Colorado Proposition 122, concerning access to natural psychedelic substances, was approved by state voters in November 2022 by a margin of 53.64 percent in favor and 46.36 percent of voters opposed.
The state will begin accepting applications for licensed facilitators, licensed facilities and other related licenses on Dec. 31, County Attorney Todd Weaver explained during a work session held by the Archuleta County Board of County Commissioners (BoCC) on Tuesday, Nov. 26.
Weaver explained that the proposition created “two prongs” which address personal use of natural medicines along with licensed healing centers.
According to Weaver’s presentation, the Colorado Natural Medicine Health Act (CNMHA) defines natural medicine to include dimethyltryptamine, mescaline (but not peyote), ibogaine, psilocybin and psilocin.
Weaver mentioned that the CNMHA makes it legal to cultivate and possess natural medicines in personal quantities, but not to produce at a commercial scale or to sell for any type of payment.
He also explained that the CNMHA “creates a relatively narrow and tightly regulated therapeutic path for adults to legally purchase psilocybin products and consume them at a licensed healing center under the supervision of a licensed facilitator.”
Weaver’s presentation notes that the CNMHA broadly decriminalizes the cultivation, possession, consumption and sharing of natural medicine for personal use for adults 21 or older.
Under the CNMHA, personal use of natural medicines cannot be used as the sole basis for detention, search, arrest, probable cause of criminal activity or finding of child abuse or neglect, Weaver explained.
“That alone cannot be base for any of those things,” Weaver said, adding that driving while under the influence is illegal.
Weaver noted he is unsure of how law enforcement would test for that, while Commissioner Warren Brown commented that it is likely done through a blood test.
The CNMHA limits personal cultivation of natural medicines to a maximum of 24 square feet, Weaver noted.
He added that property owners are allowed to regulate and prohibit the cultivation or manufacturing of natural medicines.
Weaver went on to explain that there are four types of licensed healing centers permitted under the CNMHA, with one additional “catch-all” license available for anything the state hasn’t addressed yet.
According to Weaver’s presentation, those licenses include:
• Natural medicine healing center.
• Natural medicine cultivation facility.
• Natural medicine product manufacturer.
• Natural medicine testing facility.
• Any natural medicine business license determined necessary by the state licensing authority.
Weaver went on to explain local rules and regulations in regard to the CNMHA, highlighting that local governments cannot prohibit the establishment or operation of a licensed natural medicine service facility.
There are no local licenses or permits issued for healing centers, as all licensing is done at the state level, Weaver explained.
“So, you can’t ban it,” he said, also noting that local governments cannot prohibit the transportation of natural medicine through its jurisdiction.
However, Weaver explained that local governments can enact ordinances regulating time, place and manner of natural medicine service facilities.
Weaver mentioned that Arapahoe County has already drafted proposed regulations for the CNMHA that include a restriction that a healing center cannot be within 1,000 feet of a child care center or school.
Another proposed regulation is that a healing center cannot be a home occupation, with the exception that a facilitator can provide services in compliance with state regulations.
“I’m not sure about that,” Commissioner Ronnie Maez said.
“Me either,” added Brown.
“For personal use, I don’t care, but for making money on it, no,” Maez said. “I don’t have a problem with it; it’s a natural medicine. God created everything in this world and human beings and people tend to abuse it, but He’s also warned us about that.”
With the approval of Proposition 122, Colorado joins Oregon as the second state in the country to decriminalize certain psychedelic substances.
Marijuana ordinance update
“From mushrooms to marijuana,” Weaver noted as he began another presentation to the BoCC during the same work session, providing an update on the reviews and suggestions for the county’s marijuana ordinance being put forward by the Marijuana Ordinance Update Citizens Advisory Task Force.
Weaver explained that the group has gone through the entire ordinance and has a number of suggested changes that align with the state’s current laws, regulations and licenses.
Weaver stated that a final version of the proposed changes to the county’s marijuana ordinance will likely be presented to the BoCC in February 2025.
Since the county approved its marijuana ordinance in 2015, many changes have occurred at the state level allowing for multiple different types of marijuana licenses being made available, Weaver explained.
He noted that the county currently allows for three types, which are retail marijuana store licenses, retail cultivation licenses and a retail marijuana products manufacturer license.
“That’s all we allow for at this point in time,” he said, noting that the state is moving more toward the recreational side of licensing instead of the medical side.
There are no medical marijuana stores in Archuleta County or the Town of Pagosa Springs, Weaver noted.
He explained that the task force is recommending eight new types of licenses to be available within the county.
According to Weaver’s presentation, those include:
• Marijuana testing facility.
• Marijuana transporter.
• Marijuana business operator.
• Marijuana research and development facility.
• Marijuana hospitality business.
• Marijuana hospitality and sales business.
• Marijuana hospitality and sales business — spa businesses.
• Accelerator cultivator, manufacturer and store.
Weaver noted that the task force is not recommending adding marijuana delivery licenses.
“So, no marijuana DoorDash,” he said, mentioning that local law enforcement expressed concerns and that the task force felt it does not fit into the culture of Archuleta County.
Brown asked about the testing facility license, mentioning that the local cultivators currently likely have to send their product to the Front Range for that service.
“And that’s pretty costly,” Brown said, with Maez adding that is revenue going outside of the county.
Weaver also talked about the marijuana hospitality business license, explaining that it would be a “bring your own weed” scenario where patrons would be allowed to possess and consume marijuana at a business that does not sell marijuana.
He added that the business could sell food, but not alcohol.
The marijuana hospitality and sales license would allow for a business to sell marijuana products and have a separate designated area for consumption, Weaver explained, adding that there is a stipulation that would require a certain amount of the product to be consumed on-site before leaving.
He noted that 50 percent of the product purchased at the hospitality and sales business would have to be consumed before leaving, but mentioned that he is not certain that it is 50 percent.
Commissioner Veronica Medina asked about the liability in the case of someone visiting a hospitality and sales business, consuming a portion of the product and then getting in a car to drive.
Maez commented that it is the same situation as a bar serving alcohol.
“Who doesn’t consume 100 percent of what they buy at a bar? I mean, shoot, I’m not gonna leave a beer half full,” Maez said.
Weaver mentioned that the limits are “low” as to how much product can be purchased and consumed on-site.
“I see the business side of it,” Maez said. “I’m all about free enterprise.”
Weaver also spoke about the accelerator license, explaining that it is a “creative way to help people who don’t have the capital to dive full in to try their hand.”
Maez asked about if the task force is suggesting adding any new licenses.
According to Weaver’s presentation, the current ordinance allows for no more than five retail optional premise cultivation licenses.
“I’m not always in favor of allowing a monopoly,” Maez said as he spoke about the Community Marijuana Offset Impact Fund that the county uses to award scholarships to local students and local organizations providing programs that provide an alternative to marijuana use, noting that more licenses could generate more revenue for the county.
Maez explained that this is a business decision and that “its social and moral issues that shouldn’t be an issue.”
clayton@pagosasun.com
