OPINION

rights” and that “Passing legislation without tribal consultation ignores the legal standing of federally recognized tribes, which is a matter of constitutional treaty law.” Additionally, our joint efforts in our testimony at the Capitol to remove mescaline from the bill was met with, “Voters voted for it” and that it would be unconstitutional to ignore that. Senate President Steve Fenberg, the main sponsor of the bill, has been the most supportive in the legislative process, amending a Federally Recognized American Tribes and Indigenous Community Working Group to advise on the misappropriation of Native medicines, communities, cultures and religions. Legislators nearly failed to pass the amendment, highlighting problematic issues and the lack of awareness on the crucial importance of having Native people guide a massive piece of legislation that profoundly impacts us. This is especially concerning considering that SB23-290 creates a new branch within the Western healthcare system almost exclusively based on the co-opting of Native medicines and religious traditions. Thus, over half of voters in a state of mostly non-Native people (Natives are only 2% of Colorado’s population due to forced displacement) with minimal or no ancestral connections to these medicines or cultures voted for open and regulated access to medicines central to many Native tribes without consent or consultation. SB23-290 is unfortunately another prime example of systemic racism, Western extractivism and exploitation upon Native communities. Sadly, the law’s lobbyists reflect pride in their bill and hope it will inform the legislation of other states that may soon follow Colorado’s lead.

Gabriela Galindo is the assistant program coordinator for CU Boulder’s Foundations for Leaders Organizing for Water and Sustainability program, as well as a 2023 Colorado Water Fellow through the National Young Farmers Coalition.

This opinion does not necessarily reflect the views of Boulder Weekly.

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