Substitute Bill No. 5297 Summary

• Decriminalizes possession of less than one-half ounce of psilocybin, making it a violation subject to fines rather than a criminal offense, effective October 1, 2024.

• First offense results in a $150 fine; subsequent offenses result in fines of $200-$500, with seized psilocybin destroyed as contraband.

• Excludes psilocybin in amounts less than one-half ounce from controlled substance possession charges and related drug paraphernalia violations.

• Applies reduced criminal burden of proof (preponderance of evidence rather than beyond reasonable doubt) for trials involving psilocybin possession violations.

• Exempts first and second offenses of psilocybin possession under this statute from being classified as delinquent acts for juveniles under age 16 or 16-17 year-olds, and prevents license suspension for violators under age 21.