Denver moves forward with plans to regulate ‘magic mushroom’ healing centers…. “Our only dog in this fight is the protection of youth” | Cannabis Law Report | How to order Skittles Moonrock online
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Now, the city of Denver is moving forward with plans to regulate the facilities where people consume psilocybin mushrooms and as part of psychedelic-assisted therapies.
Members of the city’s Department of Excise and Licenses to the Business, Arts, Workforce, Climate and Aviation Services Committee on Wednesday presented the proposal, which backers said would fill in gaps between state and local laws.
The proposal would also repeal Ordinance 301, also known as the “Denver Psilocybin Mushroom Initiative,” which was adopted in 2019 and which de-prioritized criminal enforcement of the personal use and possession of psilocybin mushrooms by those 21 and older.
“We are trying to create sort of a tailored approach here and make sure that we are requiring a local license for businesses that may be operating more like a social venue, so something like a yoga studio, a retreat center, or just sort of a social lounge where people can come and consume natural medicine together,” said Abbey Soisson, senior policy analyst for Denver’s Department of Excise and Licenses.
Backers of Proposition 122 often refer to psilocybin mushrooms as “natural medicine.”
While state agencies are poised to roll out their own rules, city officials said to the committee the idea of licensing those facilities that operate more as social venues may have more potential for community impacts and risks that “we want to be able to mitigate with a local license.”
There would be no local license requirements for cultivation, manufacturing, or testing facilities, as they are already addressed at the state level.
Exceptions to the proposed city license would include Native American tribe members performing religious ceremonies and facilities where only clinical facilitators — or those already licensed to diagnose and treat physical or behavioral/mental health conditions — administer the drugs.
Additionally, the proposed ordinance would mirror state law requiring that a license cannot be issued to a location within 1,000 feet of a childcare center, preschool, elementary, middle, junior, or high school or residential childcare facility.
“Our only dog in this fight is the protection of youth, and we want governments to be on the front edge of protecting young people, and they’re still-developing brains, as opposed to playing catch up like we did after marijuana was legalized,” said Alton Dillard a spokesperson for One Chance to Grow Up, a nonprofit group.
Although state law prohibits the use of psilocybin mushrooms for those under 21 years of age, Dillard expressed worries about underage access.
According to CDPHE’s 2023 Healthy Kids Survey, 3.8% of Colorado high school students have reported using psychedelics and 4.5% of calls to poison control centers regarding psilocybin have been for children less than six years of age.
Dillard added: “We want to make sure people are aware that psilocybin, we understand, is not available in a direct-to-consumer dispensary market the way marijuana is, but current state law and rule-making do create a risk of diversion because of the fact that it can still be removed from healing centers by facilitators.”
Committee members voted unanimously to advance the proposal to the full City Council.
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