Should NH legalize psychedelic mushrooms?

This year, New Hampshire legislators considered a bill that would have decriminalized the possession or use of 12 grams or less or psilocybin mushrooms by a person 18 years of age or older. The bill, HB 1349, was ultimately tabled, but it could come back in future legislative sessions.  

Magic Mushrooms 

Psilocybin mushrooms, sometimes referred to as “magic mushrooms” are mushrooms that contain hallucinogens. In recent years there has been rising interest in the potential therapeutic uses of psilocybin mushrooms.  

The use of naturally occurring psychedelics dates back thousands of years and was often a key component in religious ceremonies. They also became a favorite drug of the “hippie” counterculture movement in the 1960s.  

The United States criminalized psychedelics as Schedule 1 drugs in the 1970s, which effectively ended scientific research on their use as therapeutics. However, modern research into using psilocybin to manage extreme pain, like that experienced by patients with advanced-stage cancer, has proven promising. There are also hopes that these mushrooms could be used—in carefully managed doses—for the treatment of psychiatric conditions.  

Mushrooms and the law 

Given its rating as a Schedule 1 drug, possession of psilocybin mushrooms can have serious consequences. One man who testified at the public hearing for HB 1349 reported being hit with a class B felony for possessing the mushrooms, punishable by up to seven years in prison. 

In 2020, Oregon became the first state in the nation to decriminalize magic mushrooms and fully legalize medical use. Some local governments have also made similar moves toward decriminalization. However, the legal situation is similar to that with marijuana decriminalization; states what choose to decriminalize psilocybin put themselves at odds with the federal government.   

Promising opportunities 

One of the bill’s sponsors, Tony Labranche (D-Amherst), characterized the bill this way: "Specifically, decriminalization means that we're not putting people in prison for simply possessing hallucinogenic psilocybin mushrooms. There are many reasons why this bill came to be and one of those reasons is I don't believe it is the role of government to tell people what they can and cannot do in their own homes...Hallucinogenic psilocybin mushrooms have been found to be some of the safest recreational drugs, even compared to alcohol and cannabis." 

A slippery slope 

Opponents of the bill at the bill hearing included Lt. Bill Bright who oversees the narcotics unit. He said "In general, decriminalization of a drug will lead to greater use, some experimentation ... and more impairment on our roads and just general public intoxication." Others feel that this effort should take place on the federal level rather than at the state level.  

Get involved 

Want to make your voice heard? Find out who represents you and let them know your stance on this issue! Your input could impact whether or not we see similar bills in coming legislative sessions.