Colorado Governor Signs Psychedelics Act

Colorado Gov. Jared Polis signed a bill into law on May 23 establishing a regulatory framework for psychedelic substances.

SB23-290, also called the Natural Medicine Regulation and Legalization, was signed into law with House amendments just weeks after it was approved by the Senate. The bill was supported by Sen. Steven Fenberg and Rep. Judy Amabile and is scheduled to go into effect on July 1.

The Colorado Times Recorder spoke to Tasia Poinsatte, director of the Healing Advocacy Fund of Colorado, about the potential of the bill last month. “Our state faces a mental health crisis, and our current system is unable to meet the needs of those who are struggling, including the many veterans in our state who are at high risk of suicide,” Poinsatte said. “Colorado voters approved the passage of Prop. 122 that we must create new, innovative avenues of healing for those struggling with mental illness.”

The law places no restrictions on personal possession of psychedelic substances such as dimethyltryptamine (DMT), mescaline, ibogaine, psilocybin, or psilocin. Psilocybin and psilocin are administered in “healing centers” but also allow other substances to be added later.

The bill also states that anyone under the age of 21 who possesses or uses a natural drug would only be fined $100 or less and a maximum of four hours of “substance use education or counseling.” More than one offense carries the same fine and compulsory education, with an additional 24 hours of “useful public service” imposed.

The cultivation of natural remedies is permitted if it is done on a person’s private property within a 12 x 12 foot area. However, anyone who is not licensed and “knowingly manufactures” can. [a] “A natural remedy using an inherently hazardous substance” commits a Level 2 drug offense. “Inherently hazardous substance” includes solvents such as butane, propane, and diethyl ether.

The bill also includes consumer protections, stating that the use of a natural remedy not only constitutes child abuse or neglect, is not a ground for denial of health insurance, and does not disqualify a person if they are discriminated against for being an organ donor candidate and “may be used for eligibility for social assistance benefits should not be considered”.

A person with a naturopathic conviction is also entitled to have the conviction record sealed “immediately after the later date of final decision or release from oversight.”

The bill provides for the establishment of a Naturopathic Advisory Board to “review issues related to naturopathy and naturopathic products and make recommendations to the director of the professional division and the executive director of the state licensing board.” Also, a Natural Medicines Division must be established within the Treasury Department to regulate licensing for “the cultivation, manufacture, testing, storage, distribution, transportation, transfer and dispensing of natural medicines or natural healing products between natural medicine licensees.”

Colorado voters last November passed Proposition 122, also known as the Natural Medicine Health Act, with 52.64% to decriminalize psychedelics. “This is a historic moment for both the people of Colorado and our country,” said Kevin Matthews, director of the Natural Medicine Colorado Coalition. “I think that shows that voters here in Colorado are ready for new options and a different avenue for healing, especially when it comes to their mental and behavioral health.”

The initiative came into force in December 2022. “Coloradons voted last November and participated in our democracy,” Polis said. “Official validation of the citizen action results and proposed initiatives is the next formal step in our work to follow the will of voters and implement these voter-approved actions.”

Westword’s coverage shows supporters are unhappy with the law, saying it is too restrictive. According to sponsor Amabile, the bill is solid but won’t make everyone happy. “My conclusion from the statement is that electoral measure 122 is controversial,” Amabile said at a meeting in late April. “It has many aspects that some people like. It has aspects that people who like some parts of it don’t like. There are parts nobody likes.”