New Hampshire Psilocybin Decrim Bill Sponsor Says Senate’s Amendment On Fentanyl Mandatory Minimums Is A ‘Fair Trade’ To Get It Enacted
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The author of a New Hampshire bill to decriminalize the use and possession of psilocybin tells Marijuana Moment that he’s “not a big fan” of a new amendment that senators added to the measure to create mandatory minimum sentences for certain fentanyl offenses—but he sees it as a necessary compromise to move the psychedelics proposal forward.
Under HB 528, which passed the House of Representatives in March, a first psilocybin offense would be a violation, subject to a fine of $100 or less.
Prior to its passage by a Senate committee last week, however, the panel attached an amendment to set mandatory minimum sentences for certain fentanyl-related offenses and for distribution of drugs that result in a user’s death.
Sen. Tara Reardon (D) asked colleagues if the idea was that “we’re trading” the House-favored move to reduce psilocybin penalties in exchange “for enhanced penalties” on fentanyl. Those penalties were part of a separate bill that passed the Senate in January and has remained pending before the House Judiciary Committee for months.
“One might say that, yes,” replied Sen. Bill Gannon (R), the committee chair.
Reached for comment late last week about the change, sponsor Verville replied: “The making of sausage is not for the faint of heart, to be sure! Legislative sausage required compromise and give and take.”
The Senate, he explained, “is not a big fan of the psilocybin bill,” while the House “is not a big fan of mandatory minimums.”
“Quite frankly, I am generally not a supporter of mandatory minimums,” he added. “That being said, it is my position that the mandatory minimums set at the levels that they are in the amendment relative to fentanyl are a fair trade in an effort to finally get some penalty reform for psilocybin.”
“The facts of the matter are that NH is suffering under the scourge of narcotic/opioid abuse, and the issues surrounding amphetamine, narcotic, and opioid abuse does harm to legal reforms with respect to other significantly safer and beneficial substances,” Verville said. “Trading heightened enforcement for substances that are essentially poison on the street, for common sense reform on other substances is a good trade.”
The measure next proceeds to the Senate floor. As for what happens there, Verville said the bill is “still a long way from the finish line.”
“The Senate will have to pass the amended bill, as will the House,” he said in an email. “IF we can get both bodies to agree, then the future will rest in the hands of our governor. I pray that the bill as amended will pass both bodies and become NH law.”
If passed, HB 528 would make second and third psilocybin offenses class B misdemeanors, carrying fines of up to $500 and $1,000, respectively, but with no risk of jail time. Fourth and subsequent offenses would remain classified as felonies.
Sales and distribution of the substance would still be illegal, as the reform would apply only to “a person 18 years of age or older who obtains, purchases, transports, possesses, or uses psilocybin.”
As originally introduced, the legislation would have completely removed penalties around obtaining, purchasing, transporting, possessing or using psilocybin, effectively legalizing it on a noncommercial basis. However a House committee amended the bill before unanimously advancing it in March.
Verville previously told Marijuana Moment that the House’s passage of his psilocybin bill was “an historic, albeit small first step on our journey to correct 60 years of demonstrably failed policy on psychedelics.”
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Separately, the New Hampshire Senate earlier this month narrowly voted to table a House-passed marijuana legalization bill, effectively ending this year’s renewed effort to end cannabis prohibition in the “Live Free or Die” state.
The chamber voted 12–10 to table the measure, HB 198, from Rep. Jared Sullivan (D). It had previously passed the House of Representatives in March, but weeks later the Senate Judiciary Committee recommended the proposal be rejected.
If enacted, the bill would have legalized noncommercial possession and use of marijuana among adults 21 and older, permitting adults to have up to two ounces of marijuana flower, 10 grams of concentrate and up to 2,000 milligrams of THC in other cannabis products.
Sullivan’s proposal was a pared-down version of a legalization measure lawmakers nearly passed last year, under then-Gov. Chris Sununu (R), but it did not include that bill’s regulated commercial system—a controversial issue that ultimately derailed the earlier effort.
Recent state polling suggests New Hampshire residents strongly favor cannabis legalization. Late last month, a Granite State Poll, from the University of New Hampshire’s States of Opinion Project, found 70 percent support for the reform, including majorities of Democrats, Republicans and independents.
“Support for legalization has increased slightly since June 2024 (65%) and remains considerably higher than in the mid-2010s,” it added. “Majorities of Democrats (84%), independents (72%), and Republicans (55%) support legalizing marijuana for personal use.”
Last legislative session, New Hampshire lawmakers nearly passed a bill that would have legalized and regulated marijuana for adults—a proposal that then-Gov. Chris Sununu (R) had indicated he’d support. But infighting over how the market would be set up ultimately scuttled that measure. House Democrats narrowly voted to table it at the last minute, taking issue with the proposal’s state-controlled franchise model, which would have given the state unprecedented sway over retail stores and consumer prices.
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