Colorado voters approved Proposition 122, or the Natural Medicine Health Act, in November 2022, legalizing medical psilocybin use while also decriminalizing the personal use and cultivation of psilocybin, DMT, ibogaine and mescaline. Psilocybin has been legalized for supervised medical use, with clinics and therapy centers set to open as early as next year. The other three substances will be reviewed for future legalization by the Colorado Department of Regulatory Agencies, with ibogaine up next.
As DORA's Natural Medicine Advisory Board drafts regulations for licensed psilocybin facilitators, healers and clinics, lawmakers have provided some suggestions and support.
Last year, the Colorado Legislature passed a bill that created the state's new Natural Medicine Division (NMD), which will oversee licensed psychedelic production, manufacturing and medical sales. The same bill, introduced by state Senator Stephen Fenberg, created guardrails for unlicensed psychedelic facilitators, restrictions for personal mushroom and natural-medicine cultivation, and criminal penalties for the unlicensed sale or distribution of psychedelics.
Now Fenberg is back with a new natural medicine bill, Senate Bill 24-198, which he introduced on April 4. Although this measure adds further guidelines for licensed psychedelic operators, it doesn't address personal cultivation, possession or gifting, all of which are allowed under the Natural Medicine Health Act.
Fenberg's office did not immediately respond to an inquiry about the bill, but according to the legislative summary, SB 21-198 would:
- Authorize the director of the Division of Professions and Occupations in the Department of Regulatory Agencies to approve facilitator education and training programs
- Exempt facilitator education and training programs from regulation as private educational schools
- Update rule-making by the Department of Public Health and Environment and the Department of Revenue related to laboratory testing and certification of natural medicine products
- Prohibit individuals, rather than all persons, from having a financial interest in more than five natural medicine business licenses
- Clarify that a person may operate a natural medicine testing facility at the same location as a regulated marijuana testing facility
- Specify which transfers and distributions of regulated natural medicine and regulated natural medicine products are authorized between persons licensed as healing centers, facilitators, natural medicine cultivation facilities, and natural medicine manufacturers
The NMD and DORA are still holding pubic rulemaking sessions regarding the business and practice of licensed natural medicine, and are expected to finalize their regulations this fall.
Local governments aren't allowed to prohibit natural medicine clinics or production facilities, but they are allowed to implement time, place and manner restrictions. The City of Denver recently set up a natural medicine policy work group for local rule recommendations, with the first meeting set to take place on April 25; last month, the city introduced a psychedelic training initiative for emergency responders created in partnership with the Multidisciplinary Association for Psychedelic Studies (MAPS).
