Colorado Proposition 122, Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative (2022)

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Colorado Proposition 122
Flag of Colorado.png
Election date
November 8, 2022
Topic
Drug crime policy
Status
Approveda Approved
Type
State statute		Origin
Citizens

Colorado Proposition 122, the Decriminalization, Regulated Distribution, and Therapy Program for Certain Hallucinogenic Plants and Fungi Initiative, was on the ballot in Colorado as an initiated state statute on November 8, 2022. The measure was approved.

A "yes" vote supported the following:

  • defining certain psychedelic plants and fungi as natural medicine, including dimethyltryptamine (DMT); ibogaine; mescaline (excluding peyote); psilocybin; and psilocyn;
  • decriminalizing the personal use, possession, growth, and transport of natural medicines for persons 21 years old and older; and
  • creating the Regulated Natural Medicine Access Program for licensed healing centers to administer natural medicine services.

A "no" vote opposed decriminalizing the personal use and possession of certain psychedelic plants and fungi defined as natural medicine and creating the Regulated Natural Medicine Access Program.


Election results

Colorado Proposition 122

Result Votes Percentage

Approved Yes

1,296,992 53.64%
No 1,121,124 46.36%
Results are officially certified.
Source


Overview

What did Proposition 122 do?

See also: Text of measure

Proposition 122 decriminalized the personal use and possession (for adults age 21 and older) of the following hallucinogenic/entheogenic plants and fungi, which were classified as Schedule I controlled substances under state law going into the election:[1]

  • dimethyltryptamine (DMT);
  • ibogaine;
  • mescaline (excluding peyote);
  • psilocybin; and
  • psilocyn.

Anyone who completed a sentence following a conviction related to the personal use or possession of such psychedelic plants and fungi were set to be able to file a petition asking a court to seal the record of the conviction.

Proposition 122 was also designed to:

  • create a natural medicine services program for the supervised administration of such substances;
  • create a framework for regulating the growth, distribution, and sale of such substances to permitted entities; and
  • create the Natural Medicine Advisory Board to promulgate rules and implement the regulated access program.[2]

The measure did not provide for retail sales of such psychedelic plants and fungi.[1]

Where was psilocybin decriminalized?

See also: Decriminalization of psilocybin in the United States

With the approval of Measure 109 in 2020, Oregon became the first state to legalize psilocybin. With the approval of Measure 110, Oregon became the first state to decriminalize all drugs.

As of June 2022, 15 local jurisdictions had decriminalized psilocybin possession or, more frequently, deprioritized policing, prosecution, and arrest for possession of psilocybin. Three jurisdictions did so through the citizen initiative process, and 11 did so through local government resolutions. The approval of Initiated Ordinance 301 in 2019 made the adult possession and use of psilocybin mushrooms the lowest law enforcement priority in Denver and prohibited the city and county of Denver from spending resources on enforcing related penalties.[3]

Who was behind the campaigns surrounding Proposition 122?

See also: Support, Opposition, Media editorials, and Campaign finance

Natural Medicine Colorado and Citizens for Natural Medicine registered as issue committees to support the initiative. The committees reported $5.8 million in contributions, with $4.6 million coming from New Approach PAC. Natural Medicine Colorado said, "Natural psychedelic medicines are non-addictive and can have profound benefits for people struggling with challenging mental health conditions including depression and anxiety and those struggling to find peace at the end of their lives. Johns Hopkins, UCLA, NYU and other leading research universities have studied psychedelic therapies, and the FDA has granted one natural medicine, psilocybin, 'breakthrough treatment' status for its success with treatment resistant depression, meaning psilocybin has succeeded where other methods have failed."[4]

Protect Colorado's Kids registered to oppose the initiative. The committee reported $50,936 in contributions. Protect Colorado's Kids said, "We don’t need more drugs sold in our communities, with easier access for our children. The psychedelics industry is backed by Big Pharma and the usual cast of addiction-for-profit characters harming our communities. Psychedelics have a strong connection to mental health harms, further victimizing users in a time of a national mental health crisis. Leading scientific authorities like the American Psychiatric Association think this is not the time to experiment so openly with these drugs."[4][5]

Reactions

The following is a list of reactions from supporters, opponents, and other commentators regarding the approval of the measure:

  • Natural Medicine Colorado said, "This is a truly historic moment. Colorado voters saw the benefit of regulated access to natural medicines, including psilocybin, so people with PTSD, terminal illness, depression, anxiety and other mental health issues can heal. We look forward to working with the regulatory and medical experts and other stakeholders to implement this new law."[6]
  • Luke Niforatos, chairman of Protect Colorado’s Kids, said, "This opens a very large national conversation about the role of the FDA in determining medicines in this country. Because now, for the second time in a row, we’ve had states put medicine to a ballot vote and circumvent science and the FDA. Are we going to dispense with the FDA — the only institution in charge of protecting patient health and safety — and just say that we’re OK with statewide, nationwide experiments on whatever startup comes up with for a drug?"[7]
  • Kevin Sabet of the Foundation for Drug Policy Solutions said, "There is some promising research being done around the country. That takes some time, so we need to do a lot more research on it. And I don't think we should be rushing through it with a ballot initiative. My other concern is that you have another for-profit industry whose business it is to increase intoxication and sale so that they can please shareholders rather than protect the public health."[8]
  • Veronica Lightening Horse Perez, a Denver-based psychedelic therapist, said, "The reason for all of this is to allow people to have access to these medicines so that they can have a choice and how they're treating their mental health. It's very easy to get lost in a rulemaking process and forget, as has been done throughout history, about indigenous people in their contribution. she says. “We can create a model in which it is recognized, in which we are asking for indigenous reciprocity, remembering that there is a sacred and cultural use and that this population did keep it sacred."[9]

Measure design

Click on the sections below to read more about each provision of the ballot measure.

Possession and personal use decriminalization: Under the measure, the personal use, possession, growth, and transport of natural medicines was decriminalized. The initiative defined certain psychedelic plants and fungi as natural medicine, including dimethyltryptamine (DMT); ibogaine; mescaline (excluding peyote); psilocybin; and psilocyn.

The initiative decriminalized the personal use, growth, purchase, possession, and transport (for adults age 21 and older) of the following psychedelic plants and fungi, which were classified as Schedule I controlled substances under state law going into the election:[1]

  • dimethyltryptamine (DMT);
  • ibogaine;
  • mescaline (excluding peyote);
  • psilocybin; and
  • psilocyn.

Anyone who completed a sentence following a conviction related to the personal use or possession of such psychedelic plants and fungi were set to be able to file a petition asking a court to seal the record of the conviction. If there is no objection from the district attorney, the record was set to be automatically sealed with no cost to the individual. If the district attorney objects, a hearing was set to be held to determine whether or not the record could be sealed.

Under the initiative, an individual under the age of 21 could be convicted for the personal use, possession, and transport of natural medicines and may be subject to a drug petty offense punishable by no more than four hours of no-cost drug education or counseling.

Regulated Natural Medicine Access Program: The initiative was designed to create the Regulated Natural Medicine Access Program under the Colorado Department of Regulatory Agencies (DORA). It was designed to create the Natural Medicine Advisory Board to advise the Department on implementing the program in accordance with specified rules and timelines. Under the program, individuals 21 years old and older could receive natural medicine services provided by a licensed healing center under the supervision of a facilitator. The natural medicine services were designed to include a preparation session, administration session, and integration session.

Timeline and general rules

Licensed centers were set to be limited to administering psilocybin and psilocyn until June 2026. Beginning June 1, 2026, the Natural Medicine Advisory Board was set to be able to allow the use of DMT, ibogaine, and mescaline. The timeline for the Colorado Department of Regulatory Agencies (DORA) to implement the natural medicine services program was set to be as follows:[1]

  • January 1, 2024: the department must adopt rules and establish requirements for facilitators to provide natural medicine services;
  • September 30, 2024: the department must adopt rules to implement the natural medicine access program and begin accepting license applications, which must be decided within 60 days after they are received;
  • until June 1, 2026: psilocybin and psilocyn may be the only substance used in the program;
  • after June 1, 2026: the Natural Medicine Advisory Board can add other substances to the definition of natural medicine and use them in the program, including:
    • dimethyltryptamine (DMT);
    • ibogaine; and
    • mescaline (excluding peyote).

The Department of Regulatory Agencies was set to be required to establish policies and programs to promote natural medicine services for "communities that have been disproportionately harmed by high rates of controlled substances arrests; to persons who face barriers to access to health care; to persons who have a traditional or indigenous history with natural medicines; or to persons who are veterans" by offering reduced facilitator licensing fees and reduced natural medicine service fees for low-income individuals.[1]

The Department was set to be responsible for setting fees for applications and licensing that cover but do not exceed the amount necessary to administer the program. Money received was set to be kept in the newly created Regulated Natural Medicine Access Program Fund. The Office of State Planning and Budgeting was set to determine an amount to be appropriated from the state general fund to the Regulated Natural Medicine Access Program Fund for the initial costs of establishing the program. Funds were set to be repaid to the general fund from the initial proceeds generated by fees.[1]

Local governments could not ban or prohibit natural medicine services, but was designed to be allowed to regulate the time, place, and manner of healing center operations within its jurisdiction. Local governments could not place restrictions on transporting natural medicines through its jurisdiction.[1]

Rules for the natural medicine services program

The Department was required to establish rules concerning the natural medicine services program, including:[1]

  • preparation, administration, and integration sessions;
  • educational materials and health and safety warnings;
  • forms to be completed by participants and providers;
  • supervision during the administration and transportation for the participant after the session;
  • provisions for group administration sessions;
  • separate regulations for different natural medicines based on their specific qualities, traditional uses, and safety;
  • provisions allowing a treatment center to refuse to provide services;
  • requirements and standards for testing the products used; and
  • standards for advertising and marketing natural medicine and services.

Rules for facilitators

The Department was set to be required to establish rules concerning the licensing and practices of facilitators, including the qualifications, education, training, oversight, and recordkeeping requirements for facilitators as well as:[1]

  • allowing varied levels of education and training depending on the services the facilitator will provide;
  • requiring facilitators to receive training on safety, mental health, mental states, physical health and physical states, social and cultural considerations, environment, preparation, integration, and ethics;
  • allowing for limited education and training waivers based on a facilitators' past experience;
  • prohibiting unreasonable logistical or financial barriers for acquiring a facilitator license;
  • prohibiting the requirement of a professional license or degree beyond the facilitator license; and
  • allowing compensation for natural medicine services.

Rules for healing centers

The Department was set to be required to establish requirements for the operation of healing centers including:[1]

  • licensing;
  • recordkeeping;
  • security;
  • financial relationships between healing centers, facilitators, and other establishments;
  • payments received by healing centers;
  • policies to ensure statewide access to healing centers;
  • prohibiting an individual from having a financial interest in more than five healing centers; and
  • allowing natural medicine services to be provided by facilitators at locations other than healing centers such as private residences or healthcare facilities.

Natural Medicine Advisory Board: The initiative created the Natural Medicine Advisory Board within the Colorado Department of Regulatory Agencies to advise the department on implementing the natural medicine access program.

The board was designed to have 15 members appointed by the governor with the consent of the Colorado State Senate. Members need to be appointed to the board by January 31, 2023. Of the 15 members in the initial board, seven were set to serve a two-year term and eight were set to serve a four-year term. Following the initial board, members were set to be appointed to four-year terms and could serve up to two consecutive terms.[1]

The members need to have the following "significant expertise and experience" in one or more of the following areas:[1]

  • at least seven members with expertise and experience in natural medicine therapy, medicine, and research, mycology and cultivation, emergency medical services, mental and behavior health providers, health insurance and healthcare policy, public health, drug policy, and harm reduction; and
  • at least eight members with expertise and experience in religious uses of natural medicines, veterans' issues, disparities in healthcare access among different communities, "past criminal justice reform efforts" in Colorado, including one member with expertise and experience in traditional indigenous uses of natural medicines.

By September 30, 2023, and each year after, the board was set to be required to make recommendations to the department concerning:[1]

  • public health, educational campaigns, product safety, cultural responsibility, and risk reduction for natural medicine;
  • requirements and qualifications for natural medicine services facilitators;
  • "affordable, equitable, ethical, and culturally responsible access" to natural medicine;
  • regulations for each natural medicine;
  • adding other natural medicines to the natural medicine access program based on research on the safety and efficacy of each natural medicine;
  • recommend to the state legislature and other state agencies whether natural medicine services should be covered under insurance programs for mental health conditions including end of life anxiety, substance abuse disorder, alcoholism, depressive disorders, neurological disorders, cluster headaches, and post traumatic stress disorder.

The section establishing the Natural Medicine Advisory Board was set to be repealed on December 31, 2033.


Text of measure

Ballot title

The ballot title for the initiative was as follows:[1]

“

Shall there be a change to the Colorado Revised Statutes concerning legal regulated access to natural medicine for persons 21 years of age or older, and, in connection therewith, defining natural medicine as certain plants or fungi that affect a person’s mental health and are controlled substances under state law; establishing a natural medicine regulated access program for supervised care, and requiring the department of regulatory agencies to implement the program and comprehensively regulate natural medicine to protect public health and safety; creating an advisory board to advise the department as to the implementation of the program; granting a local government limited authority to regulate the time, place, and manner of providing natural medicine services; allowing limited personal possession, use, and uncompensated sharing of natural medicine; providing specified protections under state law, including criminal and civil immunity, for authorized providers and users of natural medicine; and, in limited circumstances, allowing the retroactive removal and reduction of criminal penalties related to the possession, use, and sale of natural medicine?[10]

”

Full text

The full text of the measure can be read below. The initiative was designed to add a new article, Article 170, to Title 12 of the Colorado Revised Statutes.[1]

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 19, and the FRE is 4. The word count for the ballot title is 167.


Support

Yeson122.png

Natural Medicine Colorado, also known as Yes on 122, led the support campaign. Proponents refered to the measure as the Natural Medicine Health Act of 2022.[11]

Supporters

Organizations


Arguments

  • Ben Unger, New Approach PAC psychedelic program director: "Our goal is to make the healing benefits of these natural medicines available to people they can help, including veterans with PTSD, survivors of domestic or sexual abuse, people with treatment-resistant depression, and others for whom our typical mental-health treatments just aren’t working."
  • Kevin Matthews, representative for Natural Medicine Colorado: "This initiative would give Coloradans access to a new, promising, and research-based treatment option for PTSD, depression, anxiety, and other mental health challenges, in a safe, careful, and beneficial way. These medicines can be transformative for people who have suffered for years and struggled to find help."
  • Josh Kappel, chair of Natural Medicine Colorado: "The Natural Medicine Health Act puts the well-being of patients and communities first. It was purposefully designed, with a multi-phase implementation process that sets clear safety rules, while allowing the details of the regulatory structure to be developed by the community and regulators working together."
  • Natural Medicine Colorado: "The Natural Medicine Health Act creates regulated access to natural psychedelic medicines, giving Coloradans who are struggling with challenging mental health issues the opportunity to heal. The measure also removes criminal penalties for the personal use of natural medicines and creates a path for Coloradans to seal criminal records related to natural medicines. No person should be criminalized for trying to heal. ... Natural psychedelic medicines are non-addictive and can have profound benefits for people struggling with challenging mental health conditions including depression and anxiety and those struggling to find peace at the end of their lives. Johns Hopkins, UCLA, NYU and other leading research universities have studied psychedelic therapies, and the FDA has granted one natural medicine, psilocybin, 'breakthrough treatment' status for its success with treatment resistant depression, meaning psilocybin has succeeded where other methods have failed."


Official arguments

The following is the argument in support of the measure found in the Colorado Blue Book:[12]

  • Colorado Blue Book Official Arguments: '1) The measure provides a potentially valuable tool for meeting the mental health needs of Coloradans. Studies have shown that psychedelic mushrooms and other plant-based psychedelic substances, combined with counseling, may provide effective treatment for severe depression, anxiety, and post-traumatic stress disorder. The FDA has specifically found psychedelic mushrooms may offer substantial improvement in treating depression more successfully than existing therapies. Increasing access to psychedelic mushrooms and other plant-based psychedelic substances may help people who are struggling to find effective mental health treatment. 2) Putting people in the criminal justice system for using naturally occurring substances that have potential mental health benefits does not benefit society and costs taxpayers money. Possession and use of these substances are nonviolent offenses that do not pose a public safety risk. Studies have shown that psychedelic mushrooms are not addictive and that long-term adverse health impacts are rare, unlike tobacco use, which is legal. Individuals who are aged 21 or older should be allowed to access these naturally occurring substances without fear of criminal penalties."

Opposition

Protectingcokids122oppose.png

Protect Colorado's Kids led the campaign in opposition to this initiative.[13]

Opponents

Individuals

  • Luke Niforatos - executive vice president of Smart Approaches to Marijuana


Arguments

  • Protecting Colorado's Kids: "Colorado is high enough. We don’t need more drugs sold in our communities, with easier access for our children. The psychedelics industry is backed by Big Pharma and the usual cast of addiction-for-profit characters harming our communities. Psychedelics have a strong connection to mental health harms, further victimizing users in a time of a national mental health crisis. Leading scientific authorities like the American Psychiatric Association think this is not the time to experiment so openly with these drugs."
  • Luke Niforatos, executive vice president of Smart Approaches to Marijuana: "We should not replay the public health harms that surrounded the rush to legalize marijuana. Instead, we should learn from history and wait for researchers to learn more about potential harms and benefits. ... The costs of getting this wrong are too steep for us to proceed without understanding all the potential side effects. Until we know more, we should reject the legalization of psychedelics — it will be another 'bad trip' for Colorado."
  • Matthew Duffy, co-founder of Denver-based nonprofit Society for Psychedelic Outreach Reform and Education: 'While this may sound like a good thing to people who want to see increased access to psychedelics, this initiative is designed for corporate control, largely restricting access to corporate-owned healing centers. ... Frankly, the NMHA is not a step in the right direction. It is a leap in the wrong direction. The NMHA is a corporate power grab, setting a corrupt foundation for the future of medicine stewardship in Colorado."
  • Native Coalition Against Prop 122: "[Proposition 122] stands to threaten, exploit and commercialize Indigenous peoples and spiritual traditions. It ignores critical issues pertaining to stewardship, conservation, intellectual property and fair-trade practices. This bill misleads and falsely informs the public. The bill is opposed due to the rampant neglect, abuse and harm that has already occurred within psychedelic research. Further, it is opposed because the bill’s co-authors have positioned themselves to profit from the legalizing and medicalizing of natural medicines to the exclusion of the greater community. It lacks inclusion of disproportionately impacted communities. The passing of Proposition 122 positions these natural medicines for extractivism, some of which are not Indigenous to Colorado, by those with limited understanding and knowledge of the medicines and their applications, which will ultimately create further inequities, criminalizing and desecration of the sacred."


Official arguments

The following is the argument in opposition to the measure found in the Colorado Blue Book:[14]

  • Colorado Blue Book Official Arguments: "1) There are currently no approved therapies that use psychedelic mushrooms or other plant-based psychedelic substances, and the effects of them can vary widely from person to person, depending on the dose, frequency of use, and type of substance. Breakthrough Therapy designation does not mean that the use of psychedelic mushrooms is safe or recommended. Further, DMT, ibogaine, and mescaline have not received a similar designation, and, specifically, ibogaine may cause life-threatening heart conditions. Proposing a regulatory framework for the use of these substances suggests that they offer legitimate treatment before they have received federal approval, potentially putting people’s health and public safety at risk. 2) Under the guise of health care, Proposition 122 legalizes drugs that have been illegal for over 50 years and forces local communities to allow use of these substances. It also provides broad protections for criminals by allowing convictions to be wiped from their records. By decriminalizing personal use, the black market for these drugs may expand and provide access to youth or expose people to psychedelic substances that are tainted with other drugs. This may create additional burdens on local governments which, under the measure, have limited say on what is allowed in their communities."

Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

  • The Durango Herald Editorial Board: "The legalization of psilocybin is different from the legalization of cannabis. There would be no dispensaries, no retail. Youth wouldn’t get into parents’ stash because they would be no stash. Again, psilocybin users would ingest the drug in a licensed facility. It would not be prescribed and taken outside of a controlled space to share or sell, like opioids.Critics say the fentynal crisis is bad enough. But fentanyl, a devastatingly deadly synthetic opioid, is worlds away from psilocybin. Psilocybin offers another tool for opioid addicts to get clean. If we want to remove the stigmas of mental health and help those who need it most, passing [Proposition 122] is a compassionate choice. Maybe those mushrooms do hold some magic."


Opposition

  • Colorado Springs Gazette Editorial Board: "Colorado law enforcement, educators, parents and health professionals are dealing with the soaring opioid overdose crisis and a multitude of other crime problems. Meanwhile, out-of-state corporate profiteers want voters to legalize the hallucinogenic drugs psilocybin and psilocin. ... Great. That’s what we don’t need in a state struggling with rising and disproportionate rates of suicide, overdoses, homelessness and routine exhibitions of ill people on street corners openly hallucinating and talking to the sky. Sure, bring on another for-profit drug so corporations can profit from human suffering and dysfunction. Let’s go become Dolts Gulch and get more people high — to improve their mental health, of course."
  • Denver Post Editorial Board: "However, we are not naïve, and while the intent of legalizing possession and cultivation is for medical treatment, we fear a robust market for recreational use would thrive. Increased legal tolerance will increase demand which will increase the temptation for profiteering. And if there is one thing we know about drug use, it’s that our teens and young adults will be most tempted to use it and they will be targeted by sellers. Psilocybin is not addictive, but it is known to rarely cause psychosis (a break with reality that is usually temporary but sometimes permanent) and hallucinogen persisting perception disorder, where people re-experience hallucinations they had while taking the drug even while not intoxicated."
  • Denver Gazette and Colorado Springs Gazette Editorial Boards: "It would legalize mushrooms containing psilocybin and psilocin and other hallucinogenic drugs used mainly for recreation. Ignore the smokescreen about psychedelics’ use in therapy; Prop. 122 means more impaired motorists and minors."


Campaign finance

See also: Campaign finance requirements for Colorado ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through December 8, 2022.


Natural Medicine Colorado and Citizens for Natural Medicine registered as issue committees to support the initiative. The committees reported $5.8 million in contributions, with $4.6 million coming from New Approach PAC. The committees reported $5.8 million in expenditures.[4]

Protect Colorado's Kids registered to oppose the initiative. The committee reported $50,936 in contributions and $50,936 in expenditures.[4]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $4,576,230.00 $14,256.00 $4,590,486.00 $4,498,764.95 $4,513,020.95
Oppose $0.00 $50,936.00 $50,936.00 $0.00 $50,936.00

Support

The following table includes contribution and expenditure totals for the committee in support of Proposition 122.[4]

Committees in support of Proposition 122
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Natural Medicine Colorado $4,558,230.00 $14,256.00 $4,572,486.00 $4,480,764.95 $4,495,020.95
Citizens for Natural Medicine $18,000.00 $0.00 $18,000.00 $18,000.00 $18,000.00
Total $4,576,230.00 $14,256.00 $4,590,486.00 $4,498,764.95 $4,513,020.95

Donors

The following donors provided 99.23% of the funds received by the support committee:[4]

Donor Cash Contributions In-Kind Contributions Total Contributions
New Approach $4,590,000.00 $14,256.00 $4,604,256.00
Center for Voter Information $1,239,700.00 $0.00 $1,239,700.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to Proposition 122.[4]

Committees in opposition to Proposition 122
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Protect Colorado's Kids $0.00 $50,936.00 $50,936.00 $0.00 $50,936.00
Total $0.00 $50,936.00 $50,936.00 $0.00 $50,936.00

Donors

One donor gave 100% of the contributions to the opposition committee:

Donor Cash Contributions In-Kind Contributions Total Contributions
Protect Our Kids $0.00 $50,936.00 $50,936.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2022 ballot measure polls
Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Colorado Proposition 122, Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative (2022)
Poll
Dates
Sample size
Margin of error
Support
Oppose
Undecided
FOX31, Channel 2, Emerson College Polling and The Hill 9/18/2022-09/19/2022 1,000 LV ± 3% 36.2% 40.9% 22.8%
Question: "If the election were held today, would you support or oppose Proposition 122, which would decriminalize and regulate distribution for psychedelic plants and fungi such as DMT and psilocybin ("magic mushrooms")?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

FDA research on medical use of psilocybin

The Food and Drug Administration allowed for research on psychedelic agents in 1992. Clinical research has explored potential treatment effects of psilocybin on conditions such as depression, anxiety disorders, suicidality, obsessive-compulsive disorder, and addiction. The authors of the meta-analysis concluded that "it appears psilocybin may have some efficacy as an alternative agent to manage mental health conditions." They also stated that "there are multiple limitations to these studies. Many of them are small and are not able to be applied to larger populations. Additionally, because of the CSA Schedule I nature of psilocybin, it was administered under very controlled conditions."[15]

In 2019, the FDA designated psilocybin therapy as breakthrough therapy for two clinical trials being facilitated by Compass Pathways and Usona Institute studying the effects of psilocybin on severe depression and major depressive disorder. The FDA defines the designation, breakthrough therapy, as "a process designed to expedite the development and review of drugs that are intended to treat a serious condition and preliminary clinical evidence indicates that the drug may demonstrate substantial improvement over available therapy on a clinically significant endpoint(s)."[16][17]

DEA classification and stated effects of psilocybin

See also: Healthcare policy in the United States

As of 2022, psilocybin was classified as a Schedule I drug by the U.S. Drug Enforcement Administration (DEA). According to the DEA, Schedule I drugs are not approved for medical use and have a high potential for abuse and dependence. The DEA's website listed the following as effects caused by psilocybin use:[18]

“
  • Hallucinations
  • Large amounts can cause panic attacks and psychosis
  • Nausea and vomiting
  • Muscle weakness, lack of coordination
  • Overdose may result in psychosis or death[10]
 ”
—Drug Enforcement Administration

Colorado status of psilocybin and right-to-try laws

See also: Right-to-try laws

Leading up to the election, the use and possession of psilocybin was illegal and penalized in Colorado, except in certain cases allowed under the state's right-to-try law. Right-to-try laws aim to allow terminally ill patients to gain access to experimental drugs without the permission of the FDA. Colorado was the first state to adopt a right-to-try law in 2014.[19]

The approval of Initiated Ordinance 301 in 2019 made the adult possession and use of psilocybin mushrooms the lowest law enforcement priority in Denver and prohibited the city and county of Denver from spending resources on enforcing related penalties.

Decriminalization of psilocybin in the United States

Statewide:

In November of 2020, Oregon voters approved a ballot initiative, Measure 109, that authorized the Oregon Health Authority (OHA) to create a program to permit licensed service providers to administer psilocybin-producing mushroom and fungi products to individuals 21 years of age or older. Measure 109 allowed cities and counties to place referendums on local ballots to prohibit or allow psilocybin-product manufacturers or psilocybin service centers in unincorporated areas within their jurisdictions. At the same election, Oregon voters approved Measure 110, which removed criminal penalties for the possession of LSD (less than 40 units) and psilocybin (less than 12 grams), as well as other specified quantities of certain controlled substances.

Local:

As of September 2022, 15 local jurisdictions had decriminalized psilocybin possession or, more frequently, deprioritized policing, prosecution, and arrest for possession of psilocybin. Three jurisdictions did so through the citizen initiative process and 11 did so through local government resolutions:[20]


Jurisdiction Year Measure Yes No
Denver, Colorado 2019 Initiative: Initiated Ordinance 301 50.64% 49.36%
Washington, D.C. 2020 Initiative: Measure 81 76.18% 23.82%
Oakland, California 2020 City council resolution N/A N/A
Santa Cruz, California 2020 City council resolution N/A N/A
Ann Arbor, Michigan 2020 City council resolution N/A N/A
Whashtenaw County, Michigan 2021 County council resolution N/A N/A
Detroit, Michigan 2021 Initiative: Proposal E 61.08% 38.92%
Somerville, Massachusetts 2021 City council resolution N/A N/A
Cambridge, Massachusetts 2021 City council resolution N/A N/A
Northampton, Massachusetts 2021 City council resolution N/A N/A
Easthampton, Massachusetts 2021 City council resolution N/A N/A
Seattle, Washington 2021 City council resolution N/A N/A
Port Townsend, Washington 2021 City council resolution N/A N/A
Arcata, California 2021 City council resolution N/A N/A
Hazel Park, Michigan 2022 City council resolution N/A N/A


Colorado statewide ballot measures during even-numbered election years, 2000-2020

A total of 105 measures appeared on the statewide ballot in Colorado during even-numbered election years in the 20-year period between 2000 through 2020. Of the 105 measures, 48 were approved (45.71%) and 57 were defeated (54.29%). From 2000 through 2020, the number of measures on the even-year ballot ranged from three to 14.

Colorado statewide ballot measures during even-numbered election years, 2000-2020
Years Total number Approved Percent approved Defeated Percent defeated Annual average Annual median Annual minimum Annual maximum
2000-2020 105 48 45.71% 57 54.29% 10 10 3 14


Path to the ballot

See also: Signature requirements for ballot measures in Colorado and Laws governing the initiative process in Colorado

The state process

In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.

The requirements to get an initiated state statute certified for the 2022 ballot:

The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.

Details about this initiative

  • Veronica Perez and Kevin Thomas Matthews filed the initiative on February 4, 2022. Ballot language was set for the initiative on February 16, 2022.[2]
  • The initiative was cleared for signature gathering on March 22, 2022, with signatures due on August 8, 2022.[2]
  • On May 11, 2022, Kevin Matthews, a chief petitioner for the initiative, said that the campaign had collected 40% of the required signatures after about six weeks of signature gathering.[11]
  • On June 27, 2022, the Natural Medicine Colorado campaign submitted signatures to the Colorado Secretary of State's office.[21]
  • The Colorado Secretary of State's office announced that the measure qualified for the ballot on July 21, 2022. Of the 225,140 signatures submitted, 138,760 were projected to be valid.[22]

Sponsors of the measure hired Landslide Political to collect signatures for the petition to qualify this measure for the ballot. A total of $2,383,505.21 was spent to collect the 124,632 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $19.12.


How to cast a vote

See also: Voting in Colorado

Click "Show" to learn more about voter registration, identification requirements, and poll times in Colorado.

See also

External links

Footnotes

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 Colorado Secretary of State, "Initiative 58 full text," accessed June 27, 2022
  2. ↑ 2.0 2.1 2.2 Colorado Secretary of State, "Initiative Filings, Agendas & Results," accessed June 27, 2022 Cite error: Invalid <ref> tag; name "SoS" defined multiple times with different content
  3. ↑ Psychedelic Alpha, "Psychedelic Legalization and Decriminalization Tracker," accessed June 28, 2022
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 Colorado TRACER, "Natural Medicine Colorado," accessed July 1, 2022 Cite error: Invalid <ref> tag; name "finance" defined multiple times with different content
  5. ↑ Protecting Colorado's Kids, "Home," accessed September 19, 2022
  6. ↑ Western Slope Now, "Psychedelic mushroom campaign declares victory on decriminalization in Colorado," accessed November 11, 2022
  7. ↑ LA Times, "Colorado voters decriminalize psychedelic mushrooms," accessed November 11, 2022
  8. ↑ KSUT.org, "Proposition 122 legalized some psychedelics in Colorado. Now the state has to regulate them," accessed December 10, 2022
  9. ↑ KSUT.org, "Proposition 122 legalized some psychedelics in Colorado. Now the state has to regulate them," accessed December 10, 2022
  10. ↑ 10.0 10.1 10.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. ↑ 11.0 11.1 Marijuana Moment, "Colorado Activists Collect Tens Of Thousands Of Signatures To Put Psychedelics Reform On Ballot," May 11, 2022
  12. ↑ Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
  13. ↑ Protecting Colorado's Kids, "Home," accessed September 19, 2022
  14. ↑ Colorado Secretary of State, "Official Voter Information Guide," accessed October 28, 2022
  15. ↑ National Center for Biotechnology Information, "Clinical potential of psilocybin as a treatment for mental health conditions (Jeremy Daniel and Margaret Haberman)," published online Mar 23, 2018
  16. ↑ Live Science, "FDA Calls Psychedelic Psilocybin a 'Breakthrough Therapy' for Severe Depression," November 25, 2019
  17. ↑ U.S. Food and Drug Administration, "Breakthrough Therapy," accessed August 11, 2020
  18. ↑ Drug Enforcement Agency, "Psilocybin Drug Facts," accessed August 1, 2022
  19. ↑ Boulderopolis, "Colorado law gives terminal patients 'right to try' unapproved drugs," accessed March 11, 2016
  20. ↑ Psychedelic Alpha, "Psychedelic Legalization and Decriminalization Tracker," accessed June 28, 2022
  21. ↑ Marijuana Moment, "Colorado Activists Turn In Signatures To Put Psychedelics Legalization And Therapeutic Psilocybin Program On Ballot," accessed June 27, 2022
  22. ↑ Colorado Secretary of State, "Proposed Initiative #58 (“Access to Natural Medicine”) Qualifies For 2022 General Election Ballot," accessed July 21, 2022
  23. ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed April 11, 2023
  24. ↑ Colorado Revised Statutes, "1-7-101," accessed April 11, 2023
  25. ↑ 25.0 25.1 Colorado Secretary of State, "Voter Registration FAQs," accessed April 11, 2023
  26. ↑ Colorado Secretary of State, "Go Vote Colorado," accessed April 11, 2023
  27. ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed April 11, 2023
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