Colorado Natural Medicine Law Overview
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Questions and Answers

What types of expertise are included in the Advisory Board?

The Advisory Board includes experts in natural medicine therapy, mycology, public health, behavioral health, and traditional Indigenous use.

What is the main goal of the Tribal and Indigenous Working Group?

The main goal is to address commercialization issues of natural medicines, focusing on preventing exploitation of Indigenous cultures and promoting conservation.

What does the Department of Revenue regulate under SB23-290?

The DOR regulates the cultivation, manufacture, testing, and distribution of natural medicines and issues licenses for each stage of the supply chain.

Can local governments impose outright bans on natural medicine services?

<p>No, local governments cannot prohibit natural medicine services, although they can regulate the time, place, and manner of these services.</p> Signup and view all the answers

How does SB23-290 aim to promote public education regarding natural medicines?

<p>SB23-290 promotes public education by having the DOR develop campaigns to educate the public on natural medicines and monitor consumer safety.</p> Signup and view all the answers

What is the primary purpose of Proposition 122 in Colorado?

<p>Proposition 122 decriminalizes the personal use of certain natural medicines and establishes a regulatory framework for their use.</p> Signup and view all the answers

What substances were specifically decriminalized under the Natural Medicine Health Act?

<p>Psilocybin, psilocin, ibogaine, DMT, and mescaline (excluding peyote) are decriminalized.</p> Signup and view all the answers

What is the significance of SB23-290 in relation to Proposition 122?

<p>SB23-290 replaced Proposition 122 and was signed into law on May 23, 2023, going into effect on July 1, 2023.</p> Signup and view all the answers

Describe the role of a facilitator as defined in SB23-290.

<p>A facilitator is a licensed professional who provides preparation, administration, and integration services for natural medicine at healing centers.</p> Signup and view all the answers

What conditions must be met for the sharing of natural medicines to be lawful?

<p>Sharing is allowed as long as there is no commercial exchange or business promotion involved.</p> Signup and view all the answers

What does 'personal use' entail under SB23-290?

<p>'Personal use' includes consumption, possession, cultivation, and sharing of natural medicines for various supportive activities.</p> Signup and view all the answers

When will the review of facilitator applications by DORA commence?

<p>DORA will begin reviewing facilitator license applications starting December 31, 2024.</p> Signup and view all the answers

What is the function of the Natural Medicine Advisory Board?

<p>The Natural Medicine Advisory Board recommends on implementing the NMHA's regulatory framework.</p> Signup and view all the answers

Flashcards

DOR's Role in Natural Medicine Regulation

The Colorado Department of Revenue (DOR) is responsible for overseeing the cultivation, production, testing, and distribution of natural medicines, issuing licenses for each stage of the process.

Local Government Restrictions on Natural Medicine

Local governments cannot outright ban natural medicine services, but they can regulate aspects like time, place, and manner of operation.

Exclusions from Regulation: Synthetic Analogs

The law specifically excludes synthetic analogs of natural medicines, even those derived from natural sources.

Tribal and Indigenous Working Group's Purpose

A Tribal and Indigenous Working Group was established to address concerns about the commercialization of natural medicines, focusing on avoiding exploitation and ensuring cultural preservation.

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Advertising Restrictions for Natural Medicine

Advertisements for natural medicine services must be mindful of cultural sensitivity and avoid misleading representations of Indigenous communities.

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What is Proposition 122?

Proposition 122, passed in 2022, decriminalizes personal use of certain natural medicines in Colorado and establishes a regulatory framework for their use.

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What is SB23-290?

SB23-290, signed in May 2023, replaced Proposition 122, taking effect in July 2023. It provides a more detailed legal framework for natural medicine use.

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What substances are decriminalized?

Psilocybin, psilocin, ibogaine, dimethyltryptamine (DMT), and mescaline (except peyote) are decriminalized for personal use under SB23-290.

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What is 'personal use' under SB23-290?

Personal use of natural medicines includes consuming, possessing, cultivating, and sharing them for activities like counseling, spiritual guidance, or community healing.

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What activities are still criminal?

Business promotion or commercial activities involving natural medicines are still criminal under SB23-290.

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Can natural medicines be shared for free?

Yes, sharing natural medicines is allowed as long as there is no commercial exchange or business promotion involved.

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What regulatory framework was created by SB23-290?

SB23-290 established regulatory oversight by DORA and DOR for a regulated market of natural medicines. It also created the role of "facilitator" for providing services related to natural medicines.

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What is a "facilitator"?

A "facilitator" is a licensed professional who provides preparation, administration, and integration services for natural medicine at healing centers. They are responsible for guiding individuals through the process of using natural medicines.

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Study Notes

General Overview

  • Proposition 122, also known as the Natural Medicine Health Act (NMHA), decriminalizes certain natural medicines in Colorado.
  • It established a regulatory framework for these medicines.
  • SB23-290, signed into law on May 23, 2023, replaced Proposition 122 effective July 1, 2023.

Personal Use and Decriminalization

  • Decriminalized substances include psilocybin, psilocin, ibogaine, dimethyltryptamine (DMT), and mescaline (excluding peyote).
  • "Personal use" under SB23-290 includes consumption, possession, cultivation, and sharing for activities like counseling, spiritual guidance, and community-based healing.
  • Conduct still considered criminal under SB23-290 includes possession, use, or sharing in contexts not permitted by the Act, like business promotions or commercial activities.
  • Sharing natural medicines is allowed as long as there is no commercial exchange.

Regulatory Framework

  • SB23-290 established oversight by the Department of Regulatory Agencies (DORA) and the Department of Revenue (DOR) for natural medicines.
  • A "facilitator" is a licensed professional providing preparation, administration, and integration services for natural medicines at healing centers.
  • "Natural medicine services" include preparation, administration (under supervision), and integration sessions.
  • Facilitator license applications will be reviewed starting December 31, 2024.

Natural Medicine Advisory Board

  • The Natural Medicine Advisory Board is made up of 15 members and provides recommendations on implementing the NMHA regulatory framework.
  • Experts in natural medicine therapy, mycology, public health, behavioral health, and traditional Indigenous use are represented on the board.

Tribal and Indigenous Working Group

  • The Tribal and Indigenous Working Group addresses issues related to the commercialization of natural medicines.
  • It focuses on avoiding exploitation of Indigenous cultures and ensuring conservation.

Department of Revenue (DOR) Role

  • The DOR regulates the cultivation, manufacture, testing, and distribution of natural medicines.
  • Initial regulation by the DOR covers psilocybin, psilocin, with ibogaine, DMT, and mescaline potentially eligible later.

Local Jurisdiction and Implementation

  • Local governments can regulate time, place, and manner of natural medicine services but cannot prohibit them.
  • Advertising restrictions must avoid cultural exploitation and misrepresentation.

Miscellaneous

  • Synthetic analogs of natural medicines are excluded.
  • The DOR campaigns to educate the public on natural medicine use and monitors consumer safety.

Colorado Department of Public Health and Environment

  • The department works with the DOR to create testing standards, laboratory certifications, and ensure safety of natural medicine products.

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Description

Explore the key aspects of Proposition 122 and SB23-290 regarding natural medicine decriminalization in Colorado. This quiz highlights the substances involved, personal use provisions, and the regulatory framework established by the new law effective July 1, 2023. Test your knowledge on how these laws impact community-based healing and personal use practices.

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