Senate Bill S5303A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5303
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2025
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  promoting  the
   health  and  well-being  of  the  citizens of the state of New York by
   establishing a comprehensive framework supporting  public  health  and
   safety  through regulated adult use, support services, and cultivation
   of psilocybin-containing fungi, and  providing  for  the  taxation  of
   psilocybin regulated activities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 33 of the public health law is amended by adding  a
 new title 5-B to read as follows:
                                  TITLE V-B
      REGULATED HEALTH ACCESS AND SUPPORT SERVICES FOR PSILOCYBIN ACT
 SECTION 3369-AA. DEFINITIONS.
         3369-BB. REGULATION OF PSILOCYBIN PROGRAMS.
         3369-CC. REGULATED  ADULT  USE  OF PSILOCYBIN IN CONNECTION WITH
         PUBLIC HEALTH FRAMEWORK AND HEALTH CONDITIONS.
         3369-DD. CERTIFICATION  AND  AUTHORIZED  SERVICES   OF   SUPPORT
         SERVICES PROVIDER.
         3369-EE. CULTIVATOR LICENSE AND REQUIREMENTS.
         3369-FF. RELATION TO OTHER LAWS.
         3369-GG. PROTECTIONS.
         3369-HH. REGULATED PSILOCYBIN ADVISORY BOARD.
         3369-II. TAXATION OF PSILOCYBIN REGULATED ACTIVITIES.
   §  3369-AA. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "BUSINESS ENTERPRISE" MEANS ANY ENTITY, INCLUDING A  SOLE  PROPRIE-
 TORSHIP,  PARTNERSHIP,  LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY
 COMPANY OR CORPORATION, INCLUDING NOT-FOR-PROFIT CORPORATIONS, WHICH  IS

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03342-01-5
 S. 5303                             2
              

 
 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;
 S. 5303                             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.
 S. 5303                             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
 S. 5303                             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.
 S. 5303                             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.
 S. 5303                             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
 S. 5303                             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
 S. 5303                             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.
 S. 5303                            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.
 S. 5303                            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.
 S. 5303                            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
 S. 5303                            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.
 S. 5303                            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.