In Colorado, the regulatory landscape surrounding psychedelics has undergone significant changes, particularly following the passage of Proposition 122, which established a framework for legal access to certain psychedelic substances. This legislation, along with local initiatives, has contributed to a progressive shift in how psychedelics are viewed and managed under state law.

• State Scheduling of Psychedelics – Colorado adheres to federal classifications for controlled substances, which list most psychedelics under Schedule I. This classification denotes substances with a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for their use under medical supervision. However, recent state measures, like Proposition 122, indicate a shift towards more permissive uses, specifically for substances like psilocybin and psilocin.
• Ketamine Laws and Telehealth – Ketamine, used both medically and increasingly in psychiatric treatment, is legally prescribed in Colorado, including through telehealth services. State regulations allow for the prescription of controlled substances via telehealth, provided that a proper patient-provider relationship is established. This can be done virtually if it adheres to the standard of care equivalent to in-person consultations.
• State Right to Try – Colorado’s “Right to Try” law permits terminally ill patients to access investigational drugs that have completed Phase 1 of the FDA approval process but are not yet fully approved. This law potentially opens pathways for access to psychedelic substances under investigation for their therapeutic benefits.
• State Religious Exemptions – While Colorado does not have specific statutes providing religious exemptions for the use of psychedelics, local decriminalization efforts reflect a growing tolerance towards the use of these substances in contexts that may include religious practices.
• Proposition 122 and Its Implications – Passed in November 2022, Proposition 122 has been a landmark in U.S. drug policy, particularly in Colorado. It legalized the regulated use of natural psychedelics in a therapeutic setting and established a system to create state-sanctioned “healing centers” where individuals over the age of 21 could access such substances. The measure also decriminalized personal possession and use of psilocybin and psilocin and set a timeline for including other substances such as dimethyltryptamine, ibogaine, and mescaline (excluding peyote) by June 2026. This proposition requires the Department of Regulatory Agencies to establish qualifications, education, and training requirements for facilitators by January 1, 2024, and to adopt rules necessary to implement the regulated access program by September 30, 2024. These developments suggest that the regulatory framework will continue to evolve, significantly impacting how psychedelic therapies are accessed and administered in Colorado.

Colorado’s progressive stance on psychedelics could pave the way for new therapeutic practices and a broader acceptance of these substances in medical and possibly religious contexts. Future legislative developments and the successful implementation of Proposition 122’s guidelines will be critical in shaping the ongoing discourse around psychedelic substances in Colorado.

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