After Colorado legalized marijuana possession in 2012, the state legislature went one step further and decided in late 2022 to legalize some psychoactive drugs - such as the psilocybin mushrooms. The law brings changes in several areas, including medicine, while leaving some restrictions in place.
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What does the amendment change?
Since the law went into effect, Colorado residents have been able to legally possess some previously banned substances. The regulation covers two of them present in hallucinogenic mushrooms: psilocybin and psilocin, as well as three more of plant origin: ibogaine, mescaline and dimethyltryptamine (DMT). The new law allows:
- possession
- cultivation
- sharing
- use of
Local authorities in the Colorado area will not be able to impose solutions that are more restrictive than state regulations, and the use of the listed substances will not be allowed as grounds for denial of insurance or organ transplantation. In addition, the substances will be legal only for people 21 years of age and older. Those younger will face a $100 fine and up to four hours of an educational course on the use of psychoactive drugs. Recidivists, on the other hand, can expect not only a fine (in the same amount), but also a sentence of 24 hours of community service. The scope of free use has been limited to private properties; use of these drugs in a public place will result in a fine of up to $1,000.
A hard "no" to business
Despite the broad catalog of opportunities offered to amateurs of psychoactive substances by the amendment to the state law, Colorado says a firm "no" to for-profit activities related to this area. In the case of medical activities, the funds, in addition to those possessed by the person using such services, can also be provided by licensed professionals, but only free of charge.
The idea of gratuitousness involves many aspects, including religious ones. The substances covered by the law are used in ceremonies by many Native American tribes, so lawmakers want to prevent excessive commercialization that could distort the religious and cultural context of psychoactive use.
Medical use
However, due to the impossibility of trafficking in these drugs, there will be no "pharmacies" or doctor's offices offering the opportunity to purchase by prescription. The legislation dictates that, beginning in 2024, there will be regulations under which licensed centers can be established where substances can be taken under supervision for medical purposes. Initially, only psilocybin and psilocin will be affected, but starting in 2026, state authorities will be able to decide to expand their services to include the three plant-based substances.
Given the plan for the emergence of an entire sector of services offered to Colorado residents, the law also mandates that by January 1, 2024, the requirements to be met by a person who intends to operate a medical center offering therapy with psychoactive drugs must be established. It will be necessary to establish the required qualifications, as well as the path of education and training they must undergo to obtain a state license.
The entire undertaking of regulating the medical aspect of the new law will be divided between two institutions: The Treasury Department, where the Department of Natural Medicine (responsible for issuing permits for the establishment of centers) and the Department of Regulatory Agencies (professional licensing) will be established.
Implementation of the law
The process of implementing the provisions of the new law is staggered. Although decriminalization has already taken place, there are a number of regulations facing the legislature, the creation of which must be met. Some of them are already being processed. State authorities are working on regulations for licensing medical centers and the people who will work in them.
Another interesting element of the law is the establishment of a new institution - the Natural Medicine Council. Its task will be to observe the effects of the changes being implemented, and it is composed of experts in many fields concerning medicine, criminal law, insurance or religion. On March 17 of this year, the state Senate approved candidates for the Council.
Colorado is introducing a comprehensive solution that also includes vigilant monitoring of the social effects of the amendment. Possible future moves to further liberalize (or tighten) state laws will certainly depend on the results of these observations.
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