H 7925Drugs

Food and Drugs - Uniform Controlled Substances Act

This bill temporarily legalizes the personal possession and home cultivation of less than one ounce of psilocybin starting in 2026.

Introduced

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Introduced Feb 27, 2026Committee House Health & Human Services

Plain-English Summary

This legislation amends Rhode Island's Uniform Controlled Substances Act to exempt small amounts of psilocybin (often known as "magic mushrooms") from state drug laws. Starting July 1, 2026, individuals can possess, share, or securely grow less than one ounce of psilocybin for personal use without penalty. Additionally, if the federal FDA reclassifies psilocybin or expands access programs, the Rhode Island Department of Health will create rules for medical prescriptions and treatment centers for patients with serious mental health disorders. The law is a pilot program scheduled to expire on July 1, 2028.

For younger readers

This new rule changes the law about a specific type of mushroom called psilocybin. Usually, people are not allowed to have these. However, starting in the summer of 2026, adults will be allowed to have a very small amount of them or grow them safely inside their homes without getting in trouble with the police. The bill also says that if the national government agrees, doctors might be able to use these mushrooms to help people with severe mental sickness. This rule is a test and will end in 2028 unless the government decides to keep it.

Who & Where It Applies

Impacted groups

Patients with mental health disordersPsilocybin usersRhode Island Department of HealthLaw Enforcement AgenciesMental health practitioners

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Decriminalizes the possession and cultivation of a natural substance, reducing police interactions and preventing incarceration for non-violent drug offenses, which disproportionately affects marginalized communities.
Creates a potential pathway for alternative mental health treatments for patients suffering from severe depression or PTSD who have not found relief through the traditional pharmaceutical industry.
Promotes bodily autonomy and harm reduction by allowing individuals to cultivate their own supply in a secure environment rather than relying on the unregulated illicit market.
The legislation includes a sunset clause that expires in two years, creating instability and potentially re-criminalizing individuals who have integrated these therapies into their lives.
Medical access is entirely contingent upon action by the federal FDA, which may delay or prevent therapeutic access for low-income patients who cannot cultivate their own supply.
The possession limit of one ounce is relatively low for home cultivators, potentially leaving individuals vulnerable to legal penalties if a harvest exceeds this arbitrary threshold.

For Conservatives

Protects individual privacy and property rights by allowing citizens to securely cultivate plants within their own residences without government intrusion or surveillance.
Reduces the burden on the taxpayer by stopping the expenditure of law enforcement and judicial resources on prosecuting and jailing citizens for possessing small amounts of a substance for personal use.
Facilitates potential new medical treatments for veterans suffering from service-related PTSD and trauma who have not been helped by standard government healthcare protocols.
Legalizes a psychoactive substance that remains illegal under federal law, creating a conflict with national statutes and potentially undermining respect for the rule of law.
Could lead to an increase in public intoxication or drug abuse, potentially degrading the social fabric and safety of local communities.
Lacks strict regulatory oversight or taxation for the "personal use" exemption, essentially allowing the distribution of a drug under the loose definition of "sharing" without state revenue.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 18 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 Food and Drug Administration (FDA) 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 Food and Drug Administration (FDA) 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 Food and Drug Administration (FDA) 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.