You're not alone if you're a little confused about the law for spiritual use of psychedelics in Colorado. Let's discuss some recent legislation and how it could apply to religious or spiritual applications.
Law for Spiritual Use of Psychedelics in Colorado
The legalization of natural psychedelics in Colorado, as established by Proposition 122, makes it possible for individuals to use, have, and cultivate certain psychedelics as well as share them with others. There are some restrictions, but most would not apply in spiritual or religious contexts. For example, the sale of the substances is still prohibited, and the Department of Regulatory Agencies (DORA) is the state agency in charge of managing and licensing facilities where these substances can be obtained. Also, no one may share these substances with those under 21.
It's also important to bear in mind that while state law has changed, federal law has not. That means there may still be some concerns for spiritual leaders, and it's always a good idea to talk with a lawyer for psychedelic practitioners to make sure you have all your bases covered.
The Scope of Legalization
Proposition 122 legalizes the personal possession, growing, sharing, and use of five natural psychedelic substances: psilocybin and psilocin, which are found in psychedelic mushrooms, and dimethyltryptamine (DMT), ibogaine, and mescaline. Peyote, which is a type of mescaline, has not been decriminalized: however, federal law already allows for peyote to be used in certain situations for Native American ceremonies.
For those who want to use psychedelics for spiritual or religious purposes, there is now a framework to operate within that can largely eliminate the worry of criminal prosecution under state law.
Other Considerations
There are still some restrictions in place that need to be born in mind, even for spiritual practitioners. For one thing, there are certain places where these substances cannot be used, like schools and government buildings. For another, they cannot be shared with anyone under 21. Colorado has also left it to individual municipalities to regulate the use of these substances within their jurisdictions. While they may not prohibit the use of these substances, they can restrict where you can use them or when.
Remember that the law still prohibits driving while under the influence of these substances, and having used them cannot be a defense against criminal charges or against negligence in a civil lawsuit. Spiritual practitioners should take the initiative to investigate local ordinances and ensure that their use of these substances won't in any way infringe on public safety.
Legal Ambiguities
There are still a few things that have not been completely cleared up, and it's a good idea to talk with a lawyer if you're considering communal spiritual use of these substances. For example, DORA has the authority to set limits on personal possession and cultivation, meaning there can be changes to how much any one person is allowed to have or grow, and this could be an issue depending on your specific situation.
The overall takeaway is clear and encouraging: a lot has changed, and it's possible to use psychedelics in spiritual practice in Colorado; but talking with a qualified lawyer is a must.