Coloradans were divided over the legalization of dangerous hallucinogens last fall on the statewide ballot. Proposition 122 passed by only a slim margin despite a slick, deceptive, multimillion-dollar campaign orchestrated by the Washington, D.C.-based New Approach political action committee.

Legalization of “magic mushrooms” and other hallucinogens was pitched to the public as a way to address depression, PTSD and related problems. While some research appears to support the use of hallucinogens in treating such maladies, clearly, only medical professionals should be allowed to administer the drugs after a case-by-case evaluation.

Prop. 122 instead does an end-run on the medical establishment – which is why it’s really just a cynical ploy for legalizing more drugs for recreational use.

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Plenty of voters seemed to see through the propaganda. They likely harbored misgivings about unleashing a new wave of mind-bending substances in a state experiencing the ill effects of recreational marijuana legalization.

Now that it’s the law of the land, the best hedge against the worst of Prop. 122 is to use what regulatory authority it grants the state to create safeguards against wide-ranging, potential abuses. There’s time to act as implementation is slated for September 2024.

Unfortunately, Colorado’s Legislature already is blowing it.

Senate Bill 23-290, passed by the state Senate on Tuesday and now en route to the House, would prohibit local governments from banning the “healing centers” that will be authorized to dispense the hallucinogens. The legislation also bars local governments from enacting more restrictive regulations and penalties than those that will be adopted by the state.

As dissenting Republican lawmakers pointed out in Senate debate – the bill is sponsored by ruling Democrats – many Colorado communities voted overwhelmingly against Prop. 122 last fall and shouldn’t have to bear its burdens. They should be able to opt out.

“Local elected officials need to have some ability, more ability than what’s in this bill, to mitigate negative impacts and to ensure the safety, health and well-being of their community,” Sen. Barbara Kirkmeyer, R-Brighton, told fellow lawmakers. It was of no avail; the bill passed largely along party lines.

Details for licensing the healing centers, as well as other regulations, have yet to be worked out by the state executive branch using its rule-making authority. The guidelines provided by Prop. 122, however, are not promising.

The “healing centers” can be private residences. And while the measure doesn’t permit retail sales, it will allow growing hallucinogen-yielding mushrooms for personal use. A grower will be able to “give” the drug to anyone 21 or older.

As we noted here last fall in urging a “no” vote on Prop. 122, the prohibition against sales is an unenforceable farce. Money will change hands just as it does for any street drug.

That’s why lawmakers in the House would be wise to amend SB 23-290 to allow for a local opt-out for any community that doesn’t want to host the healing centers. They invite abuse.

The bill does do one good thing – it pushes off implementation until 2025. It also gives lawmakers a chance to make another improvement: They can ensure the legalization of hallucinogens really is about mental health – as originally touted.

Prop. 122 leaves it to the state to set education and training requirements for the “licensed facilitators” who will dish out the drugs. So, amend the bill to require the facilitators to be psychiatrists – i.e., M.D.s licensed to practice medicine and write prescriptions in Colorado.

That’s one way to give this otherwise dubious measure some true potential for therapeutic value.

Denver Gazette Editorial Board