The City of Boulder is looking at a new state law and potential local approaches related to natural medicine. In 2022, Colorado voters approved a citizen-initiated measure related to the use of certain plants or fungi for medicinal purposes.
Natural Medicine includes a number of substances derived from mushrooms, but initially focuses on psilocybin, a naturally occurring psychedelic compound found in more than 200 species of mushrooms that grow naturally around the world.
The 2022 Act decriminalized the cultivation, possession, consumption and sharing of natural medicine for personal use for persons 21 years of age and older. No retail component of natural medicine is permitted. Rather, it may be administered by licensed facilitators in a therapy office setting. The Act states that a local government may not prohibit natural medicine businesses or adopt regulations that are unreasonable or in conflict with state law.
State law requires that natural businesses be no less than 1,000 feet from the property line of childcare centers, preschools, elementary, middle, junior or high schools or residential childcare facilities, using a direct pedestrian route. Beyond that, state law says that local governments may reasonably regulate the time, place, and manner of the operation of state-licensed natural medicine businesses.
The State anticipates accepting applications for natural medicine businesses (healing centers, and cultivation, production or testing facilities) before the end of 2024 and intends to issue licenses on Jan. 1, 2025.
Tribal Nations and Indigenous communities in Colorado, the United States and the world use natural medicine for spiritual, ceremonial and traditional purposes. The State of Colorado has sought guidance from Tribal Representatives and Indigenous communities (see program/board member/working group tab) regarding the sale of natural medicine in Colorado, such as including Indigenous representation on a Natural Medicine Advisory Board and a Federally Recognized American Tribes and Indigenous Community Working Group.
The City of Boulder recognizes Indigenous communities’ concerns – including the commercialization of natural medicine and the appropriation of Indigenous cultures and traditions – and looks forward to guidance from the state to help address them while also complying with state law.
City Staff discussed the state law and potential local approaches on natural medicine with City Council on Aug. 1. City Council agreed with staff’s proposed approach to regulate natural medicine uses but felt that the healing center businesses should not be prohibited from residential zones or have distance requirements beyond the limits in state law.
The city is exploring the approach to licensing and zoning described below.
The medical office and light manufacturing facilities would be subject to the detailed state rules that address the following:
Review the regulations that are anticipated for adoption by the state on Oct. 1.
Visit BeHeardBoulder.org to fill out a short questionnaire on the city's approach to zoning and licensing, open through Oct. 4.
