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New Hampshire Lawmakers Consider Bipartisan Bills To Legalize Medical Psilocybin Program
New Hampshire lawmakers on Wednesday took their most serious look yet at legalizing psilocybin for medical use, holding a public hearing on two bipartisan bills that would create a regulated, state-overseen pathway for patients to access the psychedelic for therapeutic purposes.
The House Health, Human Services and Elderly Affairs Committee heard testimony on HB 1809, sponsored by Rep. Buzz Scherr (D), and HB 1796, sponsored by Rep. Michael Moffett (R). While the proposals differ in structure and scope, both aim to allow patients with certain qualifying conditions to receive psilocybin treatment in a closely supervised medical setting under the oversight of the New Hampshire Department of Health and Human Services (DHHS).
A Conservative Lawmaker’s Shift
Moffett acknowledged during the hearing that his sponsorship may surprise some colleagues.
“I am an unlikely prime sponsor for a measure such as this,” he said, explaining that he has long been skeptical of psychedelics and has historically opposed marijuana legalization. A former Marine, Moffett said years of routine drug testing during his military service contributed to a “zero-tolerance” mindset toward illegal substances.
His position began to change, he said, after attending a national veterans conference last summer where he learned about emerging research on psychedelic-assisted therapy.
“What I saw convinced me that a psilocybin treatment option could have value to almost anyone, beyond military people or former military people,” Moffett told the committee.
Growing Research Base
Scherr emphasized that scientific interest in psilocybin has accelerated rapidly in recent years, particularly for patients who have not responded to conventional treatments.
“There’s a substantial amount of research going on currently about the therapeutic uses of psilocybin,” he said. “The research in terms of it helping with those who have treatment-resistant depression is pretty significant at this point.”
He added that studies examining its potential for treating PTSD and certain substance use disorders are also expanding, though broader applications are still under development.
Department Raises Funding Concerns
Representing DHHS, Jenny O’Higgins expressed cautious interest but flagged practical concerns—particularly with HB 1796, which does not include specific appropriations to support implementation.
Under current budget constraints, she said, the department “would not be able to absorb” responsibility for a new statewide psilocybin program without dedicated funding.
Opposition testimony came from a representative of the New Hampshire affiliate of Smart Approaches to Marijuana, who argued that psilocybin remains a federally illegal Schedule I substance and that evidence supporting its medical use is insufficient.
Key Provisions Of HB 1809
HB 1809 would establish a tightly controlled medical psilocybin program centered on licensed medical providers.
Under the bill:
- DHHS would approve licensed medical professionals to serve as psilocybin providers.
- Patients would need a diagnosis of treatment-resistant depression, PTSD, substance use disorder, or another condition approved by DHHS and an advisory board.
- Only naturally derived psilocybin would be permitted; synthetic versions would be prohibited.
- Approved providers would be allowed to grow and harvest their own psilocybin.
- Treatment would include a required preparation session, an administration session, and an integration session.
The bill would also create a Medical Psilocybin Advisory Board consisting of a DHHS representative, a qualifying patient, a veterans advocate, and eight medical professionals. Those experts would include a psychedelics researcher, regulators from other medical psilocybin programs, and specialists in addiction treatment, palliative care, veterans’ affairs, naturopathy, nursing, and mental health counseling.
The board would review patient outcome data, consider expanding qualifying conditions, and evaluate whether the program should be broadened. Importantly, the program would only launch if the board determines—within two years—that it can be safely and effectively administered.
“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,” the bill’s statement of purpose says.
Main Elements Of HB 1796
HB 1796 takes a more expansive regulatory approach.
Key provisions include:
- Allowing medically supervised psilocybin use for patients 21 and older diagnosed with treatment-resistant depression, PTSD, substance misuse disorder, terminal illness requiring end-of-life care, or other DHHS-approved conditions.
- Creating a Psilocybin Licensing Board within DHHS to license medical providers, therapy facilitators, cultivators, and testing laboratories.
- Establishing detailed facility requirements, including security standards, safety protocols, and the availability of rescue medications.
- Creating a Therapeutic Psilocybin Treatment Fund, supported by licensing fees and taxes, to finance research into potentially expanding the program to include additional psychedelics.
If enacted, the law would take effect on January 1, 2027.
“The purpose of the Therapeutic Psilocybin Act is to allow the beneficial use of psilocybin in a regulated system for alleviating qualified medical conditions,” the bill states.
Part Of A Broader Drug Policy Debate
The fate of either psilocybin bill remains uncertain, but the hearing reflects growing interest among New Hampshire lawmakers in revisiting psychedelic and cannabis policy.
Last year, the state Senate rejected compromise legislation that would have reduced penalties for first-time psilocybin possession, despite earlier House support for broader decriminalization.
Meanwhile, the House last week approved a bill to legalize marijuana—though Gov. Kelly Ayotte (R) has pledged to veto any legalization measure. Lawmakers have also advanced proposals to allow medical cannabis dispensaries to operate as for-profit businesses and to protect gun rights for medical marijuana patients.
The renewed push comes amid shifting national attitudes toward drug policy and growing voter support for reform. Whether that momentum will be enough to carry medical psilocybin legislation across the finish line in New Hampshire remains to be seen.
