A thin blue booklet, heavier than a wet magazine and lighter than a Bible, began appearing in the mailboxes of Colorado voters in the last couple of weeks. The booklets, loaded with information about ballot issues for upcoming elections, will continue to be sent out to voters in the weeks leading up to Nov. 8, Election Day. The Colorado 2022 State Ballot Information Booklet contains information about what each ballot proposes, and what hoped-for-outcomes might be, plus usually an analysis of the issues. About a third way through the blue booklet is Proposition 122: Access to Natural Psychedelic Substances.

If approved, Prop 122 would provide state-approved and licensed healing centers and facilities that implement psychedelic mushrooms as part of mental health treatment. Much of Prop 122’s ballot language focuses on the regulatory framework of establishing a state-run mental health-focused psychedelic mushroom treatment program.

Proposition 122 also decriminalizes psychedelic mushrooms and related substances for personal use, storage, and growing and sharing for people over the age of 21. Below is a breakdown of what Proposition 122 proposes, the pros and cons, and a final suggestion for voters.

How We Got Here on Prop 122

Earlier this year, two groups focused on quite different reasons for pushing for decriminalizing psychedelic mushrooms and related substances and went through the process to earn a spot on the ballot. Natural Health Medicine Colorado was the first group to successfully acquire signatures to place Initiative 58, now known as Proposition 122, on the ballot. Natural Health Medicine Colorado was chiefly funded by New Approach PAC which has been extensively involved in legalizing and decriminalizing cannabis and psychedelic drugs and substances in other states.

A second group Decriminalize Nature Colorado failed to acquire enough signatures for their petition to become a ballot issue this election cycle. This group’s petition language focused on decriminalization for personal use and social “equity” in the context of helping marginalized and minority individuals and groups. Proposition 122, in contrast, has been criticized as providing an avenue for corporations to dominate the not-yet-formed psychedelic substances-based counseling industry.

Still, the efforts from Decriminalize Nature Colorado will be influential with voters, offering an idea of a future attempt at providing an alternative to Prop. 122 if it fails to pass.

What Proposition 122 Offers Voters

Proposition 122 directs the state government to bypass federal prohibitions on the possession, cultivation, and sale of certain psychedelic drugs and substances. Prop 122 allows people aged 21 and older the personal use of five types of natural psychedelic substances: two chemicals found in psychedelic mushrooms (psilocybin and psilocin) along with three plant-based psychedelic substances (ibogaine, mescaline, and dimethyltryptamine or DMT).

Prop 122 also directs the state to set up a regulatory framework to license state-approved facilities for mental treatments utilizing psychedelic mushrooms and related substances. Since federal law still prohibits the possession, cultivation, and sale of these mushrooms and related substances, Prop 122 seeks to work around federal prohibition through decriminalization with a mental health focus.

Proposition 122 Requires Enormous Regulatory and Bureaucratic Control

People familiar with cannabis legalization in Colorado will be quick to note excessive regulations and bureaucracy have harmed the medical cannabis industry in Colorado Springs. There’s little reason to believe this won’t happen with Prop 122.

Additionally, Prop 122 requires a task force to be part of the creation and implementation of a regulatory system. This is bound to become heavily politicized, either creating gigantic policy swings in opposing directions or political gridlock will result, caused by legal filings, rulings, and so on, further delaying the implementation of Prop 122’s directives.

Matthew Duffy, a co-founder of SPORE, the Society for Psychedelic Outreach Reform and Education, a Denver-based nonprofit, opposes Proposition 122. In a letter published in the Denver Post, Duffy wrote that Prop 122 provides only a “vague decriminalization” of psychedelic mushrooms and related substances “at the discretion of law enforcement.” This sounds like the War on Drugs, resumed.

Voters unhappy with Proposition 122’s heavy focus on the regulatory framework could choose to wait until the future when Decriminalize Nature Colorado or other groups attempt a different approach to decriminalization.

What To Do?

The idea of decriminalizing psychedelic mushrooms and related substances is likely to excite some voters into supporting Proposition 122. But voters should be aware the excessive regulatory focus of Proposition 122 will likely result in problems delaying the roll-out of a legalized psychedelic mushroom industry and decriminalization.

As with cannabis legalization, one may view Proposition 122 to further nail the coffin on the failed federal War on Drugs by directing the state to snub its nose at federal rules. But for those who want to decriminalize psychedelic mushrooms solely for mental health benefits, Prop 122 could be a slippery slope toward future prohibitions. Or Prop 122 could, as hoped, provide a framework offering an alternative to mental health practices and problems.

The Maverick Observer is an online free-thinking publication interested in the happenings in our region. We launched in February 2020 to hold our politicians and businesses accountable. We hope to educate, inform, entertain, and infuse you with a sense of community.