HomeMy WebLinkAboutMemo - Mail Packet - 10/22/2024 - Memorandum from Ginny Sawyer re Natural Medicine LegislationCity Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
MEMORANDUM
Date: October 17, 2024
To: Mayor and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
From: Ginny Sawyer, Project Manager
Subject: Natural Medicine Legislation
Bottom Line:
The state has passed legislation regulating the cultivation and use of “natural medicine” or
psilocybin/psilocyn commonly known as mushrooms. In the future this could also include
dimethyltryptamine; ibogaine; and mescaline. Municipalities cannot prohibit any of the uses but can
regulate by time, place, and manner if they chose.
At this time, staff is not recommending any action.
Background:
Two main actions have occurred related to natural medicine:
Proposition 122 (Access to Psychedelic Substances)- Passed by Colorado voters in Nov. 2022 to allow
psilocybin legal for treating mental health issues. Local governments may regulate the time, manner,
and place of natural medicine businesses, but may not prohibit them or create unreasonable
regulations. Natural Medicine Health Act of 2022
Colorado Senate Bill 23-290- Amended the Act and created a regulatory and licensing framework for
natural medicine businesses in Colorado. Colorado Natural Medicine Code
Overview:
Law and regulations allow persons over 21 years old to possess, share, cultivate (limited to 12 sq. ft.),
and manufacture certain regulated natural medicine for personal use without payment.
Creates state licensing program for natural medicine businesses with certification, permitting and
registration requirements and advisory board for 5 license types, including the “facilitators” who may
provide natural medicine services to participants for the purpose of treating physical or
behavioral/mental health conditions.
Summary of Rules:
1,000 feet distance from childcare centers, preschools, elementary, middle and junior high schools and
residential childcare facilities, & specific regulations for cultivation, manufacturing, testing, storing,
distribution, transportation, and dispensation of regulated natural medicine and related products.
Local Governments:
Docusign Envelope ID: 98A47DAB-0D04-40F7-ACB3-F7EAB8F0C553
CC: Jim Lenderts, Alyssa Bamonti, Rob Bianchetto, Noah Beals, Talisa Gula-Yeast, Cecilia Good
May enact ordinances or regulations governing the time, place, and manner of operation of
licenses issued pursuant to the Colorado Natural Medicine Code within its boundaries.
May not prohibit the establishment or operation of licenses.
May not prohibit the transportation of natural medicine or natural medicine product within its
boundaries.
May not adopt ordinances or regulations that are unreasonable or conflict with state law.
Types of Businesses and Regulations:
Natural Medicine Healing Center
o Similar to medical clinics or therapy offices
o May not operate where an existing liquor or marijuana licensed is issued
o Must be 1,000 feet from schools and childcare
o Operates much like a licensed medical or therapy office
o Supervised session may be individual or in groups and last 6-8 hours
o No retail component
Natural Medicine Cultivation Facility; Products Manufacturer; Testing Facility
o Industrial in nature
o Involves growing equipment, humidifiers, etc.
o Much smaller than marijuana cultivation
Going Forward:
Staff is recommending no action at this point. We will stay in touch with the state regarding any
applications and/or licenses that are within city limits and monitor throughout the 1st quarter of 2025 and
re-assess.
Docusign Envelope ID: 98A47DAB-0D04-40F7-ACB3-F7EAB8F0C553