Colorado voters are poised to decriminalize hallucinogenic compounds in magic mushrooms, the early and unofficial election returns on Wednesday afternoon show. The proposition so far has captured 51.4% of the vote as of Thursday. The early vote count stood at 1,037,130 for and 980,392 against.

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.

And 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.

Behind the measure are Natural Medicine Colorado, which is funded by the New Approach PAC of Washington, D.C., whose largest donor is Dr. Bronner’s Magic Soaps of California, and, Citizens for Natural Medicine, a committee funded by local cannabis businesses.

Leading the opposition is Protect Colorado’s Kids, a group launched by Luke Niforatos, executive vice president of the anti-marijuana group Smart Approaches to Marijuana. Also opposed to the measure is the Native Coalition Against Prop 122, which, according to Indian Country Today, is a “collective of intertribal Indigenous Native American people.”

In a recent town hall, Niforatos argued that the measure would open 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.”

Natural Medicine Colorado 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. 

The pro-Prop 122 group has raised over $4.5 million in support of the measure. 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.

Results for 10 other statewide ballot questions also trickled in. 

Amendment D: constitutional, requires 55% of the vote to pass.

As of 7:55 p.m., the measure appears poised to pass, with 712,758 in favor, and 312,289 against.  

This initiative from the General Assembly asked voters to grant the governor permission to move some of the judges from the 18th Judicial District – Arapahoe, Elbert, Douglas and Lincoln counties – over to the new 23rd Judicial District (Douglas, Elbert and Lincoln only) once that new district goes live on Jan. 7, 2025. Judges in the 23rd would have to be residents of the district. The 18th district has 24 judges – seven would move over to the new 23rd district, assuming they meet the residency requirements, and the governor would appoint one more, to bring the total to eight.

The 23rd will become the first new judicial district since 1964.

The initiative comes from House Concurrent Resolution 22-1005, which had bipartisan sponsorship. No issue committees have been registered in TRACER, the state’s campaign finance system, to support or oppose the measure.

Who supports it: state lawmakers. 

Who opposes it: the Judicial Integrity Project.

Amendment E: constitutional, requires 55% of the vote to pass

The measure is on course to pass easily, with 1.7 million votes in favor and and just over 242,00 against. 

This initiative, also from the legislature, would allow the surviving spouses of veterans who die in the line of duty or who die from service-related injury or disease to obtain the state’s homestead property tax exemption. Currently, seniors 65 and older and disabled military veterans are eligible for the exemption, which exempts property taxes on the first $100,000 of property value.

The initiative comes from HCR 22-1003, which was bipartisan.

Who supports it? Path 2 Zero, an issue committee from the Independence Institute, and state lawmakers.

No formal opposition to the measure exists.

Amendment F: constitutional, requires 55% of the vote to pass

The measure is losing with 1,2 million votes against and just over 750,000 in favor as of Thursday

This initiative from the legislature changes the amount of time a charitable organization must exist prior to obtaining a charitable gaming license from five years to three years. It also allows minimum wage to be paid to a manager or operator of a charitable game through June 30, 2024. After that, there would be no restrictions on what a manager or operator could be paid.

The measure behind it, HCR 22-1006, received bipartisan support.

Who supports it? Colorado Charitable Bingo Association and state lawmakers.

Who opposes it? Path 2 Zero and Colorado Veterans of Foreign Wars.

Proposition FF: statutory, requires 50% plus one vote to pass

The Associated Press declared the proposition will pass, calling the race just before noon on Wednesday.

Known as the Healthy Meals for All Public Students measure, legislative Democrats advocated for HB 22-1414, although it gained a handful of Republican votes in the legislature.

The initiative will increase taxes on those making $300,000 per year or more by limiting the amount of state income tax deductions they can claim to $12,000 for individual filers and $16,000 for joint filers. Currently, those deductions are $12,950 for single filers and $25,900 for joint filers. Those making $400,000 per year or more have limits of $30,000 and $60,000, respectively.

Who supports it? Healthy School Meals for All Colorado Students, a group funded by Hunger Free Colorado, Healthier Colorado, and teachers unions, among others.

Who opposes it? Path 2 Zero.

Proposition GG: statutory, requires 50% plus one vote to pass

One of two propositions the Associated Press declared victorious on election night, support for Prop GG won out by some 40 percentage points.

Senate Bill 22-222, also from legislative Democrats, requires that a ballot measure that increases or decreases state income tax rates include a table showing how much more or less a taxpayer would pay as a result of passage of the ballot measure, based on income categories. This information would be included in the state’s Blue Book.

SB 222 passed on purely party-line votes in the General Assembly.

Who supports it: Coloradans Coming Together, a committee funded by the state teacher union, along with United for a New Economy, and Coloradans for Ballot Transparency, funded by Sixteen Thirty Fund, teachers unions, Conservation Colorado and philanthropist Merle Chambers, CEO of Leith Ventures; and, Colorado Common Cause. 

Who opposes it? Advance Colorado Institute and Path 2 Zero.

Proposition 121: statutory, requires 50% plus one vote to pass

Prop 121 was the first ballot question the Associated Press called a race in favor of, with that call coming just after 10 p.m. on election night.

The measure, backed by the libertarian Independence Institute’s Jon Caldara and state Sen. Jerry Sonnenberg, R-Sterling, would permanently lower the state’s income tax rate from 4.55% to 4.40%.

Michael Fields, president of Advance Colorado Institute, said in a statement: “With the cost of living so high, voters clearly want more money back in their pockets. The overwhelming support for this income tax cut proves that Coloradans are still fiscally conservative. We look forward to putting more tax cuts on the ballot in future.” 

Who supports it? Americans for Prosperity Colorado Issue Committee, Advance Colorado, Path 2 Zero and Colorado Character. These issue committees are all tied to “dark money” groups that do not disclose their donors. Other supporters include Colorado Rising Action and Defend Colorado, also dark money-funded groups.

Who opposes it? Issue committees Coloradans Coming Together and Keeping Colorado Great, which is also funded by teachers unions, and the Bell Policy Center.

Proposition 123: statutory, requires 50% plus one vote to pass.

Voters appear willing to support the affordable housing measure by a razor-thin margin. It has 50.7% of the vote as of Thursday, a margin of just over 27,000 votes.

This ballot measure would reduce taxpayer refunds arising from the Taxpayers Bill of Rights (TABOR) by about $300 million per year, with the revenue going to a variety of affordable housing initiatives.

Who supports it? Coloradans for Affordable Housing Now, which is funded by the nonprofit Gary Ventures, Colorado Low Income Housing Campaign, and Habitat for Humanity, among others.

Who opposes it? Path 2 Zero and Advance Colorado Action.