Division recommends ITL on HB 18-09 after fiscal and regulatory concerns

Representative Sher introduced HB 18‑09, a two‑part bill that would create an advisory council to study therapeutic uses of psilocybin and authorize a narrow pilot allowing a medical provider who cultivates their own psilocybin mushrooms to administer therapeutic doses under DHHS oversight.

Sher cited growing research and existing programs in Colorado and Oregon and described a cautious approach: an advisory council to study models and a small pilot to test a limited clinical pathway. "The fundamental difference is we can't use the medical marijuana model," Sher said while explaining cost and regulatory differences between cannabis programs and a therapeutic psilocybin program.

Committee members questioned the bill's timing and fiscal impact given recent cuts to public‑health programs and a DHHS workforce with more than 200 vacant positions. DHHS told the committee it is not positioned to implement the program without an appropriation, estimated at least two positions and $250,000 in startup funding for the department, and cautioned that clinical guidance, screening criteria, provider training and DEA scheduling create legal and implementation uncertainty.

After debate, the division voted 4–3 to recommend the bill be deemed Inexpedient to Legislate (ITL). Several members said they support careful study but that the bill as written asked DHHS to implement program elements without clear funding or statewide clinical guidance. The committee chair and members discussed options for further study or referral to Health and Human Services if the full House chooses to commit the bill.