In November of 2022, Colorado voters passed Proposition 122, the Natural Medicine Health Act, which allows for regulated medical access to natural psychedelic medicines for adults 21 and older. Psilocybin (what many Coloradans may think of as “mushrooms”) in particular has shown real promise in its ability to treat serious mental health conditions such as depression, anxiety and addiction. Throughout the campaign, Colorado veterans from across the state spoke about the benefits for treating PTSD, with many saying access to these medicines saved their lives.

But now that Proposition 122 has passed, much of the attention has moved to what comes next. How will the state implement this new regulated medical model, and how will it navigate decriminalization of natural psychedelic medicines?

It should not start with recriminalization of natural medicines.

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I understand lawmakers’ urge to create some limitations around decriminalization of personal use, including limitations on how much a person can carry and how much can be cultivated. But this measure does not allow for any sales, and there will not be any dispensaries or any way for people to buy psychedelics for take-home use.

As usual, I believe the issue requires more understanding and nuance. I, for one, hope any new criminal penalties are thought through carefully and in conjunction with Colorado veterans, stakeholders and advocates.

It’s not surprising Colorado voters chose to decriminalize the use of natural psychedelic medicines as they have other substances. The war on drugs has been a failure. The resulting mass incarceration overcrowded our prison systems, disproportionately targeted people of color and destroyed communities and families. Lawmakers and voters alike are now faced with unwinding these dated and devastating policies and dealing with the lingering effects – all while navigating the spiraling drug crisis these backward policies created.

It’s essential to not let crime politics interfere with good policy, especially when it comes to the responsible use of natural psychedelic medicines. Voters supported decriminalization because no one should be going to jail for trying to access mental health or medical care. Furthermore, many voted for new policies because they understand decriminalization is critical for protecting historic ceremonial and cultural uses.

Colorado, like much of the nation, is facing a mental health crisis. Unlike other states, however, our state ranks last in access to mental health treatment. Proposition 122 is one important part of addressing this crisis.

As legislators start to debate how Proposition 122 is implemented, they should be cautious about overturning the will of the voters and recriminalizing natural psychedelic medicines. Experts in the scientific and criminal justice community are rightfully calling for a new approach that prioritizes healing over jail time. Any legislation that would create more barriers to healing should be weighed carefully with the will of the voters, our mental health crisis and the needs of veterans and other patients.

Lisa LaBriola is a principal at Husch Blackwell Strategies and was a Senate Democrat staffer for close to a decade. She served as chief of staff to former Senate Minority Leader Lucia Guzman and former Senate President Leroy Garcia. Opinions expressed here are her own and do not reflect the opinions of any other organizations.