HB 1809-FN - AS AMENDED BY THE HOUSE
26Mar2026... 1201h
2026 SESSION
26-2497
05/09
HOUSE BILL 1809-FN
SPONSORS: Rep. Scherr, Rock. 26; Rep. C. McGuire, Merr. 27; Rep. Layon, Rock. 13; Rep. Mandelbaum, Rock. 21; Rep. Sabourin dit Choiniere, Rock. 30; Sen. Fenton, Dist 10
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill establishes a medical psilocybin advisory board to assess the advantages and disadvantages of the use of psilocybin for therapeutic purposes.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2026... 1201h 26-2497
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. The medical community has always recognized that patients exist with serious conditions that are very resistant to effective treatment. Recently, research has begun to show that certain of those patients have had positive results with the closely supervised use of psilocybin for treatment. Patients with significant post-traumatic stress disorder, with treatment-resistant clinical depression, and with serious substance use disorder have been shown to benefit from the controlled, therapeutic use of psilocybin in a supervised setting. The purpose of this act is to study the feasibility of the creation of a carefully monitored and closely supervised setting in which an approved medical provider can treat a carefully chosen patient with appropriate doses of psilocybin which that same provider has produced for a medical intervention.
2 New Chapter; Medical Psilocybin Advisory Board. Amend RSA by inserting after chapter 126-Z the following new chapter:
CHAPTER 126-ZZ
Medical Psilocybin Advisory Board
126-ZZ:1 Definitions. In this chapter:
I. “Department” means the department of health and human services.
II. “Provider” means an approved medical provider licensed in New Hampshire who has been approved by the department to provide medical services to qualified patients.
III. “Producer" means a person who grows and harvests or prepares psilocybin from psilocybin-producing mushrooms, including to compound, convert, process, or manufacture psilocybin products directly or indirectly from psilocybin mushrooms and who has been approved as a provider.
IV. “Program” means the medical use of psilocybin program.
V. “Psilocybin” means the naturally occurring psychedelic compound 4-phosphoryloxy-N,N-dimethyltryptamine, also known as 4-PO-DMT, and its pharmacologically active metabolite psilocin, 4-hydroxy-N,N-dimethyltryptamine, found in certain mushrooms, but does not include synthetic or synthetic analogs of psilocybin.
VI. “Qualifying patient” means a patient whom a provider, as defined by RSA 126-ZZ:1, II, has diagnosed a medically appropriate candidate for the use of medical psilocybin based on being diagnosed with a qualifying condition.
VII. “Qualifying condition” means any of the following:
(a) Major treatment-resistant depression;
(b) Post-traumatic stress disorder;
(c) Substance use disorders; and
(d) Other conditions recommended by the advisory board to the department.
126-ZZ:2 Medical Psilocybin Advisory Board.
I. There is hereby established the medical psilocybin advisory board, which shall assess the clinical, quality, and public health related advantages and disadvantages of the use of psilocybin for therapeutic purposes under this chapter and, if appropriate, design a program for the medical use of psilocybin.
II. Notwithstanding RSA 14:49, the board shall consist of the following members:
(a) The medical director of the department of health and human services, or designee.
(b) A qualifying patient, appointed by the commissioner of the department of health and human services.
(c) A representative from the veterans’ affairs community, appointed by the commissioner of the department of health and human services.
(d) A representative from the house of representatives, appointed by the speaker of the house of representatives.
(e) A representative from the house of representatives, nominated by the minority leader of the house and appointed by the speaker of the house of representatives.
(f) Nine medical and other providers, appointed by the commissioner of the department of health and human services, representing the following fields:
(1) At least one medical psilocybin researcher.
(2) At least 2 administrative representatives from existing programs regulating the medical use of psilocybin.
(3) Addiction services.
(4) Palliative care.
(5) Veterans' affairs.
(6) Naturopathy.
(7) Registered nursing.
(8) Mental health counseling.
III. The board shall convene at least 6 times per year to assess the clinical, quality, and public health related advantages and disadvantages of the use of psilocybin for therapeutic purposes under this chapter and, if appropriate, design a program for the medical use of psilocybin by:
(a) Reviewing medical and scientific evidence pertaining to currently approved and additional qualifying conditions.
(b) Identifying clinical outcomes nationally.
(c) Reviewing potential protocols for producer/provider staff based on models from other states.
(d) Receiving updates from alternative treatment centers in other states on effectiveness of the medical use of psilocybin.
(e) Reviewing best practices for medical providers regarding provider education, certification of patients, and patient access to the program.
(f) Reviewing any other clinical, quality, and public health related matter relative to use of psilocybin.
(g) Reviewing the efficacy of the establishment of therapeutic psilocybin program in New Hampshire.
IV. The members of the board need not be residents of New Hampshire in order to encourage the greatest possible expertise in board members.
V. At its first meeting, the board shall elect by majority vote a chairperson and an alternate.
VI. The board may meet electronically to facilitate the inclusion of members who live outside the state of New Hampshire.
VII. Beginning November 1, 2028, and annually thereafter, the board shall submit a report of its activities, findings, and recommendations to the governor, speaker of the house of representatives, senate president, house clerk, senate clerk, and state library.
3 Repeal. RSA 126-ZZ, relative to the medical psilocybin advisory board, is repealed.
I. Section 3 of this act shall take effect November 1, 2030.
II. The remainder of this act shall take effect July 1, 2027.
26-2497
12/16/25
HB 1809-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill authorizes the medical use of psilocybin in the state, pending a determination by the newly-established medical psilocybin advisory board that a regulatory program is ready for implementation. If the board does not make such a determination within two years of the bill becoming law, the remainder of the bill will not take effect. Assuming the program becomes operational, the Department of Health and Human Services will be required to:
The Department would also be responsible for providing administrative support to the advisory board. Assuming the program ultimately goes into effect, the Department anticipates needing one new administrator and one new program administrator. Including equipment and other upfront expenses, the Department anticipates costs of $250,000 in the first full year of implementation, followed by $224,000 and $236,000 in the second and third years, respectively.
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Amendment |
|---|---|
| March 19, 2026 | 2026-1201h |
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2026 | House | Hearing |
| Jan. 28, 2026 | House | Exec Session |
| Jan. 28, 2026 | House | Floor Vote |
| March 17, 2026 | House | Exec Session |
| March 17, 2026 | House | Floor Vote |
| April 8, 2026 | Senate | Hearing |
April 1, 2026: Hearing: 04/08/2026, Room 100, SH, 09:45 am; SC 13
March 30, 2026: Introduced 03/26/2026 and Referred to Health and Human Services; SJ 7
March 26, 2026: Ought to Pass with Amendment 2026-1201h: MA VV 03/26/2026 HJ 9
March 26, 2026: Amendment # 2026-1201h (NT): AA DV 248-101 03/26/2026 HJ 9
March 26, 2026: Inexpedient to Legislate: MF DV 127-222 03/26/2026 HJ 9
March 19, 2026: Minority Committee Report: Ought to Pass with Amendment # 2026-1201h (NT)
March 19, 2026: Majority Committee Report: Inexpedient to Legislate 03/17/2026 (Vote 13-11; RC)
March 13, 2026: Executive Session: 03/17/2026 10:00 am GP 230
March 9, 2026: Division III Work Session: 03/13/2026 09:00 am GP 234
Feb. 12, 2026: Referred to Finance 02/12/2026 HJ 4
Feb. 12, 2026: Ought to Pass: MA VV 02/12/2026 HJ 4
Feb. 3, 2026: Committee Report: Ought to Pass 01/28/2026 (Vote 18-0; CC) HC 6 P. 7
Jan. 21, 2026: Executive Session: 01/28/2026 02:30 pm GP 158
Jan. 8, 2026: Public Hearing: 01/14/2026 03:00 pm GP 158
Dec. 18, 2025: Introduced 01/07/2026 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 37