After a long and contentious campaign, the people of Colorado have spoken.
The Centennial State has voted to legalize and decriminalize various psychedelic drugs via Proposition 122, also known as the Natural Medicine Health Act.
Proponents declared victory on Wednesday evening. With 88% of the ballots counted, the measure had eked out a narrow win: 51.4% of voters supported it, and 48.6% opposed.
Proposition 122 includes several components that state officials will implement over the next several years: The decriminalization of psychedelic drugs, the legalization of psilocybin (magic mushrooms), and the potential legalization of other psychedelic drugs, including ibogaine, dimethyltryptamine (DMT), and mescaline (not derived from peyote).
Here’s what happens next.
When will Colorado decriminalize the possession of psychedelics?
Decriminalization will take effect with the confirmation of the November vote. Prop 122 decriminalizes the possession of the following plant-derived substances: Psilocybin, ibogaine, dimethyltryptamine (DMT), and mescaline (not derived from peyote). A leading supporter of the measure told Leafly that legal psilocybin “treatment centers” would likely begin opening in early 2025.
How much can I possess?
Prop 122 does not include specific language around possession limits.
When can I legally buy psilocybin and other psychedelics?
Prop 122 allows for the gifting of the psychedelics to begin with the certification of the vote.
It will take awhile before adults can purchase psilocybin (and the associated treatment regimen) at a state-sanctioned treatment center.
First, the state must establish a 15-member Natural Medicine Advisory Board, who will in turn craft rules for the program. A leading supporter of the measure told Leafly that psilocybin treatment centers will likely open in early 2025. The Natural Medicine Advisory Board can decide to expand the scope of the law to provide a similarly regulated market for ibogaine, dimethyltryptamine (DMT), and mescaline (not derived from peyote), but not before June 1, 2026.
Can I cultivate mushrooms at home?
Yes. Personal cultivation of entheogens will become decriminalized as soon as state officials certify the November vote.
Will there be treatment centers for psychedelics?
Yes. Prop 122 allows licensed treatment centers to open across the state. Adults can consume psilocybin in a treatment center beginning like in 2025. State officials could begin the process of legalizing treatment centers for ibogaine, DMT, and mescaline on or after June 1, 2026.
Will psilocybin be taxed?
The measure does not include specific language around taxation.
Is there a sentence expungement process?
The Natural Medicine Health Act calls for individuals who have completed sentences for offenses rendered legal by the act to be able to petition to have their record sealed. In Colorado, expungement is typically only applied to juveniles’ records.
Can my town ban treatment centers?
No, but localities can zone treatment centers to specific areas, and put limits on their hours of operation, as long as they are not “unreasonable” in nature.