A Colorado Senate committee has advanced an amended version of a bill that would that would empower the governor to grant pardons to people who’ve been convicted of psychedelics-related offenses, while also revising implementation rules and data-tracking provisions for the state’s voter-passed psychedelics legalization law.
At a hearing Tuesday, the Senate Appropriations Committee adopted two amendments to the bill, SB25-297, before voting 5–2 to pass the measure. Next, it will be presented to the Senate Committee of the Whole.
SB25-297, if passed into law, 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.
The Colorado Department of Public Health and Environment, Department of Revenue and Department of Regulatory Agencies would be required to collect information and data on the use of herbal medicine and products.
This would include information on the law enforcement activity, adverse health effects, consumer protection claims, and behavioral impact of psychedelics.
The panel approved an amendment that removes the government’s funding for data tracking and collection. This change changes “ongoing” appropriations to “appropriations, gifts, grants or donations”.
Asked by the Senate committee chair whether there would be sufficient funding to cover the program, Sen. Matt Ball (D), a sponsor of the measure, replied that lawmakers already have a letter of intent from the Psychedelic Science Funders Collaborative—a nonprofit that supports advancing psychedelic therapy—to fund the program for the entirety of its five-year duration.
In a similar manner, the other amendment also addresses appropriations. It allocates a total of $208,240 to be given as grants, gifts and donations by the Governor’s Information Technology Office. This amendment reads: “In order to implement this Act, this office may utilize this appropriation in providing information technology for the Department of Health and the Environment.”
It would also amend licensing rules and the ownership of centers that offer psychedelic therapies. The legislation, for example, removes a fingerprint requirement for employees and owners of licensed centers, allowing them to only undergo name-based criminal checks.
The law also “requires that the state licensing authorities adopt rules related product labels and products for regulated herbal medicine, and allows the licensing authority of the state to adopt regulations regarding what types of natural medicine products can be produced.”
A wide range of groups, both those who support legalization and those that are psychedelic medicine advocates, have endorsed the proposal. The public commenters who spoke at an earlier hearing this month appeared to be in agreement that the data collection provisions of the bill would allow observers inside and outside Colorado to better understand what happens with regulated psychedelics.
Colorado has a leading role in the psychedelic movement. Joshua Kappel said, “Other states are closely watching us,” according to Joshua Kappel. Kappel was a founding partner of Vicente LLP law firm and one the drafting Prop. The letter was read by 122 who is a Colorado-based psychiatrist. “If we wish to demonstrate integrity and accountability, we have to prove that a well-regulated psychedelic prescription program is not only innovative, it can also be effective and accountable.”
The letter stated that “the data collected here will help shape national discussions, inform legislation and further guide scientific research, treatment protocol development, and most importantly, save lives.”
Rachel O’Bryan told legislators that the members of the One Chance to Grow Up group, the co-founder, and the director of their strategic projects, support this bill.
O’Bryan explained that “One Chance is convinced the best policy comes from evidence, not assumptions or opinions,” and this requires collecting data. 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 is a leader in the data collection for marijuana impacts,” she added, “and this bill would ensure that Colorado is a leader in the data collection for natural medicine impacts.”
Andrea Stojsavljevic is a policy coordinator for Children’s Hospital Colorado. She also encouraged lawmakers to back the bill.
Stojsavljevic stated that “these types of data can be crucially informative for future policymaking.” For example, if data indicate an increase in youth usage, product diversion or accidental consumption, we could return to legislators and assess new protections for children and youth.
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 had already approved a ballot measure that legalized the use of psilocybin for adults aged 21 or older. However, this newly passed reform will allow drugs synthesized with an isolated form of psilocybin crystals to be prescribed by physicians.
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.
The lawmakers are apparently interested in allowing a conventional distribution system for some psychedelics. 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.
The FDA has not yet decided whether it will approve such a therapy. Last year, the FDA was criticized for rejecting a request to permit MDMA-assisted treatment in people suffering from 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.
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