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HB 1809-FN - AS INTRODUCED SESSION 26-2497 05/09 HOUSE BILL 1809-FN AN ACT authorizing the medical use of psilocybin through a program established in the department of health and human services.
HB 1809-FN - AS AMENDED BY THE HOUSE 26Mar2026...
1201h SESSION 26-2497 05/09 HOUSE BILL 1809-FN AN ACT establishing a medical psilocybin advisory board to assess the advantages and disadvantages of the use of psilocybin for therapeutic purposes.
Health, Human Services and Elderly Affairs ───────────────────────────────────────────────────────────────── ANALYSIS This bill authorizes the medical use of psilocybin through a program established in the department of health and human services.
Health, Human Services and Elderly Affairs ───────────────────────────────────────────────────────────────── AMENDED ANALYSIS This bill establishes a medical psilocybin advisory board to assess the advantages and disadvantages of the use of psilocybin for therapeutic purposes.
HB 1809-FN - AS INTRODUCED 26-2497 05/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT authorizing the medical use of psilocybin through a program established in the department of health and human services.
HB 1809-FN - AS AMENDED BY THE HOUSE 26Mar2026...
1201h 26-2497 05/09 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty-Six AN ACT establishing a medical psilocybin advisory board to assess the advantages and disadvantages of the use of psilocybin for therapeutic purposes.
The purpose of this act is to create a carefully monitored and closely supervised setting in which an approved medical provider can treat a carefully chosen patient with appropriate doses of psilocybin which that same provider has produced for a medical intervention.
The purpose of this act is to study the feasibility of the creation of a carefully monitored and closely supervised setting in which an approved medical provider can treat a carefully chosen patient with appropriate doses of psilocybin which that same provider has produced for a medical intervention.
Medical Use of Psilocybin.
Medical Psilocybin Advisory Board.
Amend RSA by inserting after chapter 126-Z the following new chapter:
Amend RSA by inserting after chapter 126- Z the following new chapter:
CHAPTER 126-ZZ MEDICAL USE OF PSILOCYBIN 126-ZZ:1 Definitions.
CHAPTER 126-ZZ Medical Psilocybin Advisory Board 126-ZZ:1 Definitions.
“Provider” means an approved medical provider licensed in New Hampshire who has been approved by the department to provide medical services to qualified patients and who has been approved by the department to produce the psilocybin they will use as a provider.
“Provider” means an approved medical provider licensed in New Hampshire who has been approved by the department to provide medical services to qualified patients.
“Medical services” 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.
“Producer" means a person who grows and harvests or prepares psilocybin from psilocybin-producing mushrooms, including to compound, convert, process, or manufacture psilocybin products directly or indirectly from psilocybin mushrooms and who has been approved as a provider.
“Provider" or "producer" means a person who grows and harvests or prepares psilocybin from psilocybin-producing mushrooms, including to compound, convert, process, or manufacture psilocybin products directly or indirectly from psilocybin mushrooms and who has been approved as a provider.
V.
VI.
V.
HB 1809-FN - AS INTRODUCED - Page 2 - VII.
VI.
“Qualified patient” means a patient whom a provider, as defined by RSA 126-ZZ:1, IV, has diagnosed a medically appropriate candidate for the use of medical psilocybin based on being diagnosed with a qualifying condition.
“Qualifying patient” means a patient whom a provider, as defined by RSA 126-ZZ:1, II, has diagnosed a medically appropriate candidate for the use of medical psilocybin based on being diagnosed with a qualifying condition.
VIII.
VII.
“Qualifying condition” includes:
“Qualifying condition” means any of the following:
(a) Major treatment-resistant depression;
HB 1809-FN - AS AMENDED BY THE HOUSE - Page 2 - (a) Major treatment-resistant depression;
and (d) Other conditions recommended by the advisory board to the department and approved by the department.
and (d) Other conditions recommended by the advisory board to the department.
126-ZZ:2 Medical Use of Psilocybin Program.
126-ZZ:2 Medical Psilocybin Advisory Board.
The department shall establish a medical use of psilocybin program that will:
Approve providers for the use of psilocybin in therapeutic doses with qualifying patients.
There is hereby established the medical psilocybin advisory board, which shall assess the clinical, quality, and public health related advantages and disadvantages of the use of psilocybin for therapeutic purposes under this chapter and, if appropriate, design a program for the medical use of psilocybin.
Approve the above providers as producers of psilocybin in therapeutic doses to qualifying patients.
Notwithstanding RSA 14:49, the board shall consist of the following members:
III.
(a) The medical director of the department of health and human services, or designee.
Compile a public list of provider/producers that includes the name and address of each provider and provider/producer.
(b) A qualifying patient, appointed by the commissioner of the department of health and human services.
IV.
(c) A representative from the veterans’ affairs community, appointed by the commissioner of the department of health and human services.
Establish requirements for data collection to evaluate the program and the use of best practices by provider/producers.
(d) A representative from the house of representatives, appointed by the speaker of the house of representatives.
V.
(e) A representative from the house of representatives, nominated by the minority leader of the house and appointed by the speaker of the house of representatives.
Establish other requirements, restrictions, and limitations through rules promulgated by the department to ensure an efficacious program.  126-ZZ:3 Provider/Producer Application.
(f) Nine medical and other providers, appointed by the commissioner of the department of health and human services, representing the following fields:
Only a provider/producer who has received an approval by the department for the medical use of psilocybin subject to the rules established under 126-ZZ:4 shall be allowed to provide psilocybin to a qualified patient.
To receive an approval, the provider shall complete an application that:
I.
Lists the names, addresses, and birthdates of the owner of the provider’s organization or business and all those within the organization or business who will be involved in any fashion with the medical use of psilocybin.
II.
Provides the curriculum vitae of all those within the organization or business who will supervise the use of psilocybin by a qualified patient.
III.
Identifies and describes the location or locations at which the supervised medical use of psilocybin will occur.
IV.
Identifies and describes the location or locations at which the supervised production of psilocybin will occur.
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V.
Identifies any other state in which the provider/producer has been authorized in any fashion to provide psilocybin medically or therapeutically.
126-ZZ:4 Rulemaking;
Approval of Provider/Producers.
The commissioner of the department of health and human services shall adopt rules under RSA 541-A in consultation with the medical HB 1809-FN - AS INTRODUCED - Page 3 - psilocybin advisory board relative to administration of the psilocybin program, including eligibility criteria for patients, application procedures, and criteria for approval of provider/producers.
126-ZZ:5 Exemptions.
A provider/producer who produces therapeutic amounts of psilocybin and provides a qualifying patient with therapeutic amounts of psilocybin shall be exempt from state criminal statutes regarding the possession, production, or sale of those therapeutic amounts provided to qualifying patients.
Any provider/producer who produces psilocybin for any use other than for providing therapeutic doses to a qualifying patient shall not be exempt from criminal prosecution.
Any provider/producer who provides psilocybin to anyone for any use other than to provide therapeutic doses to a qualifying patient shall not be exempt from criminal prosecution.
126-ZZ:6 Advisory Board.
I.
There is hereby established the medical psilocybin advisory board which shall monitor and contribute to the assessment of the clinical, quality, and public health related matters of the use of psilocybin for therapeutic purposes under this chapter.
II.
The board shall consist of the following members:
(a) The medical director, department of health and human services, or designee;
(b) A qualifying patient, appointed by the commissioner of the department;
(c) A representative from the veterans’ affairs community;
(d) Eight medical and other providers, appointed by the commissioner, representative of the following fields:
The members of the board need not be residents of New Hampshire in order to encourage the greatest possible expertise in board members.
The board shall convene at least 6 times per year to assess the clinical, quality, and public health related advantages and disadvantages of the use of psilocybin for therapeutic purposes under this chapter and, if appropriate, design a program for the medical use of psilocybin by:
IV.
At its first meeting the board shall elect by majority vote a chairperson and an alternate.
A quorum shall consist of a majority of members.
V.
The board shall convene at least 4 times per year to monitor and contribute to the oversight and assessment of the clinical, quality, and public health related matters of therapeutic psilocybin under this chapter by:
HB 1809-FN - AS INTRODUCED - Page 4 - (b) Monitoring clinical outcomes.
(b) Identifying clinical outcomes nationally.
(c) Reviewing protocols for producer/provider staff based on models from other states.
HB 1809-FN - AS AMENDED BY THE HOUSE - Page 3 - (c) Reviewing potential protocols for producer/provider staff based on models from other states.
(f) Reviewing any other clinical, quality, and public health related matter relative to use of psilocybin under this chapter.
(f) Reviewing any other clinical, quality, and public health related matter relative to use of psilocybin.
(g) Reviewing the efficacy of a further expansion of the therapeutic psilocybin program.
(g) Reviewing the efficacy of the establishment of therapeutic psilocybin program in New Hampshire.
IV.
The members of the board need not be residents of New Hampshire in order to encourage the greatest possible expertise in board members.
V.
At its first meeting, the board shall elect by majority vote a chairperson and an alternate.
The board shall be empowered to meet electronically to facilitate the inclusion of members who live outside the state of New Hampshire.
The board may meet electronically to facilitate the inclusion of members who live outside the state of New Hampshire.
Beginning January 1, 2027, and annually thereafter, the board shall submit a report of its activities, findings, and recommendations to the governor, speaker of the house of representatives, senate president, house clerk, senate clerk, and state library.
Beginning November 1, 2028, and annually thereafter, the board shall submit a report of its activities, findings, and recommendations to the governor, speaker of the house of representatives, senate president, house clerk, senate clerk, and state library.
3 Contingency.
3 Repeal.
RSA 126-ZZ:1 through RSA 126-ZZ:5, as inserted by section 2 of this act, shall take effect 30 days after the medical psilocybin advisory board certifies to the governor, speaker of the house of representatives, the president of the senate, and the director of the office of legislative services that the program is ready for implementation as outlined in RSA 126-ZZ.
RSA 126-ZZ, relative to the medical psilocybin advisory board, is repealed.
If the medical psilocybin advisory board does not make such a certification within 2 years of the effective date of this act, RSA 126-ZZ:1 through RSA 126-ZZ:5 shall not take effect.
RSA 126-ZZ:1 through RSA 126-ZZ:5, as inserted by section 2 of this act, shall take effect as provided in section 3 of this act.
Section 3 of this act shall take effect November 1, 2030.
The remainder of this act shall take effect upon its passage.
The remainder of this act shall take effect July 1, 2027.
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