House File 620

Congress created a statute, 21 U.S.C. § 822(d), so it could register controlled substances being used outside the context of interstate marketing approval.  The federal government has issued several of these for churches, UDV, Santo Daime, and recently Church of the Eagle and Condor in Arizona.  All of these churches use ayahuasca which is a schedule I controlled substance just like psilocybin.  And just recently a federal court in Utah granted one for the religious use of psilocybin.

Folks, if churches can have exemptions for their organizations to use schedule I controlled substances, there is no way a state government is not entitled to equal or greater deference.  Please amend House Filed 620 so it protects patients instead of throwing them under a bus.

On page 5, line 21:
Sec. 4.  NEW SECTION.
124F.3  Notice to prospective and current public employees.

Prior to giving a current employee an assignment or duty that arises from or directly relates to an obligation under this chapter, or hiring a prospective employee whose assignments or duties would include an assignment or duty that arises from or directly relates to an obligation under this chapter, a state employer or a political subdivision employer shall give the employee or prospective employee a written notice that the employee’s or prospective employee’s job duties may require the employee or prospective employee to engage in conduct which is in violation of the criminal laws of the United States.

On page 13, lines 3-16:
Sec. 11.  NEW SECTION.
124F.10(2)  Psilocybin production establishment agent – registration.

None of the following individuals ... licensed under chapter 152 ... chapter 152E ... chapter 148 ... chapter 148C.

On page 19, lines 6-9:
Sec. 17.  NEW SECTION.
124F.16(4)  Psilocybin production establishment – local control.

A local government shall not do any of the following: a. Revoke from, or refuse to issue a license or permit to, a psilocybin production establishment on the sole basis that the applicant or psilocybin production establishment violates federal law regarding the legal status of psilocybin.

On page 27, lines 13-19:
Sec. 26.  NEW SECTION.
124F.25(1)  Standard of care – provider not liable – no private right of action.

A qualified medical psilocybin provider or a qualified therapy provider who recommends or administers psilocybin in compliance with this chapter shall not be subject to a civil or criminal penalty, or license discipline, solely for violating a federal law or regulation that prohibits recommending, prescribing, possessing, or dispensing psilocybin or a psilocybin product.

On page 28, lines 13-15:
Sec. 27.  NEW SECTION.
124F.26(2)(b)(1)  Nondiscrimination for medical care or government employment.

The employee’s use of psilocybin jeopardizes federal funding, ...