Colorado Governor Could Grant Mass Pardons For Psychedelics-Related Convictions Under Newly Filed Bill

Colorado lawmakers have introduced a bill that would empower the governor to grant pardons to people who’ve been convicted of psychedelics-related offenses, while revising rules for the state’s psychedelics legalization law.

Sen. Matt Ball (D) and Rep. Lisa Feret (D) filed the legislation on Tuesday, proposing reforms to authorize Gov. Jared Polis (D) or future governors to grant mass clemency for people with convictions for low-level possession of substances such as psilocybin, ibogaine and DMT that have since been legalized for adults under state law.

In 2023, Polis called on lawmakers to take steps allowing him to issue mass pardons for people with prior psychedelics convictions as the voter-approved legalization policy was being implemented.

The governor said at the time that he needed the legislature to act to provide him with pardon authority, “so anybody who has something on their criminal record that is now legal can have that expunged and doesn’t hold them back from future employment opportunities.”

In addition to granting the governor that authority, the newly introduced measure would also require the Colorado Department of Public Health and Environment (CDPHE), Department of Revenue (DOR) and Department of Regulatory Agencies (DORA) to “collect information and data related to the use of natural medicine and natural medicine products.”

That would include data on law enforcement activities, adverse health events, consumer protection claims and behavioral impacts related to psychedelics.

“Subject to available appropriations, CDPHE shall also collect relevant data and information related to the use of natural medicine from facilitators and healing centers,” the bill says. “CDPHE is required to create and maintain a database of the information collected.”

The legislation, which is scheduled for a hearing before the Senate Health & Human Services Committee on Wednesday, further amends rules around licensing and ownership of psychedelic healing centers. For example, it removes a requirement for fingerprint background checks for owners and employees of licensed facilities, making it so they would only be subject to a name-based criminal background check.

It additionally “requires the state licensing authority to adopt rules related to product labels for regulated natural medicine and regulated natural medicine products and permits the state licensing authority to adopt rules regarding the types of regulated natural medicine products that can be manufactured.”

Meanwhile, earlier this month the governor signed into law a bill that would allow a form of psilocybin to be prescribed as a medication if the federal government authorizes its use.

While Colorado already legalized psilocybin and several other psychedelics for adults 21 and older through the voter-approved ballot initiative, the newly enacted reform will make it so drugs containing an isolated crystalized version synthesized from psilocybin can become available under physician prescription.

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As of January, meanwhile, Colorado regulars have been authorized to approve licenses for psilocybin service centers where adults can access the psychedelic in controlled settings.

The governor signed a bill to create the regulatory framework for legal psychedelics in 2023.

But lawmakers evidently are interested in setting the state up to allow for a more conventional system of distribution for certain psychedelics. In 2022, Polis also signed a bill to align state statute to legalize MDMA prescriptions if and when the federal government ultimately permits such use.

Whether FDA moves forward with any such approvals in uncertain, and the agency faced criticism last year after rejecting an application to allow MDMA-assisted therapy for people with PTSD.

Meanwhile in Colorado, a bill that would have limited THC in marijuana and outlawed a variety of psilocybin products will no longer move forward this session following the lead sponsor’s move to withdraw the bill.