H 7756Drugs

Food and Drugs - Uniform Controlled Substances Act

This bill decriminalizes possession of small amounts of psilocybin for personal use and establishes a framework for potential medical access.

Introduced

Population
Affected

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Introduced Feb 12, 2026Committee House Judiciary

Plain-English Summary

This bill amends the state's controlled substances laws to exempt the possession of less than one ounce of psilocybin (magic mushrooms) from criminal penalties. This exemption applies if the psilocybin is for personal use, shared between individuals, or cultivated securely in a residence. The bill also prepares for potential future medical use; if the FDA reschedules psilocybin or expands access programs, the Rhode Island Department of Health will establish regulations for medical prescription and cultivation. The legislation takes effect in 2026 and includes a sunset clause, meaning it will expire in 2028 unless renewed.

For younger readers

This new rule changes the law about a specific type of mushroom called psilocybin. Right now, these mushrooms are not allowed. This bill says that starting in the summer of 2026, adults can have a very small amount of these mushrooms to keep at home or share with a friend without getting in trouble with the police. It also says that if the federal government decides these mushrooms are safe for medicine, doctors in Rhode Island might be able to give them to sick people. This rule is a test and will end in two years.

Who & Where It Applies

Impacted groups

Adults using psilocybinPatients with mental or behavioral health disordersRhode Island Department of HealthLaw Enforcement AgenciesAttorney General's Office

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Reduces the criminalization of personal drug use, preventing individuals from entering the criminal justice system for minor non-violent possession offenses.
Creates a pathway for accessing alternative mental health treatments for patients with serious or life-threatening disorders who have not found relief through traditional medication.
Shifts the state's approach to substance use from a punitive model to a public health and harm reduction model.
The legislation relies heavily on the Federal Drug Administration (FDA) for the implementation of the medical access portion, which may delay help for those currently suffering.
Includes a sunset clause that causes the protections to expire in two years, creating uncertainty and potential legal jeopardy for users after 2028.
The one-ounce limit is a strict threshold that could still result in criminal penalties for individuals who cultivate slightly more than the allowed amount for personal supply.

For Conservatives

Protects individual privacy and property rights by allowing citizens to engage in personal activities, such as cultivation, within the privacy of their own homes without government interference.
Includes a strict sunset clause and reporting requirements, ensuring the law is a temporary pilot program that must be reviewed before becoming permanent.
Focuses state resources away from prosecuting minor possession, potentially saving taxpayer money on court and incarceration costs.
Decriminalizes a substance that remains illegal under federal law, potentially creating conflict with federal authorities and undermining the consistent rule of law.
Expands the regulatory authority of the Department of Health, creating more government bureaucracy and administrative rules to manage cultivation and distribution.
Could be viewed as eroding social order by normalizing the use of psychoactive drugs within the community.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 19 additions

SECTION 1. Chapter 21-28 of the General Laws entitled "Uniform Controlled Substances Act" is hereby amended by adding thereto the following section: 21-28-2.11. Exemption of psilocybin.

(a) Nothing in this chapter shall apply to any compound, mixture, or preparation containing less than one ounce (1 oz.) of psilocybin provided the following conditions have been met:

(1) Psilocybin is in possession of one person or shared by one person to another; or

(2) Psilocybin has been securely cultivated within a person’s residence for personal use.

(b) Contingent upon the United States Federal Drug Administration’s (FDA’s) rescheduling of psilocybin, the Rhode Island department of health shall establish rules and regulations pertaining to cultivation, distribution and medical prescription.

(c) Contingent upon the United States Federal Drug Administration’s (FDA’s) expansion of its access program, patients with a serious or life-threatening mental or behavioral health disorder, who are without access to effective mental or behavioral health medication, shall have access to psilocybin at locations in Rhode Island approved by the Rhode Island department of health.

(d) The provisions of this section shall sunset on July 1, 2028, and prior to this sunset, the attorney general shall provide a report to the speaker of the house and president of the senate relating to the number of violations issued for possession, cultivation, or distribution of psilocybin, and the director of the department of health shall provide a report to the speaker of the house and president of the senate relating to the U.S. Food and Drug Administration's (FDA’s) scheduling of psilocybin and permitted use for the treatment of mental or behavioral health disorders.

SECTION 2. This act shall take effect on July 1, 2026, and shall sunset on July 1, 2028.