Legislation to legally regulate certain psychedelics has been signed into law by Governor Jared Polis.
Governor Polis signed Senate Bill 23-290 into law today, three weeks after it was sent to him by the state’s legislature. It passed the House 45 to 18 and the Senate 25 to 11.
SB 23-290 places no specific possession limits on the personal use of psilocybin, ibogaine, mescaline, DMT and psilocyn for those 21 and older, while establishing a legal framework for obtaining them. The bill was introduced in response to a voter-approved initiative that legalized certain psychedelics while tasking state lawmakers with establishing regulations.
Under the new law consuming psychedelics in public would not be a criminal offense, but those caught doing so could be cited with a fine of up to $100.
The law mandates that the state issue licenses for testing facilities, cultivation facilities, product manufacturers and healing centers where certain psychedelics can be consumed. The measure would create the natural medicine advisory board (board) with their duties including “examining issues related to natural medicine and natural medicine product, and making recommendations to the director of the division of professions and occupations and the executive director of the state licensing authority.”
The bill’s official summary states:
- Unless expressly limited, a person who for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine or natural medicine product, does not violate state or local law, except that nothing permits a person to distribute natural medicine or natural medicine product to a person for certain unlawful purposes;
- A lawful action related to natural medicine or natural medicine product must not be the sole reason to subject a person to a civil penalty, deny a right or privilege, or seize assets;
- A lawful action related to natural medicine or natural medicine product must not be used as the sole factor in a probable cause or reasonable suspicion determination of any criminal offense; except that an action may be used in such determination if the original stop or search was lawful and other factors are present to support a probable cause or reasonable suspicion determination of any criminal offense;
- A local jurisdiction is prohibited from adopting, enacting, or enforcing a conflicting law;
The bill states that an act involving natural medicine or natural medicine product that is performed by a person:
- Does not solely constitute child abuse or neglect, or grounds for restricting or prohibiting family time;
- Does not solely constitute grounds for denying health insurance coverage;
- Does not solely constitute grounds for discrimination for organ donation; and
- Must not be considered for public assistance benefits eligibility, unless required by federal law.
The bill makes a person eligible to file a motion to have conviction records related to natural medicine or natural medicine product sealed immediately after the later date of final disposition or release from supervision.
You can find the full text of the new law by clicking here.