pay or reimburse for psilocybin.
The bill does not restrict the prescription, distribution, or dispensing of a product that the United States food and drug administration has approved.
The bill prohibits a person from administering a psilocybin treatment unless the department registers the person as a qualified medical psilocybin therapist, defined in the bill as a physician and surgeon or osteopathic physician and surgeon, a physician assistant, an advanced registered nurse practitioner, an advanced practice registered nurse, a psychologist, or a social worker.
The department shall register a person as a qualified medical psilocybin therapist if the person submits an application, provides the address of the clinic where psilocybin will be administered, provides a report detailing the completion of continuing education requirements regarding the use of psilocybin listed in the bill, certifies that the individual has an inventory control system, provides evidence that person has an appropriate license, pays an application fee, and provides an emergency transport plan.
A qualified medical psilocybin therapist shall not administer psilocybin to a patient unless the patient has a recommendation issued by a qualified medical psilocybin provider, the qualified medical psilocybin therapist has reviewed the patient’s mental health history, the qualified medical psilocybin therapist has provided the patient with a safety sheet created by the department, there are unexpired rescue medications on site, the administration session is video-recorded, and the qualified medical psilocybin therapist has a contractual relationship with a licensed physician and surgeon or osteopathic physician and surgeon who remains on call during the course of the administration session in case a patient requires nonemergency medical intervention.
A qualified therapy provider shall only administer psilocybin in a qualified therapy provider location.
The bill LSB 1463HV (1) 91 -44- ss/ko 44/45 H.F.
978 places limits on advertising by qualified therapy providers.
A qualified therapy provider registration expires after two years and may be renewed.
The bill requires a qualified therapy provider to submit a report to the department within seven days after the occurrence of an adverse event, defined in the bill.
The bill allows the department to revoke a qualified therapy provider registration if a qualified therapy provider fails to maintain compliance with the requirements of the bill.
The bill requires the department to submit a report to the general assembly on or before November 1, 2025, and annually by November 1 thereafter, regarding participation in the medical psilocybin program.
The bill also requires the department to submit a report regarding the medical efficacy of psilocybin to the general assembly, including recommendations, by June 1, 2028.
The bill grants the department enforcement authority for the enforcement of the bill, including by disciplining licenses and registrations, imposing fees, and seizing and destroying psilocybin.
The department shall not revoke a license or registration issued pursuant to the bill without first conducting a contested case proceeding.
A person who violates a provision of the bill for which another penalty is not provided is guilty of a simple misdemeanor punishable by a fine of $100, except that a person who intentionally or knowingly violates a provision of the bill for which no other penalty is provided three or more times is guilty of a serious misdemeanor punishable by a fine of $1,000.
LSB 1463HV (1) 91 -45- ss/ko 45/45
Show all 317 changed rows (277 more)
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Amendment S-5248 filed.
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Committee report, recommending amendment and passage.
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Subcommittee recommends amendment and passage.
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Subcommittee Meeting: 04/01/2026 12:30PM Room 315.
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Subcommittee: Taylor, Quirmbach, and Reichman.
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Referred to Ways and Means.
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Placed on calendar.
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Amendment S-5119 filed.
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Committee report, recommending amendment and passage.
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Subcommittee recommends amendment and passage.
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Subcommittee Meeting: 03/18/2026 2:00PM Senate Lounge.
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Subcommittee: Guth, Donahue, and Salmon.
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Referred to Health and Human Services.
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Fiscal note.
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Subcommittee: Dawson, Bisignano, and Driscoll.
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Read first time, referred to Ways and Means.
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Message from House.
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Immediate message.
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Passed House, yeas 84, nays 6.
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Amendment H-1260 filed, adopted.
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Fiscal note.
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Introduced, placed on Ways and Means calendar.
Sponsors
- COMMITTEE ON WAYS AND MEANS · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 149 not signed on · 6 voted No
Sponsors (1)
- COMMITTEE ON WAYS AND MEANS
Co-sponsors (0)
None.
Not signed on (149)
149 members have not signed on to this bill.
Show all 149 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 31 | 0 | 0 | 1 |
| Unaffiliated | 3 | 0 | 0 | 2 |
| Republican | 53 | 6 | 0 | 7 |
| Total | 87 | 6 | 0 | 10 |
| % of votes cast | 84% | 6% | 0% | 10% |
How each member voted (103)
| Member | Party | Vote |
|---|---|---|
| Jr. | — | Yea |
| Kniff | — | Yea |
| Speaker | — | Yea |
| Open | — | Not Voting |
| Sexton | — | Not Voting |
| Adam Zabner | Democrat | Yea |
| Aime Wichtendahl | Democrat | Yea |
| Amy Nielsen | Democrat | Yea |
| Austin Baeth | Democrat | Yea |
| Beth Wessel-Kroeschell | Democrat | Yea |
| Bob Kressig | Democrat | Yea |
| Brian Meyer | Democrat | Yea |
| Daniel Gosa | Democrat | Yea |
| David Jacoby | Democrat | Yea |
| Dr. Megan L. Srinivas | Democrat | Yea |
| Elinor A. Levin | Democrat | Yea |
| Elizabeth Wilson | Democrat | Not Voting |
| Eric J. Gjerde | Democrat | Yea |
| Heather Matson | Democrat | Yea |
| J.D. Scholten | Democrat | Yea |
| Jeff Cooling | Democrat | Yea |
| Jennifer Konfrst | Democrat | Yea |
| Jerome Amos Jr. | Democrat | Yea |
| Josh Turek | Democrat | Yea |
| Ken Croken | Democrat | Yea |
| Kenan Judge | Democrat | Yea |
| Larry McBurney | Democrat | Yea |
| Lindsay James | Democrat | Yea |
| Mary Lee Madison | Democrat | Yea |
| Monica Kurth | Democrat | Yea |
| Rick L. Olson | Democrat | Yea |
| Rob Johnson | Democrat | Yea |
| Ross Wilburn | Democrat | Yea |
| Ruth Ann Gaines | Democrat | Yea |
| Sean Bagniewski | Democrat | Yea |
| Timi M. Brown-Powers | Democrat | Yea |
| Tracy A. Ehlert | Democrat | Yea |
| Ann Meyer | Republican | Yea |
| Austin Harris | Republican | Yea |
| Barb Kniff McCulla | Republican | Yea |
| Bill Gustoff | Republican | Not Voting |
| Blaine C. Watkins | Republican | Yea |
| Bob Henderson | Republican | Yea |
| Bobby Kaufmann | Republican | Not Voting |
| Brent Siegrist | Republican | Not Voting |
| Brett Barker | Republican | Nay |
| Brian K. Lohse | Republican | Nay |
| Brooke Boden | Republican | Yea |
| Carter F. Nordman | Republican | Yea |
| Chad Behn | Republican | Yea |
| Chad Ingels | Republican | Yea |
| Charley Thomson | Republican | Nay |
| Christian A. Hermanson | Republican | Yea |
| Cindy Golding | Republican | Yea |
| Craig P. Johnson | Republican | Yea |
| Craig Steven Williams | Republican | Yea |
| Dan Gehlbach | Republican | Yea |
| David E. Young | Republican | Yea |
| David L. Blom | Republican | Yea |
| David Sieck | Republican | Not Voting |
| Dean Fisher | Republican | Yea |
| Derek Wulf | Republican | Yea |
| Devon Wood | Republican | Yea |
| Dr. Steven P. Bradley | Republican | Nay |
| Eddie Andrews | Republican | Yea |
| Gary M. Mohr | Republican | Yea |
| Hans C. Wilz | Republican | Yea |
| Heather Hora | Republican | Yea |
| Helena Hayes | Republican | Not Voting |
| Henry Stone | Republican | Yea |
| Jacob Bossman | Republican | Yea |
| Jane Bloomingdale | Republican | Yea |
| Jason Gearhart | Republican | Yea |
| Jennifer J. Smith | Republican | Yea |
| John H. Wills | Republican | Yea |
| Jon Dunwell | Republican | Yea |
| Joshua Meggers | Republican | Yea |
| Judd Lawler | Republican | Yea |
| Mark Cisneros | Republican | Nay |
| Mark I. Thompson | Republican | Yea |
| Matt W. Windschitl | Republican | Yea |
| Matthew Rinker | Republican | Yea |
| Megan Jones | Republican | Yea |
| Michael R. Bergan | Republican | Nay |
| Mike Vondran | Republican | Yea |
| Norlin G. Mommsen | Republican | Yea |
| Pat Grassley | Republican | Yea |
| Ray Sorensen | Republican | Yea |
| Ryan Weldon | Republican | Yea |
| Sam Wengryn | Republican | Yea |
| Samantha Fett | Republican | Yea |
| Shannon Latham | Republican | Yea |
| Shannon Lundgren | Republican | Yea |
| Skyler Wheeler | Republican | Not Voting |
| Steven C. Holt | Republican | Yea |
| Taylor R. Collins | Republican | Yea |
| Thomas Gerhold | Republican | Yea |
| Thomas Jay Moore | Republican | Yea |
| Thomas M. Jeneary | Republican | Yea |
| Tom Determann | Republican | Yea |
| Tom Shipley | Republican | Yea |
| Travis M. Sitzmann | Republican | Yea |
| Zach Dieken | Republican | Not Voting |
Subjects
Frequently asked questions
- What does HF 978 do?
- The bill addresses the production and administration of psilocybin, which is a compound found in certain mushrooms. It also includes provisions for penalties related to violations of the regulations set forth in the bill.
- Who sponsors HF 978?
- HF 978 is sponsored by COMMITTEE ON WAYS AND MEANS.
- What is the current status of HF 978?
- This bill has passed the House. Introduced March 27, 2025. It now moves to the second chamber.
- Where can I track HF 978?
- Track HF 978 free on One Click Politics — get push/email alerts when it moves.
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