Colorado's Rapidly-Progressing Measure For Legal Psychedelics Regulation Heads To Gov.'s Desk

Colorado lawmakers sent a bill to the governor to create a regulatory framework for legal psychedelics under a voter-approved initiative, reported Marijuana Moment.

The new proposal sets up regulations for the voter-approved Prop. 122 decriminalizing natural psychedelics and legalizing their use in licensed healing centers, running parallel to the creation of a state-level advisory board as commanded by the original ballot measure.

The bill notes that psychedelics’ potential for mental health conditions treatment, healing and spiritual growth must be “appropriately balanced” with both the potential health and safety risks to consumers and the potential cultural harms to indigenous and traditional communities connected to these natural medicines through excessive commodification, commercialization and exploitation.

Although not everyone’s on board with the measure, its sponsor Senate president Steve Fenberg (D) says he feels it ultimately strikes “the right balance” and implements “the spirit of Prop. 122.”

SB23290 states:

• No limits on adult personal possession of psilocybin, ibogaine, mescaline (not derived from peyote), DMT and psilocin, while cultivation must take below 12 by 12 ft of a private residence unless local policy allows more.

• The explicit prohibition of synthetic substances.

• Local policies cannot ban healing centers but may regulate on time, place and manner

• Legal set up of up to five psychedelics businesses rather than three

• Economic retribution for psychedelics-related harm reduction and support services. Facilitators must inform participants if they do not have a license.

• Licensed businesses will be able to partially deduct expenses from state taxes.

• Underage use and public consumption would face a $100 fine, and cases of children over 10 accused of violating psychedelic-related laws will be under the juvenile court’s jurisdiction.

• Besides psilocybin and psilocin, ibogaine could begin to be administered at healing centers whenever authorized (rather than in 2026 as the ballot measure originally mandated.)

• The possibility of record sealing for prior convictions for psychedelic-related activities that are now legal.

• Regulators are summoned to collect data on drug use trends, develop an equity plan, and define the federally recognized tribes that are mentioned in the bill.

• Giving psychedelics to a minor or growing more than the allowed amount is a crime only if done “knowingly"

• Legal activity under the bill cannot be used as probable cause in determining reasonable suspicion by the police force, applicable to offenses committed as of July 1, 2023.

The Department of Revenue (DOR,) which currently oversees marijuana regulations, would form a new Natural Medicine division to regulate the program, including granting licenses by Dec. 31, 2024. 

Meanwhile, the Dept. of Regulatory Agencies (DORA) will host American tribes and indigenous communities to follow the reform’s implementation for potential misappropriation or exploitation of native groups and “excessive commercialization” of the substances.

Photo: Benzinga edit with photo by Serrgey75, rybart and fizkes on Shutterstock.