What is the Natural Medicine Health Act of 2022?
On November 8, 2022, voters in Colorado passed the ballot initiative, Natural Medicine Act of 2022. Lawfully declaring the use, cultivation, and possession of psilocybin mushrooms and other plant-derived psychedelics by adults over 21. Colloquially called Proposition 122. The law also prohibits the sale of psilocybin. Instead, the ballot initiative establishes a framework for the use of psilocybin in therapeutic and mental healthcare facilities. Prop. 122 specifies further that such facilities have the potential to become state-licensed healing centers.
However, due to a provision in the law that requires state agencies to create rules for licensing and regulation of these centers. Legislative implementation shall take some time. Colorado’s Department of Regulatory Agencies (DORA) anticipates by September 30th, 2024, the state shall, “Adopt rules necessary to implement the regulated Natural Medicine Access program and begin accepting applications for licensure.”
Additionally, Prop. 122 includes provisions to seal the criminal records of individuals who have completed a sentence for a conviction that is no longer considered a crime pursuant to this legislation. Individuals will be able to file a petition to seal the record of their conviction at no cost as long as there is no objection from the District Attorney. If the DA objects, a hearing process is outlined.
What natural medicine is included?
According to DORA, natural medicine refers to the following substances: dimethyltryptamine (DMT), ibogaine, mescaline (excluding peyote), psilocybin, or psilocyn. As it relates to the regulated natural medicine access program outlined in this act. Until June 1, 2026, the term only includes psilocybin and psilocyn. In either case, if recommended by the Natural Medicine Advisory Board, the Department could potentially add one or more of the previously listed substances after June 1st, 2026.
What role will local government have in regulation?
A locality may not ban or prohibit the establishment or operation of a licensed healing center within its boundaries. Localities may regulate the time, place and manner of the operations of healing centers within its boundaries