It’s official: Colorado is moving forward as the second state to decriminalize and regulate psilocybin (along with other psychedelic substances) for therapeutic use, as voters passed the Natural Medicine Health Act earlier this month. Sure, Oregon’s ongoing expedition in seeing through its own psychedelic endeavor gives us a bit of a preview as to what Coloradans can expect, but how exactly will state lawmakers and leaders navigate the road ahead?
The act will create a state-regulated therapeutic system for adults to access natural psychedelic medicines—namely psilocybin mushrooms, dimethyltryptamine (DMT), ibogaine and mescaline not derived from peyote—to be available under the guidance of a licensed, supervised facilitator at designated “healing centers” and healthcare facilities.
It also decriminalizes the personal use of substances, meaning that Coloradans can possess and grow psychedelic mushrooms themselves.
In the infancy of this new venture, Colorado leaders must first work to develop an advisory board, Colorado Newsline reports, including appointees from Governor Jared Polis, who is tasked with assisting the Department of Regulatory Agencies to implement the new program.
Psychedelic Board Criteria
Per the text of the Natural Medicine Health Act, the board will consist of 15 members, who must be appointed by January 31, 2023. Among these appointments, Polis must meet a number of criteria.
At least seven of the members must have “significant expertise and experience in one or more of the following areas: natural medicine therapy, medicine, and research; mycology and natural medicine cultivation; permitted organization criteria; emergency medical services and services provided by first responder; mental and behavioral health providers; health care insurance and health care policy; and public health, drug policy, and harm reduction.”
Additionally, at least eight members of the board must have “significant expertise or experience in one or more of the following areas: religious use of natural medicines; issues confronting veterans; traditional Indigenous use of natural medicines; levels and disparities in access to health care services among different communities; and past criminal justice reform efforts in Colorado.”
The act notes that at least one of the eight members must have expertise or experience in traditional Indgienous use of natural medicines. The initial board will see seven of the members appointed to two-year terms and eight members appointed to four-year terms. Members appointed after the initial terms will be appointed to four-year terms and can serve up to two consecutive terms, according to the act.
“We will follow the will of the voters and will be appointing a 15 member advisory board to oversee the regulatory process around this new voter-approved measure,” Melissa Dworkin, a spokesperson with the governor’s office, told Colorado Newsline in an email.
Attorney Josh Kappel chaired the Natural Medicine Colorado’s campaign committee and helped draft Proposition 122 and said he trusts the governor to appoint a board that is inclusive of all relevant stakeholders. Initially, Kappel said the board’s purpose is to provide the Colorado Department of Regulatory Agencies with recommendations around the program’s implementation.
From there, the board will make annual recommendations surrounding public health approaches for natural medicine, along with educational campaigns, research on efficacy and regulation of psychedelics, training programs, equitable and culturally responsible access and data collection/reporting.
Once the initial appointments are made before the January 2023 deadline, the board will kick off an 18-month rulemaking process, facilitating regulations around licensing, training and operation of the healing centers, according to Kappel.
“We hope to be able to work with everyone—the government stakeholders, even those who opposed us—to help create a program that is both safe, but also provides the mental health treatment and options that Coloradans are expecting after passing Prop 122,” Kappel said.
Ben Unger works for New Approach, which supported the newly passed Colorado act and Oregon’s Measure 109. He told Colorado Newsline in an email that he hopes the advisory board is “filled with experts that can guide a regulatory process that maximizes safety and promotes equitable access for all that can benefit.”
Unger also indicated that it’s “reasonable” to expect services to begin in the summer of 2025, adding, “It’s important that the state work with experts to develop processes that promote safety while protecting access for people that can benefit.”
