[co-author: Natalie Afshar]
Prop 122 successfully passed in November, but several questions still remain on Colorado’s creation of a legal regulatory framework to support psychedelic substances.
This past November, Colorado voters approved the legalization of psilocybin mushrooms for personal and medical use. The Natural Medicine Health Act, commonly referred to as Proposition 122 (“Prop 122”) decriminalized the personal use and possession – for adults 21 and older – of hallucinogenic/entheogenic plants and fungi. This will also allow for the use of psilocybin mushrooms in state-regulated “healing centers” where people can receive medically guided psilocybin treatment.1
Although Prop 122 decriminalizes individual cultivation, possession, use, and gifting of several psychedelic compounds for adults 21 years and older, it does not permit retail sales of such substances. Colorado aims to accept applications from licensed facilities to administer psilocybin sometime around September of 2024. By 2026, the proposition may allow for the decriminalization of additional substances such as dimethyltryptamine (“DMT”), ibogaine, and mescaline.
Within the next year, the bill calls for the implementation of a Natural Medicine Advisory Board (the “Board”). The Board will be comprised of 15 members appointed by Governor Jared Polis – seven of the 15 members will have expertise in natural medicine therapy and eight of the 15 will have expertise in the religious use of natural medicine. The full list of board members was announced on January 31.2 According to the legislation, the Board will work to establish public health approaches regarding natural medicines use, effect, risk reduction, product safety, harm reduction, and cultural responsibility to ensure that the Colorado’s Department of Regulatory Agencies’ standards are met at psilocybin centers.
Prop 122 successfully passed due to efforts that date back to 2019. Ordinance 301 and the Denver Psilocybin Mushroom Initiative campaigned and fundraised to guarantee the ballot addressed the decriminalization of psilocybin. The grassroots initiatives supporting these landmark pieces of legislation found success as Prop 122 passed in November by a 52.3% to 47.7% margin.3
Prop 122 aims to assist many individuals in Colorado not only through general drug policy reform, but medicinally as well. Previous research into the effects of psilocybin points to success in the treatment of conditions such as post-traumatic stress disorder, depression, and anxiety, among other mental health issues. In a study conducted at the Johns Hopkins University School of Medicine, researchers determined that a “substantial majority of people suffering from cancer-related anxiety or depression found considerable relief for up to six months from a single large dose of psilocybin — the active compound in hallucinogenic ‘magic mushrooms.’”4
Colorado is not the only jurisdiction to pass laws permitting possession and/or use of psychedelic substances. Both Washington D.C. and Oregon have also approved similar legislation. Washington D.C. passed Initiative 81 in 2020 that deprioritized psilocybin as a priority for law enforcement agencies. Additionally, in 2020, Oregon passed Measure 109, which developed regulatory guidelines that allow for the manufacture, sale, and use of psilocybin under the supervision of a state-certified facilitator. As of January 1, 2023, Oregon is the first US state to legalize psilocybin for adult use with eleven counties opting into the state’s psychedelic medicine program.
Looking forward, after June 1, 2026, the Natural Medicine Advisory Board may recommend that the term natural medicine expand to include DMT ibogaine, and mescaline. Once the Natural Advisory Board evaluates research, studies, and data related to psychedelic substances, the Board will make suggestions and recommendations to the state’s legislature, including whether psychedelic substances that are categorized as natural medicine services should be covered under Health First Colorado and other insurance programs as cost-effective treatments for various health conditions. The Board will also assess sustainability issues related to Natural Medicine as well as its impact on indigenous cultures.
The Rodman Law Group is closely monitoring legislation in Colorado and across the country.
1. Branfalt, TG. “Colorado Legalizes Psychedelic Mushrooms for Personal and Medical Use.” Ganjapreneur, Ganjapreneur.com, 11 Nov. 2022.
2. Jojola, Jeremy. “Here’s How Colorado’s Rule-Making for Psychedelic ‘Healing Centers’ Begins.” 9NEWS, KUSA-TV, 31 Jan. 2023.
3. Branfalt, TG. “Colorado Legalizes Psychedelic Mushrooms for Personal and Medical Use.”
4. “Hallucinogenic Drug Psilocybin Eases Existential Anxiety in People With Life-Threatening Cancer.” Johns Hopkins Medicine, The Johns Hopkins University, The Johns Hopkins Hospital, and Johns Hopkins Health System, 2 Dec. 2016.
