Weed Between the Lines: Colorado could have two state-wide psilocybin bills on 2022 ballot—one for legalization and another for decriminalization

Choosing how to heal

Denver’s decriminalization of magic mushrooms in 2019 was followed by a cascade of city, county, and state-wide decriminalization efforts across the country. In the years since California, Michigan, Massachusetts, Washington and Washington D.C. have all had cities or counties decriminalized psilocybin and other similar plant-medicines. And in 2021, Oregon became the fi rst U.S. state to decriminalize all psychedelics (and personal drug possession at large). Now Colorado is moving toward state-wide decriminalization or legalization, with two separate ballot initiatives. But the two proposals are approaching that shared goal in very different ways. “This is an incredible step to make, and I am so grateful that so many people are acknowledging the need for this change,” Veronica Perez, a representative for one of the two initiatives, the

Natural Medicine Health Act, says. “I am beyond excited to be able to offer my fellow Coloradans more choices.

I fully believe that the Earth offers us everything that we need to thrive.” Advocates for the Natural Medicine Health Act submitted four versions of this bill’s potential ballot language to lawmakers. All of them were approved, giving the group a choice between four different iterations of legalization legislation. The group chose Initiative 58. “It’s the most comprehensive of the initiatives we proposed and will ensure that all Coloradans have access to natural medicines in the way that works best for them,” Kevin Matthews, president of the Denver Psilocybin Mushroom Policy Review Panel and the campaign manager behind the 2019 vote to decriminalize psilocybin in Denver, says. “Initiative 58 is focused on opening access to as many Coloradans as possible.” This proposed act would allow adults over 21 to possess, cultivate, gift, and deliver psilocybin, psilocyn, ibogaine, mescaline, and dimenthyltryptamine (DMT). According to Initiative 58’s language, though, only psilocybin would be immediately legalized, while the other specifi ed substances couldn’t be legalized and regulated for therapeutic use until June 2026, giving lawmakers time to set up the rules for psilocybin fi rst. The Natural Medicine Health Act would also charge Colorado’s Department of Regulatory Agencies (DORA) with developing rules for therapeutic psychedelics programs for adults over 21 to receive treatment from a trained facilitator. Treatment could be done at a licensed healing center, privately with the patient at their own home, or at an approved healthcare location. It also includes a component authorizing convicted criminals to petition courts for record sealing of past convictions. “Compared to other states, [Colorado has] the highest prevalence of adults who are suffering from [mental health] issues and the lowest rates of access to care,” Matthews says. “The Natural Medicine Health Act of 2022 will provide another option for individuals to fi nd relief in their health and mental wellness.” However, just a week after the language for the Natu-

ral Medicine Health Act was approved, another pro-psilocybin group fi led a second ballot initiative, proposing a Colorado could have two state-wide psilocybin much different way of approaching the same vision. bills on 2022 ballot—one for legalization and Activists from Decriminalize Nature Boulder County argue that the best way to end prohibition and criminalanother for decriminalization ization of psilocybin is through a simple, straight-forward by Will Brendza state-wide decriminalization bill. Instead of setting up the whole regulatory legalization framework proposed in the Natural Medicine Health Act, Decriminalize Nature’s proposed ballot initiative, called Legal Possession and Use of Entheogenic Plants and Fungi, would buy time for dialogue, education and research, to inform future policies for full-on legalization. “Without decriminalization and the security it allows for affected communities to more effectively organize, regulatory models will make it diffi cult for the most disadvantaged groups of our population to continue to access the natural medicines they safely use to heal,” Nicole Foerster with Decriminalize Nature, stated in a press release. “To address this we are advocating for a simple change to existing laws around these controlled substances.” The Decriminalize Nature measure would legalize the facilitation of psychedelic guidance services and therapy. Selling psychedelics would remain illegal under this decriminalization measure, but licensed mushroom businesses would be allowed to charge clients for facilitation services. Either measure needs 124,632 signatures from registered Colorado voters in order to appear on the ballot. On one hand, having two such proposals in Colorado doubles the chances that one (or both) of these initiatives could end up on the ballot in November. On the other hand, the choice could divide proponents down the decriminalize vs. legalize demarcation line. Should both measures get enough signatures to be voted on, it could split support for either one. The advocates with the Natural Medicine Health Act don’t seem worried about that. “This is not a competition,” Matthews says. “We respect all efforts to get on the ballot.” “To me, [having two ballot initiatives] is a demonstration of how needed freedom in the usage of psilocybin and plant medicines is,” says Perez. “It proves how many people are interested and supportive of our rights here in Colorado to choose how we want to heal.” If both initiatives end up on November’s ballot, the one with the most votes wins.