The city of Alamosa Planning Commission will take up and prepare land use specifics for psychedelic substances, as dictated in Proposition 122, during its regular meeting on Wednesday. The planning commission will classify land use codes for testing centers, healing centers, and cultivation.
When Prop. 122, or the Natural Medicine Health Act, passed in 2022, it decriminalized possession of psilocybin mushrooms, mescaline, DMT (Dimethyltryptamine), and ibogaine – with a wealth of caveats. The bill also authorized state-licensed treatment centers to administer treatments under medical supervision. The goal of this bill was to open Colorado up to different pathways of treatment through the use of “natural medicine.”
According to the planning commission’s agenda item, there are no current plans for any of these facilities to open within the city limits. Instead, this is a preparation meeting for if or when the time arises.
The proposition did not fully legalize the substances. It also did not allow for retail sale, especially of psilocybin mushrooms due to their recreational association.
Healing centers are classified as locations where clients can take the psychedelic substances under the supervision of a licensed professional, but only after a series of prior meetings to determine if the treatment is right for the patient. These centers would be classified as a medical office or clinic, which is allowed in the mixed use, commercial business, campus zones, and the central business district of Alamosa. They would be allowed in the central business district only if the office or clinic fronts Main Street and is limited to a maximum 750 square foot total floor area.
Psilocybin mushroom cultivation would be classified as agricultural or commercial crop production, which is allowed in the agricultural zone (the planning commission notes the only property zoned for this is owned by the city and/or the county), and in the campus zone with the following limitation: agriculture or commercial crop production is allowed if it is related to the purpose of the campus in that the agricultural products are principally researched, processed, or consumed on the campus.
People are allowed to cultivate mushrooms within a 12-by-12-foot area on private property.
It is illegal to “openly and publicly” display or consume psilocybin mushrooms, with a fine of up to $100 and 24 hours of public service.
Psilocybin mushroom testing and processing would fall under light industry uses such as the manufacture or compounding of pharmaceutical products, which is permitted in the industrial zone, in the campus zone if the use is related to the purpose of the campus, in the commercial business or mixed use zones by limited use, or in conjunction with on-site retail or educational uses in which the products of the use are used or sold, and by conditional use in the central business district if the use in conjunction with and in service of a retail outlet at the same premises.
Under Prop. 122, Colorado residents are allowed to grow and consume psilocybin mushrooms. The measure also decriminalized possession of ibogaine, mescaline, and DMT for “personal use.” The law did not set specific quantity limits, which was a point of contention between the supporters of the bill and those who support the decriminalization and full legalization of natural substances but did not support this bill.
Those who are in support of full legalization said Prop. 122 leaves too much room for interpretation and could lead to unwarranted arrests based on a police officer’s own determination of what “necessary personal use” is. Patrick Duffy, co-founder of the Denver non-profit SPORE, in a 2022 interview with The Citizen said that the act’s use of the word “necessary” creates too much room for interpretation and argued that setting specific limits could help avoid arrests.
Under the provision, legal-aged residents can give away, or share, most of those substances, but are prohibited from selling them. Ibogaine is the exception and cannot be shared or sold. Ibogaine, among the other substances included in the proposition, was the most controversial addition, due to a few noted deaths and instances of side-effects. Ibogaine has been used to treat opioid and cigarette addiction.
People can sell “bona fide” services for “harm reduction” or “support” related to the use of psychedelic drugs, though the law does not define those terms. Those service providers can also “share” the drugs with clients, free of charge. Those providing the drugs cannot advertise their services in any way. Unregulated practitioners also must tell clients they’re working without a license.
It is illegal for people under the age of 21 to possess or consume any of the listed substances. It’s also illegal to share those substances with underage people.
Psychedelic mushrooms – including psilocybin mushrooms, ibogaine, mescaline, and DMT – remain illegal at the federal level, all as Schedule 1 Controlled Substances. Despite Colorado’s decriminalization and progressive movement toward researching the benefits, anyone growing or using these substances can still be charged under federal law.
UNDERSTANDING THE SUBSTANCES
Psilocybin mushrooms are known as serotonergic hallucinogens. Psilocybin attaches to the brain’s serotonin receptors and has had a similar effect on depression and anxiety that prescribed SSRIs, or Selective Serotonin Reuptake Inhibitors, have. Psilocybin has also been used to treat PTSD, terminal depression, and traumatic brain injuries. Despite its history of recreational use, in the past decade psilocybin has come out of the underground fray as a noted alternative to typical prescription medications.
Psychedelic mushrooms also have a long history of use in indigenous cultures. Central American cultures have used psilocybin mushrooms for shamanic and practical uses, with some traditions dating back thousands of years.
Like psilocybin, mescaline has a long history of practical and ceremonial medicinal uses. Mescaline can be found in the peyote cactus, endemic to the Southern United States and Northern Mexico, or in the San Pedro cactus which is native to South America. Under Prop. 122, mescaline is not allowed to be derived from peyote. This is due to Colorado already allowing peyote to be used in Native American practices and at the request from some Native American tribes to not include it in the initial bill. So, any mescaline is used under the terms of Prop. 122 must be derived from the San Pedro cactus instead.
Peyote cactus also takes a very long time to grow large enough to be consumed and it is under threat of climate change, suburbanization and over development. What’s more concerning for advocates of the peyote cactus’ survival is the Peyoteros of old are dying along with their practices.
Ibogaine comes from the root bark of the iboga tree, native to Gabon, Africa. Its ceremonial uses also date back thousands of years. The tree is also under threat of industrialization and climate change, so ibogaine is semi-synthesized from the more abundant Voacanga africana tree.
DMT, or dimethyltryptamine, is regarded as one of the most powerful endogenous psychedelic substances in the world. It is found naturally within many plants and trees, such as the Mimosa hostilis tree. It is often smoked in crystal form and produces profound, often out-of-body experiences that some have related to near-death experiences, which earned it the nickname, “The Spirit Molecule.” A form of DMT can also be found in the Colorado River and Sonoran Desert Toad, bufo alvarius. The main ingredient in one part of the two-part brew for ayahuasca is DMT.