Colorado Natural Medicine Health Act (NMHA) Flashcards PDF
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These flashcards provide a summary of the Colorado Natural Medicine Health Act (NMHA), detailing its key provisions, including substance decriminalization, regulatory framework, and the roles of relevant government departments. This information is helpful for reviewing the various provisions in the law and can also be used as practice questions.
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**General Overview** **Q:** What is Proposition 122 in Colorado?\ **A:** Proposition 122, also known as the Natural Medicine Health Act (NMHA), was approved by Colorado voters in 2022. It decriminalizes the personal use of certain natural medicines and establishes a regulatory framework for their u...
**General Overview** **Q:** What is Proposition 122 in Colorado?\ **A:** Proposition 122, also known as the Natural Medicine Health Act (NMHA), was approved by Colorado voters in 2022. It decriminalizes the personal use of certain natural medicines and establishes a regulatory framework for their use. **Q:** When was SB23-290 signed into law, and when did it go into effect?\ **A:** SB23-290 was signed into law on May 23, 2023, and it replaced Proposition 122 starting July 1, 2023. **Personal Use and Decriminalization** **Q:** What substances are decriminalized under the NMHA?\ **A:** Psilocybin, psilocin, ibogaine, dimethyltryptamine (DMT), and mescaline (excluding peyote) are decriminalized. **Q:** What does "personal use" mean under SB23-290?\ **A:** Personal use includes consumption, possession, cultivation, and sharing of natural medicines for activities like counseling, spiritual guidance, community-based healing, or supported use. **Q:** What conduct remains criminal under SB23-290?\ **A:** Possession, use, or sharing of natural medicine in contexts not permitted by the Act, such as business promotions or commercial activities. **Q:** Can natural medicines be shared for free?\ **A:** Yes, sharing is allowed as long as there is no commercial exchange or business promotion involved. **Regulatory Framework** **Q:** What regulatory framework was created by SB23-290?\ **A:** It established oversight by the Department of Regulatory Agencies (DORA) and the Department of Revenue (DOR) for a regulated market of natural medicines. **Q:** What is a "facilitator" in the context of SB23-290?\ **A:** A facilitator is a licensed professional responsible for providing preparation, administration, and integration services for natural medicine at healing centers. **Q:** What are "natural medicine services"?\ **A:** Services include preparation sessions, administration under supervision at a healing center, and integration sessions. **Q:** When will DORA begin reviewing facilitator applications?\ **A:** Facilitator license applications will be reviewed starting December 31, 2024. **Natural Medicine Advisory Board** **Q:** What is the Natural Medicine Advisory Board?\ **A:** A 15-member board within DORA that makes recommendations on implementing the NMHA's regulatory framework. **Q:** What areas of expertise are represented on the Advisory Board?\ **A:** The board includes experts in natural medicine therapy, mycology, public health, behavioral health, traditional Indigenous use, and more. **Tribal and Indigenous Working Group** **Q:** What is the purpose of the Tribal and Indigenous Working Group?\ **A:** To address issues related to the commercialization of natural medicines, including avoiding exploitation of Indigenous cultures and ensuring conservation. **Department of Revenue (DOR) Role** **Q:** What responsibilities does the DOR have under SB23-290?\ **A:** The DOR regulates cultivation, manufacture, testing, and distribution of natural medicines and products, and issues licenses for each stage of the supply chain. **Q:** Which substances are initially regulated by the DOR?\ **A:** Initially, psilocybin and psilocin, with ibogaine, DMT, and mescaline (excluding peyote) eligible for future consideration. **Local Jurisdiction and Implementation** **Q:** Can local governments prohibit natural medicine services?\ **A:** No, local governments may regulate time, place, and manner but cannot prohibit services or impose unreasonable restrictions. **Q:** Are there restrictions on advertising for natural medicine services?\ **A:** Yes, advertisements must avoid cultural exploitation or misrepresentation of tribal and Indigenous communities. **Miscellaneous** **Q:** Are synthetic analogs of natural medicines included under SB23-290?\ **A:** No, synthetic and synthetic analogs, even those derived from natural sources, are excluded. **Q:** How does SB23-290 promote public education?\ **A:** The DOR develops campaigns to educate the public on the use of natural medicines and monitors consumer safety. **Q:** What role does the Colorado Department of Public Health and Environment play?\ **A:** It collaborates with the DOR to create testing standards, laboratory certifications, and ensure the safety of natural medicine products.