is dmt legal in colorado?

Gov. Jared Polis issued a proclamation on Tuesday about Proposition 122, which passed with nearly 54% of voters in favor. That means Coloradans can have and share psilocybin, DMT, ibogaine and mescaline in the state — but they’re still Schedule I narcotics and illegal on the federal level.

“Prop. 122 puts the wellbeing of patients and communities first, removing harsh criminal penalties for personal possession and employing a multi-phase implementation process that will allow time to develop an appropriate safety and regulatory structure,” Josh Kappel, who co-authored the proposition and led the campaign, said in a statement on Tuesday.

Voters passed the measure in the Nov. 8 election, but the change was not immediate.

The Colorado Constitution dictates when initiatives actually become law, according to the governor’s proclamation. The will of the voters is not official until the governor declares the majority vote, and that must happen no later than 30 days after the state canvasses the vote.

Proposition 122 decriminalizes psychedelic “natural medicine,” including psilocybin mushrooms, DMT, ibogaine and mescaline, for people aged 21 and older. Coloradans of age can have it, ingest it and cultivate it at home without criminal penalty under state law.

The measure also allows for regulated “healing centers” where people can get and consume psilocybin. And it paves the way for the other listed psychedelics to be allowed under the regulated framework as soon as 2026.

People previously arrested for possession of the psychedelics can also file a petition with the courts to have those records sealed.

Kappel said implementation of the law now begins.

“Our goals include creating an accessible and balanced facilitator training system, an effective equity program, a first-of-its-kind ESG screen, and safe access to natural psychedelic therapies,” Kappel said. “In the meantime, adults in Colorado can begin to have more open and honest conversations about these medicines with their doctors. Adults who can benefit from these substances will finally be able to engage in psychedelic therapies without fear of arrest and prosecution.”

A growing body of research links psilocybin and other psychedelics to mental health improvements. “Magic mushrooms” have been used to treat ailments like PTSD in veterans, anxiety and depression in cancer patients and substance use disorders.

Bills that would decriminalize possession have been introduced in 19 states — including Missouri, Iowa and Kansas — though none have been enacted. And more than a dozen states — including Florida, Oklahoma and Texas — have introduced legislation to further study the health benefits of psilocybin.

“More folks are starting to recognize and understand, when it comes to psychedelic therapy, this is not some sort of radical field. It’s becoming more mainstream,” said Oklahoma state Rep. Daniel Pae, who co-authored a bill that would authorize scientific research into psilocybin.

The bill, which passed in the Oklahoma House and is headed to the state Senate for consideration, would allow adults living with a handful of conditions to participate in state-run clinical trials using psilocybin. Texas passed a similar bill last year.

The potential of psychedelics to be a part of treatments for depression, anxiety, post-traumatic stress disorder, drug dependency and eating disorders is being evaluated in numerous clinical trials. In 2018, the Food and Drug Administration marked psilocybin as a “breakthrough therapy,” a designation that expedites the development of drugs that may be more effective than existing treatments.

Hawaii’s state Senate cited the FDA designation in March when it approved a bill that would assemble a task force to develop a long-term plan to make psilocybin available to adults over the age of 21 seeking mental health treatment. Connecticut lawmakers convened a group to study psilocybin last year and adjusted its state budget to fund therapy programs administering psychedelic treatments to veterans and retired first responders.

While more than 60 bills have been introduced around the country, the majority, including the Hawaii bill, are stalled in committee or have failed to get a vote. In Washington, legislators opted to study the substance after struggling to loosen restrictions. And in California, lawmakers transformed a bill to decriminalize use into one that would analyze policy.

In Colorado, the ballot measure’s victory marks the state’s second time making psychedelic history in three years. Denver became the first U.S. city to decriminalize psilocybin in 2019.

For Kevin Franciotti, a Denver-based addiction counselor who received psychedelic treatment for an opioid use disorder more than a decade ago, this is Colorado’s “opportunity to be a leader in pushing American drug policy in the right direction.”