Colorado Proposition 122 (STATUTORY) (2022)
YES / FOR. I think Proposition 122 will be the most difficult item for me on this year’s ballot. In some ways, a simple decriminalization measure would be easier to support and write about.
Shall there be a change to the Colorado Revised Statutes concerning legal regulated access to natural medicine for persons 21 years of age or older, and, in connection therewith, defining natural medicine as certain plants or fungi that affect a person’s mental health and are controlled substances under state law; establishing a natural medicine regulated access program for supervised care, and requiring the department of regulatory agencies to implement the program and comprehensively regulate natural medicine to protect public health and safety; creating an advisory board to advise the department as to the implementation of the program; granting a local government limited authority to regulate the time, place, and manner of providing natural medicine services; allowing limited personal possession, use, and uncompensated sharing of natural medicine; providing specified protections under state law, including criminal and civil immunity, for authorized providers and users of natural medicine; and, in limited circumstances, allowing the retroactive removal and reduction of criminal penalties related to the possession, use, and sale of natural medicine?
YES / FOR. While I’m personally voting Yes, it’s a fairly soft yes that does leave me with some unanswered questions.
What I think this measure gets right: the aspects of decriminalization and details on what are permissible and impermissible use of the substances in general.
What I’m not sure about with this measure: what are the details of the substances themselves, how they might be used medically, or how they might be made available to the general public.
From the Colorado Blue Book:
Arguments Against Proposition 122
“There are currently no approved therapies that use psychedelic mushrooms or other plant-based psychedelic substances, and the effects of them can vary widely from person to person, depending on the dose, frequency of use, and type of substance. Breakthrough Therapy designation does not mean that the use of psychedelic mushrooms is safe or recommended.
Further, DMT, ibogaine, and mescaline have not received a similar designation, and, specifically, ibogaine may cause life-threatening heart conditions. Proposing a regulatory framework for the use of these substances suggests that they offer legitimate treatment before they have received federal approval, potentially putting people’s health and public safety at risk.”
Is it possible that the passage of Prop 122 might further research and development of these areas? Perhaps. Is it also possible that we may find limited benefits and some negative externalities of passing Prop 122? Also possible.
In general, I feel that the measure goes in the right direction, but may need additional action from the legislature to tighten up the policy. Here are a few more sources to read that I think may be useful:
Colorado was the first state to legalize cannabis.
More from Vicente Sederberg:
Colorado Prop 122: A Transformative Measure Grounded in Equity and Healing
Colorado Prop 122’s Historic Environmental, Social & Governance (ESG) Requirements
The Natural Medicine Health Act of 2022: A Measure to Access Psychedelic Medicine in Colorado
Additional Reporting, Commentary, and Sources
Colorado Blue Book – Proposition 122 – State of Colorado
Native Coalition Against Prop 122
What is Colorado Proposition 122: Legalizing psilocybin and psilocin? – Denver Post