Colorado’s lawmakers propel the state forward in a move to legal psychedelics
The Colorado Senate recently gave its nod to a groundbreaking bill, aimed at establishing a regulatory framework for legal psychedelics, following the voter-approved initiative. Spearheaded by Senate President Steve Fenberg (D), the legislation received amendments approval in a voice vote on second reading and was cleared on third reading with a 25-10 vote. The bill now progresses to the House of Representatives.
Fenberg remarked earlier this month, “This is a unique proposition that was approved by the voters. We are now in the place where we are implementing this. Whether you supported it or not, it’s on us to make sure it’s successful.”
Before hitting the floor, the Senate Finance Committee and the Appropriations Committee endorsed the measure.
The bill aims to establish regulations in line with the psychedelics legalization law passed by voters last year. The focus is on creating rules for consuming these sub-stances in licensed healing centers under the supervision of facilitators. However, the proposal has garnered a mixed response from advocates and stakeholders.
Despite the potential pushback, the ballot measure has set the stage for the creation of an advisory board, tasked with developing regulatory recommendations for more comprehensive legislation regarding access to psychedelics. As this process unfolds, the Senate president has introduced a separate bill to lay down the rules.
This innovative legislation aims to establish policies for “healing centers,” where adults aged 21 and over could undergo psychedelic treatment. It also seeks to tighten rules on cultivation and facilitators, set licensing requirements, define regulatory responsibilities for state agencies, and impose penalties for unauthorized activities.
During the recent floor session, senators endorsed three amendments proposed by the sponsor. The first amendment addresses financial interest in psychedelics businesses, payment for harm reduction or support services, and juvenile court jurisdiction in cases involving children aged 10 and above accused of violating drug laws related to psychedelics. The second adopted amendment clarifies certain aspects related to transferring psychedelics to minors, growing more than the allowed amount, and determining reasonable suspicion by police. Lastly, members approved a proposed change to grant legal protections to individuals involved in testing psychedelics.
However, the Senate rejected two amendments that would have enabled local jurisdictions to ban psychedelics businesses and personal cultivation of psychedelics.
Emphasizing the importance of getting the legislation right, Fenberg stated, “This is something that most states have not ventured to do. It’s important that we get it right.” He added that while the topic may seem light-hearted, it is indeed a serious issue. Many people have found immense value in using these medicines for mental health disorders and other issues. Fenberg expressed excitement that Colorado is at the forefront of providing a safe and responsible way for people to access these medicines in a regulated manner, and he acknowledged the value in decriminalizing these substances.
The amended bill features several key components that aim to revolutionize the psychedelic landscape:
– Adults aged 21 and older will be allowed to possess unlimited amounts of psilocybin, ibogaine, mescaline (not derived from peyote), DMT, and psilocyn, in accordance with the voter-approved ballot measure.
– Public consumption of psychedelics and underage use will incur a $100 fine.
– Adults can cultivate natural psychedelics at a private residence within a 12×12 feet enclosed space, unless the locality allows larger grows. – Cultivating beyond the prescribed limits will result in a $1,000 fine.
– The bill proposes a record sealing pathway for those with prior convictions for psychedelic-related activities that are now legal.
– A new Division of Natural Medicine under the Department of Revenue (DOR) will be responsible for regulating the therapeutic program and issuing licenses for cultivators, manufacturers, testing facilities, and healing centers. This is a departure from the initiative, which assigned primary responsibilities to the Department of Regulatory Agencies (DORA).
– The legislation proposes the creation of a federally recognized American tribes and Indigenous community working group within DORA to address any unintended consequences of the reform, especially concerning the potential commercialization of psychedelics and the religious or spiritual exploitation of native people.
– Synthetic psychedelics are not permitted, and possessing psychedelics with hazardous materials like solvents would be considered a Class 2 felony.
– Initially, only psilocybin and psilocyn could be administered at healing centers. However, regulators may add additional psychedelics over time. The bill also allows regulators to authorize supervised use of ibogaine at facilities at any time, rather than waiting until at least June 1, 2026, as is the case for mescaline and DMT.
– Four categories of licenses will be available: healing centers, cultivation facilities, product manufacturers, and testing facilities.
– Localities cannot ban healing centers, but they can enact rules governing their time, place, and manner of operations.
– The deadline for regulators to begin accepting and reviewing license applications will be extended from September 30, 2024, to December 31, 2024.
– Licensed psychedelic businesses can deduct expenses from their state taxes, providing a partial workaround to the federal 280E provision.
