News & Insights
July 2024 Update: The Colorado Department of Regulatory Agencies Concludes Facilitator Rulemaking for Implementation of the Natural Medicine Health Act
As Colorado continues to lead in progressive health legislation, the Department of Regulatory Agencies (DORA), in charge of regulating the education, licensing, and conduct of facilitators, is at the forefront of implementing the Natural Medicine Health Act. The process has involved rigorous rulemaking to ensure the safe and effective administration of natural medicine services, including regulations on licensing, training, and professional conduct.
Navigating Psychedelic Policy in the Northeast
As psychedelic substances gain recognition for their therapeutic potential, policy in the Northeast is rapidly evolving, reflecting a growing acknowledgment of the benefits these substances can offer, particularly in mental health treatment. States across this region are taking varied approaches to regulating psychedelics, from therapeutic programs and decriminalization efforts to comprehensive studies and commissions.
Natural Medicine Health Act Rulemaking has Officially Commenced in Colorado
Colorado’s regulated psychedelic access program is emerging with the recent publication of draft regulations governing facilitator training and business licensing. After 26 committee meetings and 11 listening sessions, the Department of Revenue (DOR) and the Department of Regulatory Agencies (DORA) have released their first rounds of draft rules and will be holding meetings to accept public comment over the next few months.
Colorado Natural Medicine Health Act Overview
In recent years, Colorado has become a focal point of psychedelic policy reform. In May 2019, Denver became the first city in the nation to deprioritize the arrest and prosecution of adults engaging in the personal use of psilocybin. Three years later, in November 2022, Colorado voters approved Proposition 122, the Natural Medicine Health Act (“NMHA”). The law includes both a statewide decriminalization component and a framework for a regulated access system to psilocybin, and eventually other “natural medicines.” In May 2023, Governor Jared Polis signed Senate Bill 23-290 to implement the NMHA, and it took effect on July 1st, 2023.
2024 Psychedelics Policy Outlook
Despite decades of prohibition, psychedelic policy reform has taken off over the past five years. In the United States, at least 28 municipalities have passed local decriminalization (i.e., deprioritization of law enforcement) measures, two states have adopted regulated access models for psilocybin, at least initially, and a sprinkling of states have begun to consider decriminalization for small amounts of certain psychedelics or have enacted reduced penalty statutes applicable to limited, personal use. In 2023 alone, eight localities passed decriminalization initiatives and at least a dozen states introduced psychedelics-focused legislation. Several states have also adopted laws requiring the establishment of working groups to study the potential medical uses of psychedelics and/or have designated funds for academic institutions and other organizations to engage in psychedelic research. For example, Arizona, Minnesota, Nevada, and Washington all passed legislation establishing committees to study psychedelics further in 2023. In other states, proposed legislation continues to face resistance and has been unsuccessful.
Feldman Legal Advisors’ Courtney Barnes, Esq. Advocates for Psilocybin Decriminalization in Connecticut
Courtney Barnes, Esq. was one of the policy reform activists who testified at the Psilocybin Decriminalization Forum that took place at the Connecticut Capitol last week. Organized by Last Prisoner Project, over a dozen therapists, researchers, attorneys, and advocates came together to speak about the value of psilocybin from both a mental health and economic perspective. The event marks the first psilocybin decriminalization informational forum of the 2024 legislative season.
California Drug Policy Reformers Return to Ballot Measure Campaigns After Governor Newsom Vetoes Psychedelics Decriminalization Bill
California Governor Gavin Newsom has vetoed Senate Bill 58, the first psychedelics decriminalization measure to pass both chambers of a state legislature. Now, California drug policy reformers are refocusing their efforts on ballot measure campaigns for 2024.