Colorado’s Senate President has filed a bill that would regulate the possession, cultivation, and use of psychedelics, for therapeutic, personal and spiritual purposes. This is a preview of what the future policy landscape may look like after the voter-approved ballot initiative for legalization in the past year.
The bill aims to establish rules for “healing centres” where adults over 21 could receive psychedelic treatments, tighten policies on cultivation, and set up licensing requirements. It also outlines state agency regulatory duties and penalties for unapproved activities.
Possession, cultivation and the sharing of certain entheogenic drugs became legal after Gov. Jared Polis, a Democrat from Colorado, signed a proclamation in late 2017 certifying the ballot measure that was approved by the voters. The initiative asked for forming an advisory board which would develop regulatory recommendations.
But while that process moves forward , Senate president Steve Fenberg filed a bill (D) on Tuesday which would establish a regulatory framework separate for psychedelics. The bill includes provisions that differ from the ballot measure, and others that certain advocates are opposed to.
Mason Marks is a professor at Florida State University College of Law and a co-founder of Project on Psychedelics Law and Regulation at the Petrie-Flom Center at Harvard Law School. Mason Marks said the legislation proposed some “sweeping” changes to the initiative passed by voters last November.
He said that “a few changes proposed represent clear improvements over the original text.” Others appear to contradict voters’ wishes, and could recriminalize some psychedelic activities. Some changes seem to be confusing and add confusion.
The Bill contains the following key elements:
The Department of Revenue’s new Division of Natural Medicine would be responsible for regulating therapeutic programs and issuing licenses to cultivators, manufacturers and testing facilities, as well as healing centers. This is a difference to the original initiative which gave the primary responsibilities of the Department of Regulatory Agencies.
People with previous convictions for psychedelic activities would be eligible for sealing their records.
If they operate outside the licensing framework, facilitators who provide psychedelic and community-based services such as healing programs, counseling or other forms of support could not be reimbursed or compensated.
A $100 fine would be imposed on anyone who is caught using psychedelics in public or underage.
Adults would only be allowed to grow natural psychedelics in a private home, within an enclosed area that was not to exceed 12 feet by 12 foot (unless the locality has changed to allow larger grows). A $1,000 fine would be imposed on anyone who cultivates more than that limit.
A DORA Indigenous Community Working Group, which was not included in the ballot initiative, would be formed to identify and address any unintended effects of the reform. This includes the commercialization of psychedelics as well as the religious or spiritual exploitation and exploitation of Native Americans.
The law clarifies that the use of synthetic psychedelics is not allowed. Possession of psychedelics containing “hazardous substances” such as solvents is a Class 2 crime.
The ballot measure differs in that regulators can authorize the use of ibogaine under supervision at healing centers anytime, instead of waiting until June 1, 2026 as it is for DMT and mescaline.
Four categories of licenses would exist: Healing centers, cultivation sites, product manufacturers, and testing facilities.
The date by which regulators must begin accepting and reviewing applications for licenses will be moved from September 30th, 2024 to December 31st, 2024.
The findings section of the bill notes that, “although natural medicine may have tremendous potential for treating mental health conditions, healing and spiritual growth, it must be balanced against the potential health and safety hazards that it might pose to consumers, as well as cultural harms that it might cause to indigenous and traditional groups that are connected to natural medicine.”
It states that “considerable harm could occur to indigenous peoples, communities, cultures and religions, if natural medicines are overly commodified and commercialized in a way that erases important cultural and religious context.”
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The Senate Finance Committee will hold a hearing on Thursday. The deadline for lawmakers to pass the bill through the legislature is in two weeks.
Early reactions to the bill have been mixed. Some supporters of the bill are tentatively in favor, while others are strongly against it because they believe that the regulations are excessive.
David Nadelson , a citizen lobbyist who works for Westword, said: “The most pressing concern is the obvious recriminalization” of traditional and common uses of natural medicines. The simple act of sharing sacred medicine ceremonially in a forest has been criminalized. Plants are not allowed to be grown outdoors, except in small enclosed spaces. Natural medicine does not allow guides and healers to be paid.
Tasia Poinsatte of the Healing Advocacy Fund of Colorado said in a Wednesday press release that the bill “is an important first step towards achieving that goal. However, more work is needed to ensure that this bill implements Prop. In a manner that reflects voters’ will, Prop. 122 should be implemented in a fair and equitable way.
We hope that this bill, by the end the legislative process will add to the solid foundation created by Proposition. 122,” Poinsatte said.
Melanie Rose Rodgers announced a day of lobbying for those interested to have their voices heard before Thursday’s hearing by the committee.
Tomorrow is Lobby Day at the Capitol… this bill still doesn’t have a # yet we’re told it will be heard in the Senate Finance Committee 4/20 mid-morning.. this doesn’t give Coloradans ample time to prep, review 87 pages of the bill draft & stakehold #copolitics #coleg #Prop122 pic.twitter.com/ORgNLtCdAM
— Melanie Rose Rodgers (@melanierose) April 18, 2023
She told Healing Maps activists “will have to defend ceremony use” and the bill as it is drafted “doesn’t seem natural” at all.
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Colorado’s top senator files psychedelics regulations bill, drawing mixed reactions first appeared on Marijuana Moment.
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