Colorado legislators have introduced a bill that will allow the Governor to pardon people convicted for psychedelic-related crimes. The law also aims to revise the implementation rules of the state’s psychedelics legislation, which was approved by voters.
About a week after Sen. Matt Ball (D) and Rep. Lisa Feret (D) filed the legislation, SB25-297, it cleared the Senate Health & Human Services Committee in a 7–2 vote on Wednesday after members adopted a minor amendment.
The measure, if passed, would allow Gov. Jared Polis, (D), or any future governors may grant clemency for people convicted of low-level possession for substances like psilocybin and DMT which have been made legal for adults by state law.
In 2023, Polis called on lawmakers to take steps allowing him to issue mass pardons for people with prior psychedelics convictions as the voter-approved legalization policy was being implemented.
At that time, the Governor said that he was waiting for the legislature to grant him the authority to pardon criminal records that are now legal. “So that anybody with something in their criminal history that is currently legal can get that expunged so they don’t hinder them from employment opportunities in the future.”
Ball stated at the Wednesday hearing that retroactive pardons will affect “a small group” of people in the state. This is likely to be less than twenty. He did note that the clemency clause was in the ballot initiative, Proposition. The state legalized its so-called “natural medicine” program, Prop. 122.
He added: “It gives the governor authority to execute the will expressed in Proposition 122.”
In addition to granting the governor that authority, the committee-passed measure would also require the Colorado Department of Public Health and Environment (CDPHE), Department of Revenue (DOR) and Department of Regulatory Agencies (DORA) to “collect information and data related to the use of natural medicine and natural medicine products.”
Included in this data would be information about law enforcement, adverse events and health claims, as well as behavioral effects related to psychedelics.
According to the bill, “Subjected to available budgets, CDPHE must also collect from healers and facilitators relevant data and other information related to using natural medicine,” The CDPHE must create and maintain an information database.
It would also amend licensing rules and the ownership of centers that offer psychedelic therapies. It removes the requirement of fingerprint checks on owners and employees at licensed facilities. Instead, they will only have to undergo a criminal background check based on their names.
The law also “requires that the state licensing authorities adopt rules related product labels and products for regulated herbal medicine, and allows the licensing authorities to adopt regulations regarding what types of natural medicine products can be produced.”
An amendment from Ball adopted before Wednesday’s committee vote made adjustments to the proposals conflicts of interest section, clarifying that funding for the program—which would be made up of gifts, grants and donations from third parties—not come from parties with a direct financial interest in the natural medicine program or those that can improperly influence data collection.
Overall, the proposal has received support from a wide variety of supporters. This includes groups that are in favor of psychedelics and others who oppose legalization. The public seemed to be in agreement that data collection would allow observers inside and outside Colorado to better understand what happens when psychedelics are regulated.
Colorado is leading the way in psychedelic policies. Joshua Kappel said, “Other states are closely watching us,” said Joshua Kappel. Kappel was a founding partner of Vicente LLP law firm and one the drafters for Prop. A letter written by five Colorado psychiatrists was read out loud by Representative 122. If we are to be leaders with integrity, then we need to show that a regulated program for psychedelics can not only be innovative but also accountable and effective.
In the letter, it was stated, “We hope that this data will inform national debates, guide legislation, improve scientific research and protocol development, as well as help to save lives”.
Rachel O’Bryan told legislators that the members of the One Chance to Grow Up group, whose mission it is to protect young people from marijuana-related risks, and its advisory council, support the proposed bill.
O’Bryan stated, “At One Chance we believe that the best policies are informed by facts and evidence rather than opinions or assumptions.” This requires data collection. This bill improves the collection of data and the dissemination thereof regarding the impact Colorado’s code of natural medicine on Colorado citizens, institutions and businesses.
Colorado leads the nation in the collection of data about marijuana effects, she said. This bill would make Colorado a leader when it comes to the collection of data for the impacts on natural medicines.
Andrea Stojsavljevic – a Senior Policy Coordinator at Children’s Hospital Colorado – also called on lawmakers to pass the bill.
Stojsavljevic stated that “these types of data can be crucially informative for future policymaking.” Data may show that youth are using products more, or they have been accidentally ingested.
Before the vote on the measure, the members of the committee did not spend much time debating the legislation. Some questions were asked by Republican Senators. Scott Bright—who ultimately voted in favor of the measure—and Lisa Frizell, who cast her vote against it.
Bright requested more information about changes in data collection, and an update regarding revenue generated from licensing psychedelics. He said that “a few years ago,” the projected amount was “norther than $1 million.”
Allison Robinette said the Department of Revenue’s divisions for marijuana and herbal medicines are still “working through” the process, but that they believe “we’re on target with our projections.”
She added, “I’m confident that we’re moving in the right direction, but it’s still early on and there are many things to see.”
Frizell’s questions centered on whether the bill would allow publicly funded institutions, such as universities, to make gifts, grants or donations—a move she said would sidestep how funding decisions are supposed to be made.
After asking witnesses a series of questions about the issue, she stated that it was not acceptable to avoid our budgetary problems by giving funding to institutions funded publicly. This is a serious problem. “And if you don’t know how to explain it, this is an even bigger problem.”
Ball acknowledged, on his own, that when his office drafted the bill, it had not considered funding from public universities.
The majority of discussions he has had with national non-profits have focused on a small number of groups. There are many more organizations interested in the research. Colorado has an advantage because it can gather aggregate data.
Lisa Cutter (D) was the other senator who voted against SB25-297. Next, the bill will be sent to Senate Appropriations Committee.
Meanwhile in Colorado, earlier this month the governor signed into law a bill that would allow a form of psilocybin to be prescribed as a medication if the federal government authorizes its use.
Colorado has already made psilocybin, and other psychedelics legal for adults over 21 years old through a ballot initiative approved by voters. The newly implemented reform allows drugs that contain an isolated version of psilocybin synthesized using psilocybin to be available on physician prescription.
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As of January, meanwhile, Colorado regulars have been authorized to approve licenses for psilocybin service centers where adults can access the psychedelic in controlled settings.
The governor signed a bill to create the regulatory framework for legal psychedelics in 2023.
Legislators are clearly interested in setting up the state to be able to distribute certain psychedelics more conventionally. In 2022, Polis also signed a bill to align state statute to legalize MDMA prescriptions if and when the federal government ultimately permits such use.
It is uncertain whether FDA will move forward with such approvals. In fact, last year the agency was criticized after it rejected an application for MDMA therapy to treat PTSD.
Meanwhile in Colorado, a bill that would have limited THC in marijuana and outlawed a variety of psilocybin products will no longer move forward this session following the lead sponsor’s move to withdraw the bill.
Maryland Governor signs marijuana bills to legalize home-made concentrates, set consumption lounge rules and shield conviction records
Dick Culbert provided the photo.
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