SB2772 104TH GENERAL ASSEMBLY

LRB104 16758 AAS 30166 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2772

Introduced 1/13/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Psilocybin Advisory Board Act. Sets forth findings and defines terms. Establishes the Illinois Psilocybin Advisory Board within the Department of Financial and Professional Regulation for the purpose of advising and making recommendations to the Department regarding the provision of psilocybin and psilocybin services. Sets forth requirements for members of the Board. Provides that, within 3 months after the effective date of the Act, the Governor, the Senate President, the Speaker of the House, the Minority Leader of the House, and the Minority Leader of the Senate shall appoint certain individuals to the Board. Provides that, between January 1, 2027 and January 1, 2029, the Board shall meet at least once every 2 calendar months at a time and place determined by the chairperson or a majority of the voting members of the Board and that, after January 1, 2029, the Board shall meet at least once every calendar quarter. Provides that the Board shall perform certain duties, including publishing an annual report describing the Board's activities and making recommendations concerning (i) the safety and efficacy of psilocybin and other substances, (ii) potential requirements for providing psilocybin services to clients, (iii) a potential code of ethics and possible training requirements for facilitators, and (iv) public health considerations. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Psilocybin Advisory Board Act.

Section 5. Findings. The General Assembly finds that:

(1) Providing access to mental health services for veterans is vital.

(2) Emerging research supports the use of psychedelics, such as psilocybin, combined with psychotherapy to treat mental health conditions, including treatment-resistant depression, anxiety, post-traumatic stress disorder (PTSD), substance use disorder, and end-of-life psychological distress.

(3) The United States Food and Drug Administration has:

(A) determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression; and

(B) granted a "Breakthrough Therapy" designation for a treatment that uses psilocybin as a therapy for treatment-resistant depression.

(4) Through the Illinois Breakthrough Therapies for Veteran Suicide Prevention Program, Illinois has become a leader in providing access to breakthrough treatments for veterans, including psilocybin and MDMA-assisted therapy.

(5) Research conducted by domestic and international medical institutions indicates that psilocybin is efficacious and safe for the treatment of a variety of mental health conditions, including, but not limited to, addiction, depression, anxiety disorders, headache disorders, and end-of-life psychological distress.

(6) In order to transition away from criminalization models while protecting people who use or may use drugs and reducing any negative environmental or cultural impacts, it is necessary to review the full legal context in which relevant changes to the law are made. It is also necessary to incorporate evidence-based policy, consult with experts, and maintain open discourse based in harm reduction, reciprocity, and human rights during the process of developing alternative regulatory systems.

Section 10. Definitions. In this Act:

"Administration session" means a structured session held under the direct supervision of a licensed facilitator where a client consumes and experiences the effects of a psilocybin product.

"Board" means the Illinois Psilocybin Advisory Board established under this Act.

"Client" means an individual who has received a referral for psilocybin service and who consumes a psilocybin product in an administration session in this State.

"Entheogen" or "entheogenic substance" means the following substances in any form, regardless of whether the substance is regulated under the federal Controlled Substances Act or the Illinois Controlled Substances Act:

(1) psilocybin;

(2) psilocin;

(3) dimethyltryptamine;

(4) ibogaine, except ibogaine from iboga;

(5) mescaline, except mescaline from peyote;

(6) methylenedioxymethamphetamine (MDMA); and

(7) lysergic acid diethylamide (LSD).

"Facilitator" means an individual who facilitates the provision of a psilocybin service in this State.

"Integration session" means a meeting between a client and a facilitator that occurs after the client completes an administration session.

"Post-administration evaluation session" means a meeting between a client and a facilitator that occurs immediately following the conclusion of an administration session and prior to the client's release from the service center.

"Preparation session" means a meeting between a client and a facilitator that occurs before the client participates in an administration session.

"Psilocybin" means psilocybin or psilocin.

"Psilocybin product" means:

(1) psilocybin-producing fungi; or

(2) mixtures or substances containing a detectable amount of psilocybin naturally produced from psilocybin-producing fungi.

"Psilocybin service" means a service provided to a client before, during, or after the client's consumption of a psilocybin product, including any of the following:

(1) a preparation session;

(2) an administration session;

(3) an integration session; or

(4) a post-administration evaluation session.

Section 15. Illinois Psilocybin Advisory Board.

(a) The Illinois Psilocybin Advisory Board is established within the Department of Financial and Professional Regulation for the purpose of fulfilling the duties listed in Section 20 of this Act. The Board shall consist of the following members:

(1) the Secretary of Financial and Professional Regulation or the Secretary's designee;

(2) the Director of Agriculture or the Director's designee;

(3) the Director of the Illinois State Police or the Director's designee;

(4) the Director of Revenue or the Director's designee;

(5) the Secretary of Human Services or the Secretary's designee;

(6) the Secretary of Veterans Affairs or the Secretary's designee;

(7) the Illinois Chief Behavioral Health Officer;

(8) an expert in the field of public health, community sciences, or a related health field or an individual who is a member of or represents a group that provides public health services directly to members of the public, appointed by the Governor with the advice and consent of the Senate;

(9) a local health official, appointed by the Governor with the advice and consent of the Senate;

(10) a psychologist who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(11) a psychiatrist licensed to practice in this State who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(12) a professional counselor or a clinical professional counselor licensed to practice in this State who has experience engaging in the diagnosis or treatment of mental, emotional, and behavioral conditions, appointed by the Governor with the advice and consent of the Senate;

(13) a physician licensed to practice medicine in all its branches, appointed by the Governor with the advice and consent of the Senate;

(14) a doctor of osteopathic medicine licensed to practice in this State, appointed by the Governor with the advice and consent of the Senate;

(15) a physician representing an organization in this State that is engaged in naturopathy, as defined by the American Association of Naturopathic Physicians, appointed by the Governor with the advice and consent of the Senate;

(16) a licensed social worker or a licensed clinical social worker, appointed by the Governor with the advice and consent of the Senate;

(17) a representative of the Behavioral Health Workforce Education Center of Illinois, appointed by the Governor with the advice and consent of the Senate;

(18) a representative of a local organization that advocates for the equitable implementation of psychedelic policies, appointed by the Governor with the advice and consent of the Senate;

(19) at least 3 individuals who meet at least one of the following qualifications, appointed by the Governor with the advice and consent of the Senate:

(A) professional experience conducting scientific research regarding the use of psychedelic compounds in clinical therapy;

(B) experience in the field of mycology;

(C) experience in the field of ethnobotany;

(D) experience in the field of psychopharmacology; or

(E) experience in the field of psilocybin harm reduction;

(20) a current member of the Senate, appointed by the President of the Senate;

(21) a current member of the Senate, appointed by the Minority Leader of the Senate;

(22) a current member of the House, appointed by the Speaker of the House; and

(23) a current member of the House, appointed by the Minority Leader of the House.

(c) Within 3 months after the effective date of this Act, the applicable appointing authority shall appoint the individuals specified in subsection (b) to the Board.

(d) Board members shall serve for a term of 4 years, but a member serves at the pleasure of the applicable appointing authority. Before the expiration of the term of a member, the applicable appointing authority shall appoint a successor whose term shall begin on January 1 of the following calendar year. Members may be eligible for reappointment. If there is a vacancy for any reason, the applicable appointing authority shall appoint an individual to serve as a member in an acting capacity until the individual is approved as a member of the Board by the Senate for the remainder of the unexpired term.

(e) A majority of the voting members of the Board constitutes a quorum for the transaction of business.

(f) Official action by the Board requires the approval of a majority of the voting members of the Board.

(g) The Board shall elect one of its voting members to serve as chairperson.

(h) Between January 1, 2027 and January 1, 2029, the Board shall meet at least once every 2 calendar months at a time and place determined by the chairperson or a majority of the voting members of the Board. After January 1, 2029, the 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 Board may also meet at other times and places specified by the call of the chairperson or a majority of the voting members of the Board.

(i) The Board may adopt policies and procedures necessary for the operation of the Board.

(j) The Board may establish committees or subcommittees necessary for the operation of the Board.

(k) Members of the Board shall not be paid a salary but shall be reimbursed for travel and other reasonable expenses incurred while fulfilling the responsibilities of the Board.

Section 20. Duties of the Board.

(a) The Board shall perform the following duties:

(1) provide advice to the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, and the Department of Revenue with respect to accurate public health approaches regarding the use, effect, and risk reduction of entheogens and the content and scope of educational campaigns related to the legalization of entheogens for use in medical and psychological treatment;

(2) make summary reports or recommendations on available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating various health conditions, including, but not limited to, addiction, depression, anxiety and trauma disorders, headache disorders, and end-of-life psychological distress;

(3) study and review the Oregon Psilocybin Services Act (Measure 109) and any related administrative rules and regulations, the Colorado Natural Medicine Health Act of 2022 (Proposition 122) and any related administrative rules and regulations, and other relevant initiatives to legalize or decriminalize entheogen use in other states or units of local government in an effort to determine any successes or failures that may be applied to the rulemaking process in this State;

(4) make summary reports or recommendations on the medical efficacy of ibogaine (except ibogaine from iboga), mescaline (except mescaline from peyote), botanical forms of dimethlyltryptamine, methylenedioxymethamphetamine (MDMA), and lysergic acid diethylamide (LSD) based on medical, psychological, and scientific studies, research, and other information related to the safety and efficacy of each compound, and make recommendations concerning whether these substances may be included in an appropriate statutory or regulatory framework to avoid an unregulated de facto market for entheogenic substances other than psilocybin;

(5) make summary reports or recommendations concerning naturally occurring psilocybin and synthetic psilocybin and the safety and efficacy of these substances;

(6) make recommendations on the requirements, specifications, and guidelines for providing psilocybin services to a client, including the following:

(A) the requirements, specifications, and guidelines for holding and verifying the completion of a preparation session, an administration session, and an integration session;

(B) the contents of the client information and consent forms that a client must complete and sign before the client participates in an administration session, giving particular consideration to the following:

(i) the information that should be solicited from the client to determine whether the client should participate in the administration session, including information that may identify risk factors and contraindications;

(ii) the information that should be solicited from the client to assist the service center operator and the facilitator in meeting any public health and safety standards and industry best practices during the administration session; and

(iii) the health and safety warnings and other disclosures that should be made to the client before the client participates in the administration session; and

(C) whether this State should legalize psilocybin for use in administration sessions;

(7) make recommendations on public health and safety standards and industry best practices for psilocybin product manufacturers, service center operators, facilitators, and laboratories that conduct testing of psilocybin products;

(8) make recommendations on the formulation of a code of professional conduct for facilitators, giving particular consideration to a code of ethics and cultural responsibility and outlining a clear process for reporting complaints of unethical conduct by facilitators or service center employees;

(9) make recommendations on the education, experience, and training that facilitators must achieve, including whether such education, experience, and training should be available through online resources, giving particular consideration to the following:

(A) facilitation skills that are affirming, nonjudgmental, nondirective, trauma-informed, and rooted in informed consent;

(B) support skills for clients during an administration session, including specialized skills for the following:

(i) client safety;

(ii) clients who may have a mental health condition;

(iii) appropriate boundaries, heightened transference in expanded states of consciousness, and special precautions related to the use of touch in psilocybin sessions; and

(iv) crisis assessment and appropriate referral for those who need ongoing support if challenging mental health issues emerge in psilocybin sessions;

(C) the environment in which psilocybin services should occur;

(D) social and cultural considerations; and

(E) affordable, equitable, ethical, and culturally responsible access to entheogens and requirements to ensure that the regulated entheogen access program is equitable and inclusive;

(10) make recommendations on the examinations that facilitators must pass;

(11) make recommendations on public health and safety standards and industry best practices for holding and completing an administration session, including the following:

(A) best practices surrounding group administration;

(B) how clients can safely access common or outside areas on the premises at which the administration session is held;

(C) the circumstances under which an administration session is considered complete; and

(D) the transportation needs of the client after the completion of the administration session;

(12) develop a long-term strategic plan for ensuring that psilocybin services become and remain a safe, accessible, and affordable therapeutic option for all persons 21 years of age and older in this State for whom psilocybin may be appropriate;

(13) on an ongoing basis, monitor and study federal laws, regulations, and policies regarding entheogens and make summary reports with actionable recommendations tailored for clinicians, public behavioral health clinics, and any other entities that may issue referrals for psilocybin services. These reports should also provide guidance on this State's role in supporting safe, equitable, and effective regulation of entheogens;

(14) on an ongoing basis, review and evaluate existing research studies and real-world data related to entheogens and make recommendations to the General Assembly and relevant State agencies as to whether entheogens and associated services should be covered under a State health insurance program or another insurance program as a cost-effective intervention for various health conditions, including, but not limited to, anxiety, substance use disorders, alcoholism, depressive disorders, neurological disorders, post-traumatic stress disorder, other painful conditions, including, but not limited to, cluster headaches, migraines, cancer, and phantom limbs, and comfort care, including palliative care, support care, and hospice care;

(15) make summary reports and recommendations on the availability of Medicaid coverage for entheogens and associated services;

(16) on an ongoing basis, review and evaluate sustainability issues related to natural entheogens and the impact of natural entheogens on indigenous cultures and document existing reciprocity efforts and continuing support measures that are needed as part of the Board's annual report under this Section; and

(17) publish an annual report describing the Board's activities, including, but not limited to, any recommendations and advice to the Department of Public Health, the Department of Agriculture, the Department of Financial and Professional Regulation, the Illinois State Police, the Department of Revenue, or the General Assembly.

(b) Within 9 months after the effective date of this Act, the Board shall hold its first meeting at a time and place specified by the Governor.

(c) Within one year after the effective date of this Act, and every year thereafter, the Board shall submit its findings and recommendations to the General Assembly.

(d) Within 18 months after the effective date of this Act, the Board shall submit its findings and recommendations concerning the following:

(1) any rules and regulations for the implementation of this Act;

(2) a long-term strategic plan for ensuring that psilocybin services become and remain a safe, accessible, and affordable therapeutic option for all persons 21 years of age and older in this State for whom psilocybin may be appropriate; and

(3) an evaluation of federal laws, regulations, and policies regarding psilocybin and other entheogens.

(e) The Department shall provide technical, logistical, and other support to the Board, as requested by the Board, to assist the Board with its duties and obligations.

Section 99. Effective date. This Act takes effect upon becoming law.