AUTHORIZED TO AND ENGAGES IN LAWFUL BUSINESS OPERATIONS AND TRANSACTIONS
IN ACCORDANCE WITH NEW YORK LAW.
2. "ADULT USE OF PSILOCYBIN" MEANS THE AUTHORIZED ADULT, NON-COMMER-
CIAL USE OF PSILOCYBIN IN CONNECTION WITH A PUBLIC HEALTH FRAMEWORK AS
PROVIDED UNDER THIS TITLE.
3. "CULTIVATOR LICENSE" MEANS A WRITTEN AUTHORIZATION PERMITTING
NATURAL PERSONS OR BUSINESS ENTERPRISES TO ENGAGE IN THE SPECIFIED
ACTIVITIES OF CULTIVATION, DISTRIBUTION, AND TESTING OF PSILOCYBIN, AS
AUTHORIZED PURSUANT TO THIS TITLE. ONLY A PERSON OR BUSINESS ENTERPRISE
WITH A CULTIVATOR LICENSE MAY ENGAGE IN COMMERCIAL TRANSACTIONS WITH
PSILOCYBIN-CONTAINING FUNGI.
4. "DEPARTMENT" SHALL MEAN NEW YORK STATE DEPARTMENT OF HEALTH.
5. "EXCLUSION CRITERIA" MEANS CERTAIN PHYSICAL OR PSYCHOLOGICAL INDI-
CATIONS, PRESCRIPTION MEDICATIONS, OR CONSUMPTION OF OTHER SUBSTANCES
THAT, BASED ON CURRENTLY AVAILABLE MEDICAL INFORMATION AND RESEARCH, ARE
CONTRAINDICATED OR HAVE A SIGNIFICANT RISK OF MEDICAL OR PSYCHOLOGICAL
HARM WITH THE USE OF PSILOCYBIN. EXCLUSION CRITERIA SHALL BE ESTAB-
LISHED, ADDED, OR REMOVED BY THE DEPARTMENT.
6. "HEALTH SCREENING" MEANS A SCREENING PROCESS, WHICH INCLUDES
COMPLETION OF A FORM TO CERTIFY HEALTH CONDITIONS, BOTH QUALIFYING AND
OTHER HEALTH CONDITIONS AS PREVIOUSLY DIAGNOSED OR EXCLUSION CRITERIA.
7. "HEALTH QUALIFICATION" MEANS AN EVALUATION CONDUCTED BY A LICENSED
HEALTHCARE PROVIDER TO DETERMINE THE QUALIFICATION OF A PATIENT SEEKING
PSILOCYBIN PERMIT FOR THE USE OF PSILOCYBIN-CONTAINING MUSHROOMS IN
CONNECTION WITH QUALIFYING HEALTH CONDITIONS. A HEALTH QUALIFICATION
SHALL INCLUDE A DETERMINATION THAT A PATIENT IS QUALIFIED DUE TO A QUAL-
IFYING HEALTH CONDITION AND A LACK OF EXCLUSION CRITERIA.
8. "LICENSED HEALTHCARE PROVIDER" MEANS A PERSON WITH A VALID LICENSE
OR CERTIFICATE FROM THE DEPARTMENT OF EDUCATION FOR A PROFESSION
PROVIDED IN ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-TWO, ONE
HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY, ONE
HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FIFTY-THREE, ONE
HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SEVEN, ONE HUNDRED FIFTY-NINE, ONE
HUNDRED SIXTY, ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR ONE
HUNDRED SIXTY-SEVEN OR OTHERWISE RELATED TO WELLNESS, MEDICINE, HEALTH-
CARE, MENTAL HEALTH, OR BEHAVIORAL HEALTH. TO BE A LICENSED HEALTHCARE
PROVIDER UNDER THIS TITLE, SUCH LICENSED PROFESSIONAL'S AUTHORIZED SCOPE
OF PRACTICE DOES NOT NEED TO BUT MAY INCLUDE MEDICAL DIAGNOSIS OR TREAT-
MENT OF A QUALIFYING HEALTH CONDITION OR THE PRESCRIPTION OF MEDICA-
TIONS.
9. "QUALIFYING HEALTH CONDITIONS" MEAN CERTAIN HEALTH CONDITIONS THAT
INCLUDE BUT ARE NOT LIMITED TO:
(A) ADJUSTMENT DISORDER;
(B) AMYOTROPHIC LATERAL SCLEROSIS;
(C) ATTENTION DEFICIT/HYPERACTIVITY DISORDER;
(D) ARTHRITIS;
(E) AUTISM;
(F) ALZHEIMER'S;
(G) ANXIETY;
(H) ANOREXIA NERVOSA;
(I) BACTERIAL INFECTION OR DISEASE;
(J) BEHAVIORAL/PROCESS ADDICTION, INCLUDING GAMBLING, PORNOGRAPHY, OR
SHOPPING;
(K) BODY DYSMORPHIA;
(L) CANCER;
(M) CANCER-RELATED DISTRESS;
A. 2142 3
(N) CHRONIC PAIN;
(O) CHRONIC FATIGUE;
(P) CLUSTER HEADACHES;
(Q) DEPRESSIVE DISORDER;
(R) DEGENERATIVE DISC OR JOINT DISEASE;
(S) EATING DISORDER;
(T) EFFECTS FROM STROKE;
(U) EPILEPSY;
(V) EPISODIC MIGRAINES;
(W) FIBROMYALGIA;
(X) FUNCTIONAL GASTROINTESTINAL DISORDER, INCLUDING IRRITABLE BOWEL
SYNDROME (IBS) AND INFLAMMATORY BOWEL DISEASE (IBD);
(Y) HEADACHE DISORDERS;
(Z) HIV/AIDS;
(AA) INSOMNIA;
(BB) LYME DISEASE;
(CC) MOOD DISORDER;
(DD) MOTOR NEURON DISEASE;
(EE) MIGRAINE;
(FF) MULTIPLE SCLEROSIS;
(GG) MUSCULAR DYSTROPHY;
(HH) NEURODEGENERATIVE DISEASE INCLUDING NEUROPATHY;
(II) OBSESSIVE-COMPULSIVE DISORDER;
(JJ) PARKINSON'S DISEASE;
(KK) PANIC DISORDER;
(LL) PARESTHESIA;
(MM) PHANTOM LIMB PAIN;
(NN) PREMENSTRUAL SYNDROME OR PREMENSTRUAL DYSPHORIC DISORDER;
(OO) PROLONGED GRIEF DISORDER;
(PP) POSTPARTUM MENTAL HEALTH DISORDER;
(QQ) POST-ACUTE COVID-19 INFECTION CONDITION;
(RR) POST-TRAUMATIC STRESS DISORDER (PTSD) OR COMPLEX POST-TRAUMATIC
STRESS DISORDER;
(SS) PSYCHOGENIC PAIN DISORDER;
(TT) RESTLESS LEG SYNDROME;
(UU) RHEUMATOID ARTHRITIS;
(VV) SEXUAL DISORDER;
(WW) SENSORY PROCESSING DISORDER;
(XX) SLEEP DISORDER;
(YY) SUBSTANCE USE DISORDER, INCLUDING FOR USE OF OPIATES, TOBACCO,
AND ALCOHOL;
(ZZ) TERMINAL ILLNESS OR END-OF-LIFE DISTRESS;
(AAA) TRAUMATIC BRAIN INJURY (TBI), INCLUDING CONCUSSION;
(BBB) TREATMENT RESISTANT DEPRESSION;
(CCC) UNSPECIFIED MOOD DISORDER; AND
(DDD) ANY NOVEL OR EMERGENT HEALTH CONDITION NOT CATEGORIZED IN THE
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS OR KNOWN PHYSICAL
HEALTH CONDITIONS WHERE THERE IS EVIDENCE OF POTENTIAL USE OF PSILOCYBIN
WITH POSITIVE OUTCOMES IN CONNECTION WITH SUCH HEALTH CONDITIONS THAT
HAS BEEN IDENTIFIED IN A STUDY PUBLISHED IN A MEDICAL OR SCIENTIFIC
JOURNAL, INCLUDING PREPRINT SERVERS.
10. "LICENSED CULTIVATOR" MEANS A PERSON OR BUSINESS ENTERPRISE,
INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP, CORPORATION, LIMITED
LIABILITY COMPANY, OR OTHER BUSINESS ENTERPRISE, THAT POSSESSES A CULTI-
VATOR LICENSE PURSUANT TO THIS TITLE.
A. 2142 4
11. "LOW-INCOME" MEANS (A) INCOMES AT OR BELOW AT LEAST ONE HUNDRED
PERCENT OF THE FEDERAL POVERTY LEVEL, (B) BETWEEN AT LEAST ONE HUNDRED
ONE PERCENT AND ONE HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL,
(C) INCOMES BETWEEN AT LEAST ONE HUNDRED FIFTY-ONE PERCENT AND TWO
HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL, OR (D) INCOMES
BETWEEN AT LEAST TWO HUNDRED FIFTY-ONE PERCENT AND THREE HUNDRED PERCENT
OF THE FEDERAL POVERTY LEVEL.
12. "NONCOMMERCIAL" MEANS AN ACTION OR TRANSACTION OF GOODS THAT IS
WITHOUT REMUNERATION OR THE EXCHANGE OF MONEY.
13. "PERMIT COURSE" MEANS THE PSILOCYBIN REGULATION EDUCATIONAL PERMIT
(PREP) COURSE THAT INCLUDES EDUCATIONAL MATERIAL AND A TEST THAT MUST BE
SUCCESSFULLY COMPLETED BY A PERSON WHO HAS RECEIVED A HEALTH SCREENING
AND IS APPLYING FOR A PSILOCYBIN PERMIT. THERE WILL BE NO LIMIT IN THE
NUMBER OF ATTEMPTS TO COMPLETE THE TEST COMPONENT OF THE PERMIT COURSE
IN ORDER TO RECEIVE A PSILOCYBIN PERMIT, AS THE PURPOSE OF SUCH TEST IS
TO ENABLE EDUCATION AND INFORMATION TO INCREASE SAFETY OF ADULT USE OF
PSILOCYBIN.
14. "PERSON" MEANS A NATURAL PERSON.
15. "PSILOCYBIN" MEANS FUNGI THAT CONTAIN NATURALLY-OCCURRING PSILOCY-
BIN AND PSILOCIN COMPOUNDS PRODUCED BY SUCH FUNGAL SPECIES, INCLUDING
BUT NOT LIMITED TO WITHIN THE GENUS PSILOCYBIN.
16. "PSILOCYBIN PERMIT" MEANS A WRITTEN AUTHORIZATION FROM THE DEPART-
MENT ISSUED TO A PERSON AT LEAST EIGHTEEN YEARS OLD WHO HAS RECEIVED A
HEALTH SCREENING AND SUCCESSFULLY COMPLETED THE PERMIT COURSE TO ALLOW
ADULT USE OF PSILOCYBIN IN CONNECTION WITH A PUBLIC HEALTH FRAMEWORK.
17. "SCHOOL GROUNDS" MEANS ANY BUILDING, STRUCTURE, AND SURROUNDING
OUTDOOR GROUNDS, INCLUDING ENTRANCES OR EXITS, CONTAINED WITHIN A PUBLIC
OR PRIVATE PRE-SCHOOL, NURSERY SCHOOL, ELEMENTARY OR SECONDARY SCHOOL'S
LEGALLY DEFINED PROPERTY BOUNDARIES AS REGISTERED IN A COUNTY CLERK'S
OFFICE.
18. "SUPPORT SERVICES" MEAN THE SERVICES CONSISTENT WITH THIS TITLE
THROUGH ACTIONS OF SUPPORTIVE CARE AND RESPONSE TO ADVERSE HEALTH
CIRCUMSTANCES, PROVISION OF EDUCATIONAL INFORMATION, AND OTHER CONDUCT
PROVIDED BY A CERTIFIED SUPPORT SERVICES PROVIDER THAT INCREASE THE
SAFETY AND REDUCE POTENTIAL RISKS ASSOCIATED WITH A PSILOCYBIN PERMIT
HOLDER'S AUTHORIZED USE OF PSILOCYBIN.
19. "SUPPORT SERVICES PROVIDER CERTIFICATION" MEANS A CERTIFICATION
THAT IS REGULATED AND ISSUED BY THE DEPARTMENT THAT AUTHORIZES THE
SUPPORT SERVICES OF A SUPPORT SERVICES PROVIDER.
20. "SUPPORT SERVICES PROVIDER" MEANS A PERSON WHO HAS BEEN GRANTED A
CERTIFICATION TO PROVIDE RISK REDUCTION SUPPORT SERVICES, UPON
COMPLETION AND CONTINUED SATISFACTION OF ALL REQUIREMENTS UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-NINE-CC OF THIS TITLE, INCLUDING ONGOING
EDUCATION AND TRAINING IN CONNECTION WITH A PERMIT HOLDER'S ADULT USE OF
PSILOCYBIN.
§ 3369-BB. REGULATION OF PSILOCYBIN PROGRAMS. 1. THE DEPARTMENT SHALL
MANAGE ALL OPERATIONS OF THIS TITLE.
2. THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT THIS
TITLE.
3. THE DEPARTMENT MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE
OPERATION OF THIS TITLE. THE DEPARTMENT MAY ENTER INTO AGREEMENTS WITH
ONE OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS, UNIVERSITIES, OR OTHER
ORGANIZATIONS, FOR THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTA-
TION AND EFFECTIVENESS OF THIS TITLE.
4. THE DEPARTMENT SHALL BE RESPONSIBLE FOR REGULATING THE ADULT USE OF
PSILOCYBIN WITH A PERMIT, CULTIVATION LICENSES AND LICENSED CULTIVATOR
A. 2142 5
OPERATION REQUIREMENTS, CERTIFICATION OF SUPPORT SERVICES PROVIDERS, AND
OTHER AUTHORIZED AND RELATED PROGRAMS.
5. THE DEPARTMENT SHALL CREATE A REPORTING PROGRAM TO ALLOW PERMIT
HOLDERS THE OPTIONAL OPPORTUNITY TO IDENTIFY HEALTH AND EXPERIENCE DATA
IN CONNECTION WITH ADULT USE OF PSILOCYBIN, INCLUDING ON HEALTH CONDI-
TIONS AND POTENTIAL EXCLUSION CRITERIA, AND ALSO TO MAKE REPORTS ABOUT
CERTIFIED SUPPORT SERVICES PROVIDERS AND THE PROVISION OF ETHICAL
SERVICES. CERTIFIED SUPPORT PROVIDERS SHALL BE ENCOURAGED TO USE THE
REPORTING PROGRAM TO IDENTIFY DATA AROUND RISK REDUCTION SUPPORT
SERVICES.
6. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE REGULATED ACCESS OF PSILOCYBIN UNDER THIS TITLE AND MAKE
APPROPRIATE RECOMMENDATIONS.
§ 3369-CC. REGULATED ADULT USE OF PSILOCYBIN IN CONNECTION WITH PUBLIC
HEALTH FRAMEWORK AND HEALTH CONDITIONS. A PSILOCYBIN PERMIT HOLDER
SHALL BE PERMITTED TO ENGAGE IN THE ADULT USE OF PSILOCYBIN IN
CONNECTION WITH QUALIFYING HEALTH CONDITIONS, PROVIDED THAT:
1. A PERSON SHALL BE PROVIDED A PSILOCYBIN PERMIT UPON COMPLETION OF A
HEALTH SCREENING AND THE PERMIT COURSE.
2. A PERSON SHALL ENGAGE IN A HEALTH SCREENING THAT CERTIFIES THE
EXISTENCE OF SYMPTOMS OR DIAGNOSIS OF ANY HEALTH CONDITIONS AND NO
EXISTENCE OF EXCLUSION CRITERIA.
3. A HEALTH SCREENING SHALL INCLUDE A STRUCTURED SCREEN OF HEALTH WITH
A FORM COMPLETED BY A PERSON APPLYING FOR A PSILOCYBIN PERMIT.
4. AS PART OF THE HEALTH SCREENING, A PERSON MAY CONSULT, AS A
PATIENT, WITH A LICENSED HEALTHCARE PROVIDER WHO MAY MAKE THE DETERMI-
NATION OF A HEALTH QUALIFICATION THAT STATES: "BASED ON THE RELATIONSHIP
WITH THE PATIENT AND PROFESSIONAL JUDGMENT, THE USE OF PSILOCYBIN IN
CONNECTION WITH THE PATIENT'S QUALIFYING HEALTH CONDITION IS QUALIFIED."
5. AS PART OF THE HEALTH SCREENING, A PERSON MAY SELF-REPORT SYMPTOMS
AND ANY DIAGNOSIS THAT INDICATES ANY HEALTH CONDITIONS, WHETHER QUALIFY-
ING OR OTHERWISE, OR EXCLUSION CRITERIA.
6. A HEALTH SCREENING FORM SHALL BE UPDATED BY THE PERMIT HOLDER IF
THERE ARE ANY CHANGES TO THE CERTIFICATIONS OF HEALTH CONDITIONS,
INCLUDING ANY NEW SYMPTOMS OR DIAGNOSIS, THAT CONSTITUTE EXCLUSION
CRITERIA ON THE FORM FILED WITH THE DEPARTMENT AND RECOMPLETED BIENNIAL-
LY TO MAINTAIN THE PSILOCYBIN PERMIT. ANY CHANGES TO SUCH FORM SHALL NOT
PRECIPITATE A REQUIREMENT TO ENGAGE IN THE PERMIT COURSE UNTIL THE FOUR
YEAR REQUIREMENT PROVIDED IN THIS SECTION.
7. A HEALTH SCREENING SHALL INCLUDE CLEAR DISCLOSURE THAT ADULT USE OF
PSILOCYBIN UNDER THIS TITLE IS NOT TO TREAT ANY HEALTH CONDITIONS AND
THE EXISTENCE OF HEALTH ASSESSMENTS AND TREATMENTS FOR ANY POTENTIAL
HEALTH CONDITIONS.
8. A HEALTH SCREENING SHALL INCLUDE CLEAR DISCLOSURE THAT EXCLUSION
CRITERIA IN CONNECTION WITH USE OF PSILOCYBIN MAY INCREASE SIGNIFICANT
HEALTH AND SAFETY RISKS.
9. ANY INDICATION OF EXCLUSION CRITERIA SHALL DISQUALIFY A PERSON FROM
A PSILOCYBIN PERMIT DUE TO HEALTH RISKS TO SUCH PERSON OR OTHERS.
10. A HEALTH SCREENING SHALL BE ALLOWED TO BE TAKEN IN AN ENTIRELY
ONLINE FORMAT PROVIDED BY THE DEPARTMENT OR WITH A LICENSED HEALTHCARE
PROVIDER, WHO SHALL THEN SUBMIT SUCH SCREENING TO THE DEPARTMENT. THE
DEPARTMENT SHALL PROVIDE MATERIALS THAT SHALL ASSIST PERSONS IN ASSIST-
ING WITH A HEALTH SCREENING AT PUBLIC LOCATIONS WITH COMPUTERS, SUCH
PUBLIC PLACES SHALL INCLUDE LIBRARIES.
A. 2142 6
11. THE PERMIT COURSE, WHICH SHALL BE NO LONGER THAN FIVE (5) HOURS
AND ALLOWED TO BE TAKEN IN AN IN-PERSON OR ENTIRELY ONLINE FORMAT, SHALL
PROVIDE THE APPROPRIATE EDUCATION AND INFORMATION ABOUT PSILOCYBIN AND
PSILOCYBIN-CONTAINING FUNGI USING A CURRICULUM DEVELOPED BY THE DEPART-
MENT REGARDING THE HISTORY OF INDIGENOUS, RELIGIOUS, AND CULTURAL USE,
SAFETY, POTENCY AND EFFECTS OF DOSING AMOUNTS, CONTRAINDICATED HEALTH
CONDITIONS AND SUBSTANCES, THE VALUE OF PREPARATION AND INTEGRATION, THE
APPROPRIATE SETTING FOR USE, AND ANY MEDICALLY AVAILABLE EVIDENCE OF
BENEFITS, HEALTH RISKS, THE CRITICAL AND SENSITIVITY PERIOD SUBSEQUENT
TO PSILOCYBIN USE, CULTIVATION STRATEGIES AND RISKS, OPTIONAL SUPPORT
SERVICES AVAILABLE, AS WELL AS APPROPRIATE CONDUCT AND INFORMED CONSENT
REQUIRED FOR SUCH SERVICES, AND THE DEPARTMENT REPORTING SYSTEM ESTAB-
LISHED PURSUANT TO THIS TITLE. THE DEPARTMENT SHALL UPDATE THE CURRIC-
ULUM FOR THE PERMIT COURSE WITH MEDICALLY AVAILABLE INFORMATION BIENNI-
ALLY.
12. THE PERMIT COURSE, IF AVAILABLE ONLINE, SHALL BE MADE AVAILABLE IN
SECTIONS IN ORDER TO ALLOW FOR INTERMITTENT PARTICIPATION. THE DEPART-
MENT SHALL ESTABLISH MATERIALS THAT ALLOW ASSISTANCE WITH THE PERMIT
COURSE AT PUBLIC LOCATIONS WITH COMPUTERS, SUCH PUBLIC PLACES SHALL
INCLUDE LIBRARIES.
13. A PERMIT HOLDER MUST SUCCESSFULLY COMPLETE AN ABBREVIATED RENEWAL
PERMIT COURSE BASED ON CHANGES TO THE CURRICULUM OR THIS TITLE EVERY
FOUR YEARS TO MAINTAIN SUCH PERMIT HOLDER'S PERMIT.
14. THE COST OF THE PERMIT COURSE AND THE PERMIT APPLICATION SHALL NOT
EXCEED REASONABLE, ACCESSIBLE FEES CONSISTENT WITH OTHER STATE PERMITS.
A PERMIT COURSE SHALL NOT EXCEED TWO HUNDRED DOLLARS AND THE PERMIT
APPLICATION SHALL NOT EXCEED EIGHTY DOLLARS. A PERMIT COURSE WITH ADDI-
TIONAL EDUCATIONAL COMPONENTS TO THE DEPARTMENT APPROVED CURRICULUM WITH
SEPARATE FEES SHALL BE PERMITTED. LOW-INCOME WAIVERS FOR FEES FOR A
PSILOCYBIN PERMIT APPLICATION SHALL BE ESTABLISHED BY THE DEPARTMENT
WHICH SHALL REQUIRE A PERMIT COURSE PROVIDER TO PROVIDE A CERTAIN NUMBER
OR PERCENTAGE OF LOW-INCOME FEE WAIVERS.
15. THE DEPARTMENT MAY APPROVE A PERMIT COURSE DEVELOPED BY A PERSON
OR BUSINESS ENTERPRISE THAT SATISFIES THE CURRICULUM REQUIREMENTS AND
WILL PROVIDE CERTIFICATION THAT SUCH PERMIT COURSE, INCLUDING THE TEST,
WAS SUCCESSFULLY COMPLETED TO THE DEPARTMENT. THE DEPARTMENT SHALL MAKE
IT A PRIORITY TO APPROVE ONLINE AND EQUITY-BASED PERMIT COURSE OFFERINGS
BY PERSONS OR BUSINESS ENTERPRISES TO INCREASE ACCESS. THERE SHALL BE NO
LIMITATION ON THE NUMBER OF APPROVALS TO PROVIDERS OF A PERMIT COURSE.
16. A PSILOCYBIN PERMIT MAY BE GRANTED TO A CITIZEN OF ANY STATE, BUT
SUCH RIGHTS GRANTED BY THE PSILOCYBIN PERMIT ONLY AUTHORIZE THE REGU-
LATED ACTIVITIES IN THIS TITLE WITHIN THE STATE OF NEW YORK.
17. A PSILOCYBIN PERMIT HOLDER MAY ONLY LAWFULLY ACQUIRE PSILOCYBIN
FOR ADULT USE THROUGH ENGAGING IN COMMERCIAL TRANSACTIONS FOR PSILOCYBIN
FROM A LICENSED CULTIVATOR PURSUANT TO THIS TITLE, CULTIVATION OF THEIR
OWN PSILOCYBIN CONTAINING FUNGI, OR RECEIVE IT AS A NON-COMMERCIAL GIFT
FROM ANOTHER PERMIT HOLDER.
18. PERMIT HOLDERS HAVE THE OPTION TO ENGAGE SUPPORT SERVICES PROVID-
ERS FOR RISK REDUCTION SUPPORT SERVICES DURING ADULT USE OF PSILOCYBIN.
19. PERMIT HOLDERS SHALL RECEIVE A DOCUMENT SUMMARIZING THE RIGHTS AND
LIMITATIONS OF A PSILOCYBIN PERMIT, AS WELL AS THE CONTACT INFORMATION
FOR THE REPORTING PROGRAM, A LIST OF CERTIFIED SUPPORT SERVICES PROVID-
ERS, AND EDUCATIONAL AND RISK REDUCTION RESOURCES AVAILABLE, INCLUDING
CONTACT INFORMATION FOR EXISTING CALL CENTERS PROVIDING RISK REDUCTION
SERVICES.
A. 2142 7
20. ADULT USE OF PSILOCYBIN SHALL NOT BE PERMITTED IN A PUBLIC
LOCATION WITHIN FIVE HUNDRED FEET OF A SCHOOL GROUNDS.
21. A PERMIT HOLDER IS AUTHORIZED TO PURCHASE FROM A LICENSED CULTIVA-
TOR, AS PROVIDED UNDER THIS TITLE, AN ALLOWABLE AMOUNT OF TWO OUNCES OF
PROCESSED, DRIED PSILOCYBIN-CONTAINING FUNGI EACH CALENDAR MONTH. THE
DEPARTMENT MAY INCREASE THIS ALLOWABLE AMOUNT.
22. MEASURING WEIGHT OF PSILOCYBIN-CONTAINING FUNGI FOR ADULT USE
SHALL BE MEASURED BASED ON THE DRIED, PROCESSED CONDITION OF PSILOCY-
BIN-CONTAINING FUNGI, AND DOES NOT INCLUDE THE WEIGHT OF ANY MATERIAL OF
WHICH THE SUBSTANCE IS A PART OR TO WHICH THE SUBSTANCE IS ADDED,
DISSOLVED, HELD IN SOLUTION, OR SUSPENDED, OR ANY INGREDIENT OR MATERIAL
COMBINED WITH THE SUBSTANCE AS PART OF A PREPARATION.
23. A PERMIT HOLDER IS AUTHORIZED TO PERSONALLY CULTIVATE PSILOCYBIN-
CONTAINING FUNGI IN A CULTIVATION SPACE THAT PRODUCES NO MORE THAN A
LIMITED SPACE IN VOLUME, AS REGULATED BY THE DEPARTMENT, FOR ADULT USE
OF PSILOCYBIN. NO PSILOCYBIN PERMIT HOLDER SHALL BE PENALIZED FOR
POSSESSION IN EXCESS OF THE ALLOWABLE AMOUNT IF IT IS STORED IN A LOCKED
CONTAINER WITHIN THEIR RESIDENCE FOR ADULT USE. NOTWITHSTANDING ANY
PROVISION TO THE CONTRARY, PERSONAL CULTIVATION DOES NOT PERMIT COMMER-
CIAL SALES OR RIGHTS GRANTED BY A CULTIVATION LICENSE.
24. A PERMIT HOLDER MAY PROVIDE PSILOCYBIN TO OTHER PERMIT HOLDERS
ONLY IF THE PSILOCYBIN IS A NON-COMMERCIAL TRANSACTION AND A PSILOCYBIN
PERMIT IS PROVIDED TO DEMONSTRATE AUTHORIZATION PURSUANT TO THIS TITLE.
A PERMIT HOLDER IS PROHIBITED FROM THE TRANSFER OF PSILOCYBIN AS A
REMUNERATED COMMERCIAL TRANSACTION UNLESS AUTHORIZED TO DO SO AS A
LICENSED CULTIVATOR PURSUANT TO SECTION THIRTY-THREE HUNDRED SIXTY-NINE-
EE OF THIS TITLE.
25. A LICENSED HEALTHCARE PROVIDER MAY, WITHIN THE SCOPE OF SUCH
HEALTHCARE PROVIDER'S PRACTICE, OFFER PROFESSIONAL SERVICES TO SUPPORT
PATIENTS AND CLIENTS WHO ARE PERMIT HOLDERS IN SUCH PATIENTS' ADULT USE
OF PSILOCYBIN, INCLUDING WITH RESPECT TO THE HEALTH SCREENING OR IN
PREPARATION FOR OR SUBSEQUENT TO CERTIFIED SUPPORT SERVICES.
26. A CAREGIVER OF A PSILOCYBIN PERMIT HOLDER SHALL BE PROTECTED
PURSUANT TO THIS ARTICLE WHEN SUCH CAREGIVER SOLELY PROVIDES ASSISTANCE
IN THE ADULT USE OF PSILOCYBIN BY SUCH PERMIT HOLDER, INCLUDING WITH
RESPECT TO CULTIVATION, POSSESSION, AND CONSUMPTION OF PSILOCYBIN-CON-
TAINING FUNGI.
27. PSILOCYBIN PERMIT HOLDERS WHO ARE IN VIOLATION OF THIS TITLE IN
MORE THAN TWO INSTANCES MAY BE PENALIZED BY LOSS OF SUCH PERMIT FOR A
PERIOD OF TWO YEARS AND, AFTER SUCH PENALIZATION PERIOD, SHALL SUBSE-
QUENTLY BE ENTITLED TO APPLY FOR A PSILOCYBIN PERMIT.
§ 3369-DD. CERTIFICATION AND AUTHORIZED SERVICES OF SUPPORT SERVICES
PROVIDER. 1. SUPPORT SERVICES PROVIDERS SHALL BE CERTIFIED BY THE
DEPARTMENT SUBSEQUENT TO TRAINING AND SATISFACTION OF REQUIREMENTS TO
PROVIDE NON-MEDICAL, NON-THERAPEUTIC, AND NON-DIRECTIVE RISK REDUCTION
SUPPORT SERVICES TO INCREASE THE HEALTH AND SAFETY OF A PERMIT HOLDER
DURING ADULT USE OF PSILOCYBIN.
2. NO SUPPORT SERVICES CERTIFICATION ESTABLISHES ANY LICENSURE,
CERTIFICATION, OR OTHER AUTHORITY TO PROVIDE THERAPY, COACHING, OR
TREATMENT IN CONNECTION WITH ADULT USE OF PSILOCYBIN, BUT SUPPORT
SERVICES PROVIDERS ARE NOT PRECLUDED FROM CONTRACTING OR PROVIDING SEPA-
RATELY FOR SUCH SERVICES.
3. IN ORDER TO RECEIVE A SUPPORT SERVICES PROVIDER CERTIFICATION FROM
THE DEPARTMENT, A PERSON SHALL COMPLETE A SUPPORT SERVICES TRAINING
COURSE WITH A CURRICULUM AND WRITTEN EXAM THAT INCLUDES EDUCATION AND
INFORMATION ABOUT PSILOCYBIN REGARDING ITS HISTORY OF INDIGENOUS USE AND
A. 2142 8
CULTURAL RELEVANCE, BENEFITS AND HEALTH RISKS BASED ON CURRENTLY AVAIL-
ABLE MEDICAL EVIDENCE, EFFECTS OF DOSING AMOUNTS, CONTRAINDICATED HEALTH
CONDITIONS AND INTERACTING SUBSTANCES THAT INCREASE RISKS, INFORMED
CONSENT, RISK REDUCTION STRATEGIES, AND ADVERSE EVENT AND EMERGENCY
PROTOCOL, AS DETERMINED BY THE DEPARTMENT IN REGULATION.
4. THE COST OF ANY SUPPORT SERVICES TRAINING COURSE SHALL BE A REASON-
ABLE, ACCESSIBLE AMOUNT AND NOT EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS
AND THE CERTIFICATION APPLICATION SHALL NOT EXCEED EIGHTY DOLLARS.
5. A SUPPORT SERVICES PROVIDER IS OBLIGATED TO PARTICIPATE IN BIENNIAL
CONTINUED EDUCATION COURSES WITH A CURRICULUM DETERMINED BY THE DEPART-
MENT IN REGULATION.
6. ANY TRAINING COURSE FOR SUPPORT SERVICES PROVIDERS SHALL BE AVAIL-
ABLE FOR A REASONABLE FEE AND MAY BE PROVIDED ENTIRELY ONLINE TO CREATE
AFFORDABILITY, ACCESSIBILITY, RECOGNIZE NEED FOR CULTURALLY COMPETENT
RISK REDUCTION SUPPORT, AND DIVERSITY.
7. THE DEPARTMENT MAY APPROVE A SUPPORT SERVICES TRAINING COURSE
DEVELOPED BY A PERSON OR BUSINESS ENTERPRISE THAT SATISFIES THE CURRIC-
ULUM REQUIREMENTS UNDER THIS TITLE AND WILL PROVIDE CERTIFICATION THAT
SUCH TRAINING COURSE, INCLUDING THE EXAM, WAS SUCCESSFULLY COMPLETED TO
THE DEPARTMENT.
8. SUPPORT SERVICES PROVIDERS MAY PROVIDE SUPPORT SERVICES IN ANY
LOCATION, AS DETERMINED BY THE DEPARTMENT AND TO CREATE ACCESSIBILITY,
INCLUDING BUT NOT LIMITED TO APPROPRIATELY ZONED SETTINGS SUCH AS
PRIVATE OFFICES AND COMMERCIAL USE, OR RESIDENCES OF THE PERMIT HOLDER
OR THE SUPPORT SERVICES PROVIDER WHERE A HOME OCCUPATION IS ALLOWED.
9. THE DEPARTMENT SHALL DEVELOP AN INFORMED CONSENT DOCUMENT THAT MUST
BE USED AND MAY BE MODIFIED TO INCLUDE ADDITIONAL BUT NOT CONFLICTING
INFORMATION BY A SUPPORT SERVICES PROVIDER IN EACH INSTANCE OF PROVISION
OF SUCH SERVICES TO A PSILOCYBIN PERMIT HOLDER.
10. ONE OR MORE SUPPORT SERVICES PROVIDERS MAY PROVIDE SUPPORT
SERVICES TO ONE OR MORE PERMIT HOLDERS SIMULTANEOUSLY CONSISTENT WITH
CERTAIN RULES, SUCH AS THE PROPORTION OF SERVICE PROVIDERS TO PERMIT
HOLDERS, AS DETERMINED BY THE DEPARTMENT IN REGULATION.
11. A PERSON MAY, BUT SHALL NOT BE REQUIRED TO, HAVE A PSILOCYBIN
PERMIT AND SUPPORT SERVICES CERTIFICATION CONCURRENTLY.
12. THE DEPARTMENT MAY ESTABLISH ADDITIONAL LEVELS OF CERTIFICATION
PURSUANT TO RESEARCH AND MEDICAL STANDARDS.
13. THE DEPARTMENT SHALL CREATE A CERTIFICATION BOARD TO REVIEW
SUPPORT SERVICES PROVIDER CERTIFICATION AND THE COMPLIANCE OF A SUPPORT
SERVICES PROVIDER.
14. A SUPPORT SERVICES PROVIDER SHALL BE ENTITLED TO OFFER SUPPORT
SERVICES IN EXCHANGE FOR COMPENSATION AS A COMMERCIAL TRANSACTION.
15. A SUPPORT SERVICES PROVIDER MAY ENGAGE IN THE COMMERCIAL TRANS-
ACTION OF THEIR AUTHORIZED SUPPORT SERVICES UNDER THIS TITLE AND, IF A
PERMIT HOLDER, SIMULTANEOUSLY ENGAGE IN THE NONCOMMERCIAL TRANSACTION OF
GIFTING PSILOCYBIN TO THE PERMIT HOLDER ENGAGING SUCH PROVIDER FOR
SUPPORT SERVICES.
16. A SUPPORT SERVICES PROVIDER SHALL REQUIRE CONFIRMATION OF A VALID
PSILOCYBIN PERMIT AND REVIEW THE HEALTH SCREENING FORM PROVIDED BY THE
PERMIT HOLDER ENGAGING SUPPORT SERVICES PRIOR TO PROVISION OF SERVICES
DURING THE ADULT USE OF PSILOCYBIN AUTHORIZED UNDER THIS TITLE. A PERMIT
HOLDER SHALL CONFIRM ACCURACY OF RESPONSES ON THE HEALTH SCREENING FORM
BEFORE EACH INSTANCE OF SUPPORT SERVICES.
17. THE DEPARTMENT SHALL ALLOCATE A PORTION OF THE PROCEEDS AND TAX
REVENUE GENERATED IN CONNECTION WITH THE PROGRAMS ESTABLISHED UNDER THIS
TITLE TO SUBSIDIZE COMPENSATION FOR SUPPORT SERVICES PROVIDERS ENGAGED
A. 2142 9
BY LOW-INCOME INDIVIDUALS WITH PSILOCYBIN PERMITS SEEKING AUTHORIZED
RISK REDUCTION SUPPORT SERVICES IN CONNECTION WITH ADULT USE OF PSILOCY-
BIN. THE DEPARTMENT SHALL ESTABLISH, WITHIN ONE YEAR OF THE COMMENCE-
MENT OF THE PSILOCYBIN PERMIT PROGRAM, A PROGRAM WHERE CERTIFIED SUPPORT
SERVICES PROVIDERS MAY APPLY TO BE ELIGIBLE TO RECEIVE FUNDS FOR AN
APPROVED RATE OF COMPENSATION IN ORDER TO PROVIDE PARTIALLY OR FULLY
SUBSIDIZE RISK REDUCTION SUPPORT SERVICES.
18. THE DEPARTMENT SHALL ALLOCATE A PORTION OF THE PROCEEDS AND TAX
REVENUE GENERATED IN CONNECTION WITH THE PROGRAMS ESTABLISHED PURSUANT
TO THIS TITLE TO SUBSIDIZE COMPENSATION FOR LICENSED HEALTHCARE PROFES-
SIONALS WITH EXPERIENCE WITH PSYCHEDELIC-ASSISTED THERAPY ENGAGED BY
LOW-INCOME INDIVIDUALS WITH PSILOCYBIN PERMITS SEEKING THERAPY SERVICES
IN CONNECTION WITH ADULT USE OF PSILOCYBIN. THE DEPARTMENT SHALL ESTAB-
LISH, WITHIN ONE YEAR OF THE COMMENCEMENT OF THE PSILOCYBIN PERMIT
PROGRAM, A PROGRAM WHERE LICENSED HEALTHCARE PROFESSIONALS MAY APPLY TO
BE ELIGIBLE TO RECEIVE FUNDS FOR AN APPROVED RATE OF COMPENSATION IN
ORDER TO PROVIDE PARTIALLY OR FULLY SUBSIDIZED LICENSED PSYCHEDELIC-AS-
SISTED THERAPY SERVICES.
19. A SUPPORT SERVICES CERTIFICATION UNDER THIS TITLE SHALL NOT BE A
PROFESSIONAL LICENSE UNDER THE EDUCATION LAW.
20. THE DEPARTMENT OF EDUCATION, THE DEPARTMENT, AND ANY APPLICABLE
STATE LICENSING BOARDS MAY ESTABLISH CERTIFICATIONS, LICENSURE, OR
RELATED REGULATIONS TO ALLOW A LICENSED PROFESSIONAL TO PROVIDE PROFES-
SIONAL SERVICES SIMULTANEOUSLY WITH SUPPORT SERVICES WITH A SUPPORT
SERVICES PROVIDER CERTIFICATION OR AS OTHERWISE DETERMINED IN REGU-
LATION.
21. THIS TITLE SHALL ALLOW THE LICENSED PROFESSIONALS TO SHARE
PATIENT-APPROVED INFORMATION WITH SUPPORT SERVICE PROVIDERS THROUGH
LAWFUL DISCLOSURES AND AGREEMENTS, AS CONSISTENT WITH THE HEALTH INSUR-
ANCE PORTABILITY AND ACCOUNTABILITY ACT, AS APPLICABLE.
§ 3369-EE. CULTIVATOR LICENSE AND REQUIREMENTS. 1. FOR THE PURPOSES
OF THIS TITLE, PSILOCYBIN-CONTAINING FUNGI SHALL NOT CONSTITUTE A
"FOOD," OR "FOOD PRODUCT," AS DEFINED AND REGULATED BY SECTION 161.21 OF
TITLE ONE OF THE COMPILATION OF CODES, RULES, AND REGULATIONS OF THE
STATE OF NEW YORK, TO BE DISTINGUISHED FROM FUNGI THAT DO NOT CONTAIN
PSILOCYBIN THAT ARE CULTIVATED UNDER CONTROLLED CONDITIONS.
2. THE DEPARTMENT MAY ISSUE A CULTIVATOR LICENSE TO A CULTIVATOR OF
PSILOCYBIN-CONTAINING FUNGI TO CULTIVATE AND ENGAGE IN COMMERCIAL TRANS-
ACTIONS OF PSILOCYBIN-CONTAINING FUNGI CONSISTENT WITH THIS TITLE TO
PSILOCYBIN PERMIT HOLDERS. CULTIVATION OF PSILOCYBIN-CONTAINING FUNGI
INCLUDES PRODUCTION, MANUFACTURE, PROCESSING, AND REQUIRED TESTING AND
DISCLOSURES. COMMERCIAL TRANSACTION OF PSILOCYBIN-CONTAINING FUNGI
INCLUDE, SALE, DISTRIBUTION, AND DELIVERY.
3. TO OBTAIN A CULTIVATOR LICENSE, AN APPLICANT MUST SHOW ABILITY TO
SATISFY THE REQUIREMENTS OF THIS SECTION. MAINTENANCE OF A CULTIVATOR
LICENSE REQUIRES THE DEMONSTRATION OF THE SATISFACTION OF ALL REQUIRE-
MENTS OF THIS SECTION AND ANY REGULATIONS PROMULGATED BY THE DEPARTMENT
PURSUANT TO THIS SECTION.
4. A LICENSED CULTIVATOR MUST CULTIVATE PSILOCYBIN-CONTAINING FUNGI IN
A PROPERLY ZONED AND LICENSED FACILITY APPROVED FOR CULTIVATION PURSUANT
TO REGULATIONS, BUT ZONING APPROVAL SHALL NOT BE MORE RESTRICTIVE THAN
GENERALLY ALLOWED ZONING FOR FOOD CULTIVATION AND OTHER AGRICULTURAL
ENTERPRISES. PROCESSING AND PACKAGING OF PSILOCYBIN-CONTAINING FUNGI
MUST BE PERFORMED IN A MANNER CONSISTENT WITH THE RELEVANT SAFETY REGU-
LATIONS. PSILOCYBIN-CONTAINING FUNGI MUST BE STORED UNDER SANITARY
CONDITIONS.
A. 2142 10
5. A LICENSED CULTIVATOR SHALL CULTIVATE PSILOCYBIN-CONTAINING FUNGI
USING CONTROLLED CONDITIONS THAT ADHERE TO CURRENT FOOD SAFETY PROTOCOL
IN ORDER TO REASONABLY REDUCE FUNGI CONTAMINANTS.
6. A LICENSED CULTIVATOR SHALL CLEARLY LABEL THE PSILOCYBIN-CONTAINING
FUNGI WITH THE REQUIRED DISCLOSURES, INCLUDING THE FULL REGISTERED NAME
OF THE LICENSED CULTIVATOR, SUCH CULTIVATOR'S OFFICE ADDRESS, A
DESCRIPTION OF CONTENTS PROVIDING THE DISCLOSURE OF THE STRAIN, AND THE
CULTURE-SPECIFIC APPROXIMATE PSILOCYBIN EQUIVALENT POTENCY OF THE PSILO-
CYBIN-CONTAINING FUNGI.
7. A LICENSED CULTIVATOR SHALL ENGAGE IN ANNUAL TESTING FOR EACH
CULTURE USED FOR CULTIVATION IN ORDER TO REASONABLY CONFIRM SATISFACTION
OF ALL RELEVANT PROTOCOL, INCLUDING STRAIN AND POTENCY, THROUGH AUTHOR-
IZED IN-STATE TESTING FACILITIES, AS REGULATED BY THE DEPARTMENT. ANY
NEW CULTURES SHALL BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
8. A LICENSED CULTIVATOR MAY SELL DIRECTLY TO PERMIT HOLDERS WITHIN AN
INTRASTATE SYSTEM ESTABLISHED BY THE DEPARTMENT. SALES BY LICENSED
CULTIVATORS MAY BE ACCOMPLISHED USING DIRECT TO CONSUMER DELIVERY
SERVICES SOLELY TO PERMIT HOLDERS IN THE STATE. DELIVERIES MAY BE FACIL-
ITATED BY CONTRACTING WITH ADDITIONAL PERSONS OR BUSINESS ENTERPRISES
AND REMAIN AN AUTHORIZED ACTIVITY PURSUANT TO A CULTIVATOR LICENSE.
9. SALES SHALL NOT BE REQUIRED TO BE THROUGH A DISPENSARY, HOWEVER
THE DEPARTMENT MAY PROMULGATE RULES RELATED TO A DISPENSARY CONTRACTED
WITH A LICENSED CULTIVATOR AND MEETS OTHER APPLICABLE REQUIREMENTS OF
THIS TITLE.
10. ANY COMMERCIAL TRANSACTION REQUIRES PROVISION OF AN INFORMATIONAL
DOCUMENT THAT GIVES INFORMATION ABOUT STRENGTH OF PSILOCYBIN-CONTAINING
FUNGI AND DOSING AND IDENTIFIES OPTIONAL SUPPORT SERVICE PROVIDERS.
11. ANY PERSON OR BUSINESS ENTERPRISE THAT IS CONTRACTED FOR SERVICES
BY A LICENSED CULTIVATOR, FOR OR TO ACCOMPLISH AN AUTHORIZED ACTIVITY
UNDER SUCH CULTIVATOR LICENSE, SUCH AS DELIVERY SERVICES TO PERMIT HOLD-
ERS OR TESTING OF POTENCY, SHALL BE CONSIDERED A LICENSEE TO THE EXTENT
OF THE PERFORMANCE OF THE CONTRACTED SERVICES AND SHALL NOT BE IN
VIOLATION OF THIS TITLE.
12. LICENSED CULTIVATORS SHALL MAINTAIN SECURE STORAGE OF PSILOCYBIN
PRIOR TO DISTRIBUTION TO PREVENT DIVERSION AND IN A MANNER THAT WILL
MAINTAIN THE DISCLOSED POTENCY AND PREVENT CONTAMINATION.
13. LICENSED CULTIVATORS MUST MAINTAIN RECORDS OF ALL CULTIVATION
PRODUCTION AND SALES. UPON REQUEST BY THE DEPARTMENT, LICENSED CULTIVA-
TORS MUST PROVIDE THESE RECORDS AND ENGAGE IN ANNUAL INSPECTIONS.
14. THE DEPARTMENT SHALL MAINTAIN A REGISTRY OF CULTIVATORS WHO ARE
LICENSED FOR PERMIT HOLDERS TO PURCHASE PSILOCYBIN-CONTAINING FUNGI.
§ 3369-FF. RELATION TO OTHER LAWS. 1. NOTHING UNDER THIS TITLE PERMITS
OR AUTHORIZES THE PROMOTION OF USE OF PSILOCYBIN AS A DRUG, SUBSTANCE,
OR PRODUCT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR
MENTAL HEALTH OR OTHER HEALTH CONDITIONS.
2. SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTICLE SHALL BE AMENDED
TO REMOVE "PSILOCYBIN" AND "PSILOCIN" FROM THE SCHEDULES OF CONTROLLED
SUBSTANCES AND TO PROVIDE AN EXCEPTION FOR "PSILOCYBIN" AND "PSILOCIN"
FROM "HALLUCINOGENIC SUBSTANCES".
3. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN AND PSILOCIN SHALL NOT
BE DEEMED TO BE A "DRUG" FOR PURPOSES OF SUBDIVISION TWELVE OF SECTION
THIRTY-THREE HUNDRED TWO OF THIS ARTICLE.
4. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN-CONTAINING MUSHROOMS
SHALL NOT BE DEEMED A FOOD OR FOOD PRODUCT UNDER THE AGRICULTURE AND
MARKETS LAW.
A. 2142 11
5. FOR THE PURPOSES OF THIS TITLE, PSILOCYBIN SHALL NOT BE DEEMED TO
BE A "DRUG" FOR PURPOSES OF ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE
EDUCATION LAW AND IS NOT INTENDED TO BE DISTRIBUTED THROUGH ANY PHARMA-
CY.
6. TO USE, MANUFACTURE, DELIVER, SELL, OR DISTRIBUTE PSILOCYBIN WITH-
OUT AUTHORIZATION BY PSILOCYBIN PERMIT OR CULTIVATOR LICENSE SHALL NOT
EXCEED A FINDING OF A VIOLATION PURSUANT TO SECTION 55.10 OF THE PENAL
LAW, EXCEPT WHERE THERE ARE SALES OR GIFTS OF PSILOCYBIN TO MINORS AND
IN SUCH CASE THERE MAY BE A FINDING OF A CRIMINAL MISDEMEANOR.
7. ANY INDIVIDUAL WHO IS A CITIZEN OF THE STATE OF NEW YORK MAY FILE A
MOTION TO SEAL CONVICTION RECORDS FOR AN OFFENSE FOR ACTIVITIES THAT
WERE UNLAWFUL INVOLVING PSILOCYBIN UPON ENACTMENT OF THIS TITLE. NO FEES
OR COSTS SHALL BE CHARGED IN CONNECTION WITH ANY SUCH MOTION. PROCESSING
FEES MAY BE ASSESSED, HOWEVER NOT TO ANY LOW-INCOME INDIVIDUAL.
8. WHERE A PROVISION OF THIS TITLE CONFLICTS WITH ANOTHER PROVISION OF
THIS CHAPTER, THIS TITLE SHALL APPLY.
§ 3369-GG. PROTECTIONS. 1. PSILOCYBIN PERMIT HOLDERS, LICENSED CULTI-
VATORS, AND CERTIFIED SUPPORT SERVICES PROVIDERS SHALL NOT BE SUBJECT TO
ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO SUSPENSION OR REVOCATION OF
PROBATION PROCEEDINGS, CIVIL PENALTY OR DISCIPLINARY ACTION BY A BUSI-
NESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU, SOLELY
FOR THE ADULT USE OF PSILOCYBIN OR FOR ANY OTHER ACTION OR CONDUCT IN
ACCORDANCE WITH THIS TITLE.
2. AN APPLICANT OR HOLDER OF A PROFESSIONAL OR OCCUPATIONAL LICENSE,
CERTIFICATION, OR REGISTRATION UNDER STATE LAW AND THROUGH A STATE
DEPARTMENT SHALL NOT BE SUBJECT TO DISQUALIFICATION, DENIAL, SUSPENSION,
REVOCATION, PROFESSIONAL DISCIPLINE, OR LOSS OF A PROFESSIONAL LICENSE
OR CERTIFICATION FOR ANY ACTIVITIES AUTHORIZED UNDER THIS TITLE.
3. NO PERSON SHALL BE DISQUALIFIED FROM ANY AUTHORIZED RIGHTS,
PROGRAMS, OR PROVISION OF THIS TITLE DUE TO A VIOLATION OF ANY FEDERAL
OR STATE LAWS RELATING TO CONTROLLED SUBSTANCES.
4. A PROFESSIONAL OR OCCUPATIONAL LICENSEE OR ANY PERSON WITH LICEN-
SURE, CERTIFICATION, OR REGISTRATION UNDER STATE LAW OR THROUGH A STATE
DEPARTMENT SHALL HAVE THE RIGHT TO PROVIDE SERVICES WITHIN THE SCOPE OF
SUCH LICENSE OR CERTIFICATION TO SUPPORT CLIENTS OR PATIENTS WHO ARE
SEEKING TO BECOME OR ARE PSILOCYBIN PERMIT HOLDERS IN CONNECTION WITH
CONDUCT AUTHORIZED UNDER THIS TITLE, INCLUDING BUT NOT LIMITED TO
DISCUSSIONS WITH SUCH LICENSEE'S PATIENTS ABOUT THE POTENTIAL BENEFITS
AND RISKS OF ADULT USE OF PSILOCYBIN.
5. THIS SUBDIVISION SHALL NOT BAR THE ENFORCEMENT OF A POLICY PROHIB-
ITING AN EMPLOYEE FROM PERFORMING SUCH EMPLOYEE'S EMPLOYMENT DUTIES
WHILE IMPAIRED BY A CONTROLLED SUBSTANCE. THIS SUBDIVISION SHALL NOT
REQUIRE ANY PERSON OR BUSINESS ENTERPRISE TO ENGAGE IN ANY ACT THAT
WOULD PUT THE PERSON OR BUSINESS ENTERPRISE IN DIRECT VIOLATION OF
FEDERAL LAW OR CAUSE IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
6. AN OTHERWISE ENFORCEABLE CONTRACT RELATED TO PROGRAMS OR ACTIVITIES
AUTHORIZED UNDER THIS TITLE SHALL NOT BE UNENFORCEABLE ON THE BASIS OF
STATE OR FEDERAL CONTROLLED SUBSTANCES LAWS.
7. USE OF PSILOCYBIN BY INGESTION MAY ONLY BE CONSIDERED TO CAUSE AN
INTOXICATED STATE WHEN SUBSTANTIALLY IMPAIRED, AND ANY RELATED CONDUCT,
INCLUDING DRIVING, SHALL BE REGULATED CONSISTENT WITH APPLICABLE STATE
LAWS INCLUDING LAWS RESTRICTING DRIVING UNDER THE INFLUENCE. A DRUG
SCREENING THAT CONTAINS POSITIVE RESULTS OF THE USE OF PSILOCYBIN IS NOT
SUFFICIENT EVIDENCE TO DEMONSTRATE INTOXICATION WITHOUT OTHER CONDUCT
THAT INDICATES IMPAIRMENT.
A. 2142 12
8. (A) THE FACT THAT A PERSON IS A PSILOCYBIN PERMIT HOLDER, A SUPPORT
SERVICES PROVIDER, A LICENSED CULTIVATOR AND/OR ACTING IN ACCORDANCE
WITH THIS TITLE SHALL NOT BE A CONSIDERATION IN A PROCEEDING PURSUANT TO
APPLICABLE SECTIONS OF THE DOMESTIC RELATIONS LAW, THE FAMILY COURT ACT,
OR THE SOCIAL SERVICES LAW.
(B) CONDUCT PERMITTED BY THIS TITLE SHALL NOT, BY ITSELF:
(I) CONSTITUTE CHILD ABUSE OR NEGLECT WITHOUT A FINDING OF ACTUAL
THREAT TO THE HEALTH OR WELFARE OF A CHILD BASED ON ALL RELEVANT
FACTORS;
(II) BE THE BASIS TO RESTRICT PARENTING TIME WITH A CHILD WITHOUT
FINDING THAT THE PARENTING TIME WOULD ENDANGER SUCH CHILD'S EMOTIONAL
DEVELOPMENT; OR
(III) BE THE BASIS TO DENY ELIGIBILITY FOR ANY PUBLIC ASSISTANCE
PROGRAM, UNLESS REQUIRED BY FEDERAL LAW.
9. (A) INFORMATION CONTAINED IN ANY DATABASE CREATED AS PART OF THIS
TITLE SHALL BE DEEMED EXEMPT FROM PUBLIC DISCLOSURE UNDER SECTIONS
EIGHTY-SEVEN AND EIGHTY-NINE OF THE PUBLIC OFFICERS LAW.
(B) THE NAME, CONTACT INFORMATION, AND OTHER INFORMATION RELATING TO
SUPPORT SERVICES PROVIDERS REGISTERED WITH THE DEPARTMENT UNDER THIS
TITLE SHALL BE PUBLIC INFORMATION AND SHALL BE MAINTAINED ON THE DEPART-
MENT'S WEBSITE AND ACCESSIBLE TO THE PUBLIC IN SEARCHABLE FORM. HOWEV-
ER, IF A SUPPORT SERVICES PROVIDER NOTIFIES THE DEPARTMENT IN WRITING
THAT SUCH SUPPORT SERVICES PROVIDER DOES NOT WANT SUCH PROVIDER'S NAME
AND OTHER INFORMATION DISCLOSED, SUCH SUPPORT SERVICES PROVIDER'S NAME
AND OTHER INFORMATION SHALL THEREAFTER NOT BE PUBLIC INFORMATION OR
MAINTAINED ON THE DEPARTMENT OF EDUCATION'S WEBSITE, UNLESS THE SUPPORT
SERVICES PROVIDER CANCELS THE REQUEST.
(C) THE ATTORNEY GENERAL AND THE COMMISSIONER SHALL DECLINE TO SUBMIT
ANY DATA IN CONNECTION WITH THE PROGRAMS ESTABLISHED PURSUANT TO THIS
TITLE IN RESPONSE TO ANY FEDERAL SUBPOENA.
§ 3369-HH. REGULATED PSILOCYBIN ADVISORY BOARD. 1. THE REGULATED
PSILOCYBIN ADVISORY BOARD OR "ADVISORY BOARD" IS ESTABLISHED WITHIN THE
DEPARTMENT TO ADVISE AND ISSUE RECOMMENDATIONS ON THE ADULT USE OF
PSILOCYBIN AND ALL PROGRAMS UNDER THIS TITLE IN THE STATE OF NEW YORK.
2. THE ADVISORY BOARD SHALL CONSIST OF THIRTEEN VOTING APPOINTED
MEMBERS, ALONG WITH THE FOLLOWING MEMBERS SERVING AS NON-VOTING EX-OFFI-
CIO MEMBERS: (A) THE COMMISSIONER, OR THEIR DESIGNEE; AND (B) A REPRE-
SENTATIVE FROM THE DEPARTMENT WHO IS FAMILIAR WITH PUBLIC HEALTH
PROGRAMS AND PUBLIC HEALTH ACTIVITIES IN THE STATE.
3. THE GOVERNOR SHALL HAVE SEVEN APPOINTMENTS, AT LEAST ONE OF WHICH
SHALL BE A MEMBER OF AN UNRECOGNIZED OR FEDERAL OR STATE RECOGNIZED
NATIVE AMERICAN TRIBE, THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY SHALL EACH HAVE THREE APPOINTMENTS TO THE BOARD.
ADVISORY BOARD MEMBERS SHALL HAVE STATEWIDE GEOGRAPHIC REPRESENTATION
THAT IS BALANCED AND DIVERSE IN ITS COMPOSITION. APPOINTED MEMBERS SHALL
HAVE AN EXPERTISE IN AGRICULTURE AND MYCOLOGY, PUBLIC AND BEHAVIORAL
HEALTH, PSILOCYBIN-ASSISTED THERAPY RESEARCH, MENTAL HEALTH (INCLUDING
PTSD, DEPRESSION AND ANXIETY), SUBSTANCE USE DISORDERS, PAIN MANAGEMENT,
ACCESS TO CARE IN UNDERSERVED COMMUNITIES, VETERAN HEALTH CARE, POLICY
OR LEGAL EXPERTISE RELATED TO PSILOCYBIN, PHARMACOLOGY, HARM REDUCTION,
RISK REDUCTION TRAINING AND TRADITIONAL AND INDIGENOUS PRACTICES WITH
NATURAL MEDICINES LIKE PSILOCYBIN.
4. THE MEMBERS SHALL BE APPOINTED TO THE ADVISORY BOARD TO EACH SERVE
FOUR-YEAR TERMS AND IN THE EVENT OF A VACANCY, THE VACANCY SHALL BE
FILLED IN THE MANNER OF THE ORIGINAL APPOINTMENT FOR THE REMAINDER OF
THE TERM. THE APPOINTED MEMBERS AND REPRESENTATIVES SHALL RECEIVE NO
A. 2142 13
COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS BOARD
MEMBERS.
5. THE CHAIRPERSON OF THE ADVISORY BOARD AND THE VICE CHAIRPERSON
SHALL BE ELECTED FROM AMONG THE MEMBERS OF THE ADVISORY BOARD BY THE
MEMBERS OF SUCH ADVISORY BOARD. THE VICE CHAIRPERSON SHALL REPRESENT THE
ADVISORY BOARD IN THE ABSENCE OF THE CHAIRPERSON AT ALL OFFICIAL ADVI-
SORY BOARD FUNCTIONS.
6. THE ADVISORY BOARD SHALL ENACT, AND FROM TIME TO TIME MAY AMEND,
BYLAWS OR RULES IN RELATION TO ITS MEETINGS AND THE TRANSACTION OF ITS
BUSINESS. THE BOARD MAY ALSO ESTABLISH COMMITTEES AND SUBCOMMITTEES
NECESSARY FOR THE OPERATION OF THE BOARD. THE ADVISORY BOARD SHALL WORK
WITH ESTABLISHED RELIGIOUS, CULTURAL AND COMMUNITY-BASED PSILOCYBIN
GROUPS AND CULTIVATORS ON RECOMMENDATIONS TO THE DEPARTMENT REGARDING
GUIDELINES FOR SAFE AND EFFECTIVE SERVICES, SAFETY STANDARDS, INDUSTRY
BEST PRACTICES, CODE OF PROFESSIONAL CONDUCT, EDUCATION, TRAINING, AND
EXAMINATION FOR SUPPORT SERVICES PROVIDERS, PRODUCTION, AND LONG-TERM
STRATEGIC PLANS FOR SERVICE. A MAJORITY OF THE TOTAL NUMBER OF VOTING
MEMBERS WHICH THE BOARD WOULD HAVE WERE THERE NO VACANCIES, SHALL
CONSTITUTE A QUORUM AND SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSI-
NESS. ALL MEETINGS OF THE ADVISORY BOARD SHALL BE CONDUCTED IN ACCORD-
ANCE WITH THE PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
(A) WITHIN THE FIRST TWO YEARS OF THE ESTABLISHMENT OF THE ADVISORY
BOARD, THE BOARD SHALL MEET AT LEAST ONCE EVERY CALENDAR MONTH AT A TIME
AND PLACE DETERMINED BY THE CHAIRPERSON OR A MAJORITY OF THE VOTING
MEMBERS OF THE BOARD. AFTER THE FIRST TWO YEARS, THE ADVISORY BOARD
SHALL MEET AT LEAST ONCE EVERY CALENDAR QUARTER AT A TIME AND PLACE
DETERMINED BY THE CHAIRPERSON OR A MAJORITY OF THE VOTING MEMBERS OF THE
BOARD. THE ADVISORY BOARD MAY ALSO MEET AT OTHER TIMES AND PLACES SPECI-
FIED BY THE CALL OF THE CHAIRPERSON OR OF A MAJORITY OF THE VOTING
MEMBERS OF THE BOARD.
(B) AFTER THE FIRST YEAR OF THE IMPLEMENTATION OF THE PROGRAMS, THERE
SHALL BE: (I) A PROGRAM AUDIT INCORPORATING PERMIT HOLDER OPTIONAL FEED-
BACK THROUGH THE REPORTING PROGRAM; AND (II) A STATE AND INDEPENDENT
REVIEW OF EFFICACY, EFFICIENCY, COST, AND EQUITY. THE AUDIT WILL INCLUDE
CONSIDERATION OF WHETHER AND HOW TO EXPAND PSILOCYBIN ACCESS, INCLUDING
ADDITIONAL CERTIFICATIONS AND LICENSES RELATING TO USE OF PSILOCYBIN IN
CONNECTION WITH QUALIFYING HEALTH CONDITIONS AND PSILOCYBIN ASSISTED
THERAPY.
7. THE ADVISORY BOARD SHALL HAVE THE FOLLOWING DUTIES:
(A) PROVIDE ADVICE TO THE DEPARTMENT REGARDING THE PROVISIONS OF THIS
TITLE AND MAKE RECOMMENDATIONS ON AVAILABLE MEDICAL, PSYCHOLOGICAL,
SCIENTIFIC STUDIES, RESEARCH AND OTHER INFORMATION RELATING TO THE SAFE-
TY OF USE OF PSILOCYBIN.
(B) DETERMINE EXCLUSION CRITERIA TO PRECLUDE ISSUANCE OF PSILOCYBIN
PERMITS.
(C) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON THE REQUIREMENTS, SPEC-
IFICATIONS, AND GUIDELINES FOR PROVIDING SUPPORT SERVICES TO A PERMIT
HOLDER, INCLUDING DEVELOPMENT OF THE INFORMED CONSENT FORM.
(D) ADVISE ON THE DEVELOPMENT OF THE CURRICULUM AND TEST THAT ARE
REQUIRED FOR A PSILOCYBIN REGULATION EDUCATIONAL PERMIT COURSE.
(E) DEVELOP EDUCATIONAL MATERIALS TO BE SHARED WITH PERMIT HOLDERS.
(F) DEVELOP EDUCATIONAL MATERIALS TO BE SHARED WITH LAW ENFORCEMENT
PERSONNEL, POLICE OFFICERS, AND OTHER EMERGENCY FIRST RESPONDERS.
(G) MAKE RECOMMENDATIONS TO THE DEPARTMENT ON PUBLIC HEALTH AND SAFETY
STANDARDS AND INDUSTRY BEST PRACTICES UNDER THIS TITLE.
A. 2142 14
(H) DEVELOP A LONG-TERM STRATEGIC PLAN FOR ENSURING THAT PSILOCYBIN
SERVICES IN THE STATE WILL BECOME AND REMAIN A SAFE, ACCESSIBLE AND
AFFORDABLE THERAPEUTIC OPTION, INCLUDING IN THERAPEUTIC AND MEDICAL
TREATMENTS, FOR ALL PERSONS EIGHTEEN YEARS OF AGE AND OLDER FOR WHOM
PSILOCYBIN SERVICES MAY BE APPROPRIATE.
(I) MONITOR AND STUDY FEDERAL LAWS, REGULATIONS AND POLICIES REGARDING
PSILOCYBIN.
(J) ADVISE ON AND HELP DEVELOP PUBLIC AWARENESS, THE PERMIT COURSE,
AND EDUCATION CAMPAIGNS.
§ 3369-II. TAXATION OF PSILOCYBIN REGULATED ACTIVITIES. 1. NOTWITH-
STANDING ANY LAWS TO THE CONTRARY, PERSONS OR BUSINESS ENTERPRISES WHO
COLLECT ANY AMOUNTS OF MONIES UNDER THIS TITLE, INCLUDING BUT NOT LIMIT-
ED TO FOR SUPPORT SERVICES, REMUNERATION FOR PSILOCYBIN PROPERLY
DISTRIBUTED BY A LICENSED CULTIVATOR, AND FEES FOR COURSES, SHALL BE
TAXED AS INCOME UNDER STATE LAW.
2. ANY EXPENSES INCURRED IN ANY BUSINESS OPERATED IN ACCORDANCE WITH
THIS TITLE SHALL BE TREATED AS TAX-DEDUCTIBLE UNDER STATE LAW.
3. PROCEEDS AND FEES UNDER THIS TITLE SHALL BE USED TO SUPPORT THE
COSTS OF THE DEPARTMENT TOWARDS ADMINISTRATION AND OTHER COSTS RELATING
TO PROGRAMS PURSUANT TO THIS TITLE, INCLUDING BUT NOT LIMITED TO PUBLIC
EDUCATION AND RISKS OF USING PSILOCYBIN.
4. THE DEPARTMENT SHALL ESTABLISH TAX-CREDITS IN CONNECTION WITH A
CULTIVATOR LICENSE FOR INDIVIDUALS AND SMALL BUSINESS ENTERPRISES THAT
ARE ENGAGED IN EXISTING AGRICULTURAL ACTIVITIES, SUCH AS FUNGI CULTI-
VATION AS FOOD OR FOOD PRODUCTS, OR INDIVIDUALS WITH A CRIMINAL RECORD
FOR POSSESSION OR CULTIVATION OF PSILOCYBIN. FOR THE PURPOSES OF THIS
PROVISION, A "SMALL BUSINESS ENTERPRISE" MEANS A SMALL BUSINESS AS
DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT
LAW, AND SHALL APPLY FOR PURPOSES OF THIS TITLE WHERE ANY INCONSISTEN-
CIES EXIST.
5. THE DEPARTMENT SHALL ISSUE REGULATIONS TO IMPLEMENT AND IMPOSE THE
TAX.
§ 2. This act shall take effect immediately.