The Protect Our Kids political action committee warned against a Colorado ballot measure seeking to decriminalize the hallucinogenic compounds in magic mushrooms during a town hall Tuesday.

The town hall – hosted by Colorado Politics, The Denver Gazette and The Colorado Springs Gazette – was a public forum for the proponents and opponents of Proposition 122 to debate their positions. However, the pro-Prop 122 campaign declined to participate.

Luke Niforatos, CEO of Protect Our Kids, called the campaign’s refusal to debate a “profound disappointment.”

“I had a PBS debate last week and they also declined that, as well,” Niforatos said. “I think that voters should take that into account. If the proponents of the measure cannot even defend it in a public forum, what does that say about their ideas?”

If passed by voters, Prop 122 would make “magic mushrooms” – more specifically the hallucinogenic compounds psilocybin and psilocin – legally accessible to individuals 21 years or older, to be administered mostly at state licensed healing centers, under rules to be promulgated by the state Department of Regulatory Agencies.

While the measure would not legalize the retail sale of mushrooms, it would allow growing mushrooms for personal use and consuming them without legal penalty. A home grower would also be able to give away the product to those 21 years of age or older so long as it’s not being sold.

Niforatos argued that this part of the measure would create a loophole, opening the door for people to “gift” mushrooms to others by charging them high prices for unrelated products, such as clothing or souvenirs.

“It’s by design,” Niforatos said. “While it’s not explicitly retail sales, what this measure does is create a retail market.”

The group backing Prop 122, Natural Medicine Colorado, has raised over $4.5 million in support of the measure, according to filings with the Secretary of State’s Office. Of that money, nearly $3.6 million is from the Washington D.C.-based political action committee, New Approach. New Approach has poured millions of dollars into efforts to legalize medical and recreational marijuana in at least 10 states.

“Clearly there’s a process here to introduce drugs and get people used to them from a medical perspective, and then try to legalize them recreationally,” Niforatos said. “It’s very clear that’s what they’re trying to do here.”

Natural Medicine Colorado has argued that Prop 122 would give Coloradans access to psychedelic therapies to treat mental health issues, such as depression, anxiety, addiction and post-traumatic stress disorder. 

In 2018 and 2019, the Food and Drug Administration granted psilocybin as a “breakthrough therapy,” accelerating the development and review of using the drug to treat major depressive disorder. New York University researchers also have seen promising results when looking at the effects of using psilocybin to treat alcohol addiction.

Under Prop 122, licensed facilitators could provide psychedelic treatment with the drugs to patients in hospitals, hospice facilities, community mental health centers, rural health clinics, long-term care facilities or retirement communities – but only with the facility’s permission, according to Natural Medicine Colorado.

Niforatos argued that, since the FDA is already conducting clinical trials, Coloradans should wait for the federal government to make a move regarding access to mushrooms.

“We will have federally approved prescription drug versions of some of these substances very, very soon,” Niforatos said. “That process is working, so why would we put the cart in front of the horse and shotgun state-level legalization where we let entrepreneurs take the lead on our medicine?”

“At some point, we need to let the experts make the decisions,” he added.

Supporters of Prop 122 also champion how it would eliminate criminal prosecution for personal use and possession of mushrooms, allowing those with previous criminal records tied to “natural medicines” to petition courts to seal their records at no charge.

Those under age 21 who use mushrooms could be charged with a petty drug offense – but subject only to a penalty of four hours of drug education or counseling. That would apply both to possession, as well as giving it away to others without cost.

Prop 122 would ban local jurisdictions from enacting regulations more restrictive than the measure – a restriction criticized by elected officials on both sides of the aisle for violating local control.

Denver became the first city in the nation to remove criminal penalties for possessing mushrooms in 2019. If Prop 122 passes on Election Day on Nov. 8, Colorado would be the second state in the country to legalize and regulate the market for mushrooms, following Oregon in 2020.