Last November, Colorado voters passed Proposition 122, a law that decriminalizes the personal use, possession, growth, and transport of certain psychedelic plants and fungi. This was a significant victory for advocates of natural medicine, who have long argued that these substances have potential therapeutic benefits. However, by April, the law had been almost entirely rewritten by Colorado Senate President Steve Fenberg, to the surprise of Ashley Ryan, a Denver-based somatic psychedelic coach.
Fenberg introduced the Natural Medicine Health Act of 2022, also known as SB23-290, as the new regulatory framework for Proposition 122. This legislation was a near-complete rewrite of Proposition 122, leaving activists and stakeholders, including Ryan, stunned.
“SB23-290 violates the spirit of Prop 122 and harms marginalized people who need alternative healing options,” she said. Ryan also said felt the changes to Prop 122 were “based on the assumption that natural medicine users are potential victims or criminals who need to be protected or punished by the government.”
She also referred to a video of Colorado Rep. Ron Weinberg, a Republican, who testified before the legislature and said of SB23-290, “It was not in the original intent of what voters knew” when they passed Proposition 122. Weinberg went on to say the new legislation “is only going to create incidents” and problems that did not exist before Proposition 122 was passed.
Ryan recently appeared on the television show Dr. Phil and shared her experiences as a coach and educator about the benefits of psychedelic mushrooms, including her own personal experiences with micro-dosing. As a result of SB23-290, Ryan, a long-time Democrat, found herself increasingly at odds with Fenberg and the state Democrat Party.
Differences Between SB23-290 and Proposition 122
While both SB23-290 and Proposition 122 address the regulation of natural medicines, they differ significantly in their scope and implementation. SB23-290 does not allow for the use of psychedelics for therapeutic purposes, while Proposition 122 did. This is a major difference, as there is growing evidence that psychedelics can be effective treatments for a variety of mental health conditions.
SB23-290 establishes a comprehensive regulatory framework for natural medicine and its products, creating a Natural Medicine Advisory Board and a Division of Natural Medicine. It also sets out regulations for individuals and businesses involved in the cultivation, manufacturing, and distribution of natural medicine, and provides a process for the sealing of conviction records related to natural medicine offenses.
Proposition 122, officially known as the “Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative,” decriminalizes the personal use, possession, growth, and transport of certain psychedelic plants and fungi. It also creates a Regulated Natural Medicine Access Program for licensed healing centers to administer these substances.
Notably, Proposition 122 did not mention retail sales of these natural health medicines and related substances, an important point of divergence from SB23-290 for Ryan.
Bait and Switch?
The drastic alteration of a voter-approved law by a single legislator has led to accusations of a “bait and switch” tactic. Ryan shares this view and is deeply concerned about the potentially harmful impacts of SB23-290. She believes SB23-290 “seems to target unregulated practice by imposing strict requirements and penalties on anyone who provides” substances decriminalized under Proposition 122 without a license.
SB23-290 will require those same people, including Ryan, to pay $3,500 for a license to provide natural medicine treatment. Ryan says the regulatory framework under SB23-290 will result in expensive fees for consumers. She estimates that a single microdose treatment will cost $500, and a month’s worth of micro-dosing or low-dose treatment may cost up to $6,000.
Ryan and other stakeholders argued that the high costs of licensing and treatment under SB23-290 could make it difficult for people who need access to psychedelic treatments to afford them. This is a particular concern for marginalized and lower-income individuals, who are already disproportionately affected by mental health problems.
They also fear that the high costs of licensing and treatment under SB23-290 could push these healing practices back into the shadows, undermining progress made toward mainstream acceptance of these alternative therapies.
The Future of Natural Medicine in Colorado
The controversy surrounding SB23-290 and Proposition 122 raises questions about the future of natural medicine in Colorado. However, there is growing evidence that psychedelics can be effective treatments for a variety of mental health conditions. This suggests that the regulation of natural medicine in Colorado could be an opportunity to improve access to these treatments for people who need them.
Ryan expressed her disappointment, saying, “It breaks my heart that I only have through June to teach my own standards-based personal use curriculum I’ve spent the last 6 months developing.” She also added that SB23-290, which prohibits marketing and advertising, will make it difficult for her and other treatment counselors and advocates to educate the public about the benefits of psychedelic treatments.
Ryan says she left the state Democrat Party and joined the Republican Party over SB23-290. “Only Republicans would talk to us,” during hearings discussing the language of SB23-290. “They actually listened and were supportive.”
Near the end of this year’s legislative session, Governor Jard Polis signed SB23-290 into law.
