Senate Committee of Reference Report
Committee on Health & Human Services
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May 11, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1325 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 11, line 11, strike "If" and substitute "This
Page 1, Line 2section is repealed if the BHA does not receive".
Page 1, Line 3Page 11, line 16, strike "are not received".
Page 1, Line 4Page 11, line 19, strike "section, this section is repealed." and
Page 1, Line 5substitute "section.".
Page 1, Line 6Page 12, line 3, strike "(17)" and substitute "(16)".
Page 1, Line 7Page 12, line 17, strike "(12)(b)(II)" and substitute "(1), (12)(b)(II),".
Page 1, Line 8Page 12, after line 19, insert:
Page 1, Line 9"(1) "Administration session" means a session conducted at a
Page 1, Line 10healing center, or another location as allowed by this article 170 and
Page 1, Line 11article 50 of title 44, during which a participant consumes and
Page 1, Line 12experiences may purchase regulated natural medicine and
Page 1, Line 13regulated natural medicine product and consume and
Page 1, Line 14experience the effects of regulated natural medicine or regulated natural
Page 1, Line 15medicine product under the supervision of a facilitator.".
Page 1, Line 16Page 13, line 1, strike "administrative sessions pursuant to" and
Page 1, Line 17substitute "administration sessions conducted in accordance
Page 1, Line 18with".
Page 1, Line 19Page 13, line 15, strike "portion;" and substitute "portion and
Page 1, Line 20(1)(a)(II)(I);".
Page 1, Line 21
Page 2, Line 1Page 14, after line 8, insert:
Page 2, Line 2"(II) Requirements for the licensing of facilitators, practice of
Page 2, Line 3facilitation, and professional conduct of facilitators, including:
Page 2, Line 4(I) Parameters for a facilitator's permissible and prohibited
Page 2, Line 5financial interests in a healing center, license pursuant to this article 170,
Page 2, Line 6or license pursuant to article 50 of title 44; except that a facilitator may
Page 2, Line 7not have a financial interest in more than five natural medicine business
Page 2, Line 8licenses pursuant to article 50 of title 44;".
Page 2, Line 9Page 14, line 10, after "(5)(f);" insert "repeal (3);".
Page 2, Line 10Page 16, after line 23 insert:
Page 2, Line 11"(3) The board includes the executive director of the department
Page 2, Line 12of revenue, or the executive director's designee, serving as a nonvoting
Page 2, Line 13member.".
Page 2, Line 14Page 17, line 23, strike "ibogaine;" and substitute "ibogaine such as
Page 2, Line 15the genera tabernanthe plant, voacanga africana plant, and
Page 2, Line 16tabernaemontana plant;".
Page 2, Line 17Page 18, strike line 8 and substitute "proceedings.
Page 2, Line 18SECTION 7. In Colorado Revised Statutes, 44-50-103, amend
Page 2, Line 19(13)(b)(II) and (13)(c) as follows:
Page 2, Line 2044-50-103. Definitions.
Page 2, Line 21As used in this article 50, unless the context otherwise requires:
Page 2, Line 22(13) (b) In addition to the substances listed in subsection (13)(a)
Page 2, Line 23of this section, "natural medicine" includes:
Page 2, Line 24(II) Ibogaine, if recommended by the board and approved by the
Page 2, Line 25director and the executive director of the state licensing authority for
Page 2, Line 26inclusion, and ibogaine derived from a semi-synthetic process
Page 2, Line 27using the tabernanthe iboga plant or voacanga africana plant,
Page 2, Line 28if approved by the board as a natural medicine and, to the
Page 2, Line 29extent permitted by the state licensing authority, for use in
Page 2, Line 30administration sessions conducted in accordance with this
Page 2, Line 31article 50 and article 170 of title 12; or
Page 2, Line 32(c) "Natural medicine" does not mean a synthetic or synthetic
Page 2, Line 33analog of the substances listed in subsections (13)(a) and (13)(b) of this
Page 2, Line 34section, including a derivative of a naturally occurring compound of
Page 2, Line 35natural medicine that is produced using chemical synthesis, chemical
Page 2, Line 36modification, or chemical conversion, except for ibogaine derived
Page 2, Line 37from a semi-synthetic process using the tabernanthe iboga
Page 2, Line 38plant, voacana africana plant, or another source that is
Page 2, Line 39recommended by the board, pursuant to section 12-170-106, for
Page 3, Line 1use as a natural medicine and, to the extent permitted by the
Page 3, Line 2state licensing authority, for use in administration sessions
Page 3, Line 3conducted in accordance with this article 50 and article 170 of
Page 3, Line 4this title 12.".
Page 3, Line 5Renumber succeeding sections accordingly.
Page 3, Line 6Page 18, after line 8, insert:
Page 3, Line 7"SECTION 8. In Colorado Revised Statutes, 18-18-434, amend
Page 3, Line 8(5)(c)(IV) and (12)(d); and add (5)(c)(VI), (5)(c)(VII), and (5.5) as
Page 3, Line 9follows:
Page 3, Line 1018-18-434. Offenses relating to natural medicine and natural
Page 3, Line 11medicine product - definitions.
Page 3, Line 12(5) (c) Nothing in this section permits a person to:
Page 3, Line 13(IV) Dispense, distribute, or possess with intent to dispense or
Page 3, Line 14distribute natural medicine or natural medicine product as a part of a
Page 3, Line 15business promotion or commercial activity, except as provided by article
Page 3, Line 16170 of title 12 and article 50 of title 44; or
Page 3, Line 17(VI) Advertise bona fide harm reduction services or bona
Page 3, Line 18fide support services offered for remuneration except as
Page 3, Line 19provided for in section (12)(d) of this section;
Page 3, Line 20(VII) Advertise natural medicine or natural medicine
Page 3, Line 21product; or
Page 3, Line 22(VIII) Use harm reduction services or support services to
Page 3, Line 23conduct sales of natural medicine. Prohibited sales activities
Page 3, Line 24related to harm reduction services or support services include
Page 3, Line 25but are not limited to:
Page 3, Line 26(A) Operating a retail store, vendor table, vendor booth,
Page 3, Line 27or other commercial business that dispenses for remuneration
Page 3, Line 28any amount of natural medicine or natural medicine product
Page 3, Line 29not intended for consumption under supervision by the natural
Page 3, Line 30person or entity that dispenses the natural medicine or natural
Page 3, Line 31medicine product;
Page 3, Line 32(B) Sales of services or items that include the transfer of
Page 3, Line 33natural medicine, which does not preclude remuneration for
Page 3, Line 34bona fide harm reduction services or bona fide support services;
Page 3, Line 35(C) Paying recurring fees to acquire natural medicine or
Page 3, Line 36natural medicine products; and
Page 3, Line 37(D) Online sales that include natural medicine or
Page 3, Line 38natural medicine products.
Page 3, Line 39(5.5) Bona fide harm reduction services or bona fide
Page 3, Line 40support services without the exchange or sharing of natural
Page 3, Line 41medicine or natural medicine products are not subject to this
Page 4, Line 1section.
Page 4, Line 2(12) As used in this section, unless the context otherwise requires:
Page 4, Line 3(d) "Personal use" means the consumption or use of natural
Page 4, Line 4medicine or natural medicine product; or the amount of natural medicine
Page 4, Line 5or natural medicine product a person may lawfully possess, cultivate, or
Page 4, Line 6manufacture that is necessary to share with another person who is
Page 4, Line 7twenty-one years of age or older within the context of counseling,
Page 4, Line 8spiritual guidance, beneficial community-based use and healing,
Page 4, Line 9supported use, or related services. "Personal use" does not mean the sale
Page 4, Line 10of natural medicine or natural medicine product for remuneration; the
Page 4, Line 11possession, cultivation, or manufacture of natural medicine or natural
Page 4, Line 12medicine product with intent to sell the natural medicine or natural
Page 4, Line 13medicine product for remuneration; or the possession, cultivation,
Page 4, Line 14manufacture, or distribution of natural medicine or natural medicine
Page 4, Line 15product for business or commercial purposes, except as provided by
Page 4, Line 16article 170 of title 12 and article 50 of title 44. Nothing in this section
Page 4, Line 17precludes remuneration for bona fide harm reduction services or bona
Page 4, Line 18fide support services used concurrently with the sharing of consumption
Page 4, Line 19of shared ntural medicine or natural medicine product, provided that if
Page 4, Line 20there is no advertisement related to the sharing of natural medicine,
Page 4, Line 21natural medicine product, or the services provided, services offered, nd
Page 4, Line 22provided that if the individual providing the services informs an
Page 4, Line 23individual engaging in the services that the individual is not a licensed
Page 4, Line 24facilitator pursuant to article 170 of title 12.
Page 4, Line 25SECTION 9. In Colorado Revised Statutes, 44-50-103, amend
Page 4, Line 26(1); and add (11.5) and (24.5) as follows:
Page 4, Line 2744-50-103. Definitions.
Page 4, Line 28As used in this article 50, unless the context otherwise requires:
Page 4, Line 29(1) "Administration session" means a session conducted at a
Page 4, Line 30healing center, or other location if permitted by this article 50 or rules
Page 4, Line 31promulgated adopted pursuant to this article 50, during which a
Page 4, Line 32participant consumes and experiences may purchase regulated
Page 4, Line 33natural medicine and regulated natural medicine product and
Page 4, Line 34consume and experience the effects of natural medicine under the
Page 4, Line 35supervision of a facilitator.
Page 4, Line 36(11.5) "Limited regulated natural medicine sales license"
Page 4, Line 37means a license issued to an owner authorizing the license to
Page 4, Line 38co-locate with a healing center in which there is at least one
Page 4, Line 39person licensed as an owner associated with both the limited
Page 4, Line 40regulated natural medicine sales license and the healing
Page 4, Line 41center.
Page 4, Line 42(24.5) "Temporary premises" means the physical location
Page 4, Line 43where a natural medicine healing center, licensed pursuant to
Page 5, Line 1this article 50, is authorized to provide natural medicine
Page 5, Line 2services under the terms of a temporary premises permit.".
Page 5, Line 3Renumber succeeding sections accordingly.
Page 5, Line 4Page 18, line 19, strike "participate" and substitute "participated".
Page 5, Line 5Page 18, strike line 26 and substitute "(1)(a); and add (10) as follows:".
Page 5, Line 6Page 20, after line 1 insert:
Page 5, Line 7"(10) The state licensing authority is not required to
Page 5, Line 8conduct routine, periodic, or pre-operational inspections as a
Page 5, Line 9condition of licensure unless expressly required by this article
Page 5, Line 1050.".
Page 5, Line 11Page 20, line 2, strike "add" and substitute "amend (1)(e), (2)(r), and
Page 5, Line 12(2)(s)(III); and add (1)(p), (1)(q), (2)(t), (2)(u), (2.5),".
Page 5, Line 13Page 20, after line 4 insert:
Page 5, Line 14"(1) Mandatory rule-making. Rules adopted pursuant to section
Page 5, Line 1544-50-202 (1)(b) must include the following subjects:
Page 5, Line 16(e) Permissible and prohibited financial interests in a license
Page 5, Line 17issued pursuant to this article 50 or a license issued pursuant to article 170
Page 5, Line 18of title 12; except that an individual shall not have a financial interest in
Page 5, Line 19more than five natural medicine business licenses;
Page 5, Line 20(p) License privileges and restrictions of a limited
Page 5, Line 21regulated natural medicine sales license, which includes
Page 5, Line 22allowing the licensee to store, distribute, transport, purchase,
Page 5, Line 23possess, and transfer regulated natural medicine and regulated
Page 5, Line 24natural medicine product and to transfer for remuneration
Page 5, Line 25regulated natural medicine or regulated natural medicine
Page 5, Line 26products to a participant only for purposes of consumption
Page 5, Line 27during a facilitated administration session at a co-located
Page 5, Line 28healing center's licensed premises;
Page 5, Line 29(q) Eligibility requirements for an applicant to obtain a
Page 5, Line 30limited regulated natural medicine sales license, including, but
Page 5, Line 31not limited to:
Page 5, Line 32(I) Requiring a limited regulated natural medicine sales
Page 5, Line 33license to have and maintain common ownership with the
Page 5, Line 34co-located healing center license issued pursuant to section
Page 5, Line 3544-50-401 and any rules adopted by the state licensing
Page 5, Line 36authority; and
Page 5, Line 37(II) Establishing application and license fees to cover the
Page 6, Line 1direct and indirect costs of implementing the limited regulated
Page 6, Line 2natural medicine sales license created pursuant to section
Page 6, Line 344-50-401(6), which fees shall be deposited in the natural
Page 6, Line 4medicine case fund created in section 44-50-601.
Page 6, Line 5(2) Permissive rule-making. Rules adopted pursuant to section
Page 6, Line 644-50-202 (1)(b) may include, but need not be limited to, the following
Page 6, Line 7subjects:
Page 6, Line 8(r) Such other matters as are necessary for the fair, impartial,
Page 6, Line 9stringent, and comprehensive administration of this article 50; and
Page 6, Line 10(s) Requirements that healing centers collect data and information
Page 6, Line 11related to regulated natural medicine services and provide the data and
Page 6, Line 12information to the department of public health and environment in
Page 6, Line 13accordance with section 44-50-401 (6), which data and information must
Page 6, Line 14include:
Page 6, Line 15(III) Other information as determined by the state licensing
Page 6, Line 16authority in consultation with the department of public health and
Page 6, Line 17environment;
Page 6, Line 18(t) Application procedures and license requirements for
Page 6, Line 19a healing center to operate a temporary premises, in accordance
Page 6, Line 20with section 44-50-401(6), and may include:
Page 6, Line 21(I) Establishing the location eligibility requirements for
Page 6, Line 22a temporary premises;
Page 6, Line 23(II) Establishing minimum security and surveillance
Page 6, Line 24requirements for a temporary premises, which must reflect the
Page 6, Line 25temporary nature of the use and any public health and safety
Page 6, Line 26considerations for administration of natural medicine services;
Page 6, Line 27(III) Establishing minimum record keeping requirements,
Page 6, Line 28which may include authorizing licensees operating a temporary
Page 6, Line 29premises to maintain required records at the healing center
Page 6, Line 30licensee's licensed premises;
Page 6, Line 31(IV) Establishing notification requirements for when a
Page 6, Line 32healing center must report to the state licensing authority
Page 6, Line 33information that relates to the licensee's use of an approved
Page 6, Line 34temporary premises;
Page 6, Line 35(V) Establishing criteria under which a healing center
Page 6, Line 36may apply and be approved for more than one temporary
Page 6, Line 37premises in a single application; and
Page 6, Line 38(VI) Adjusting the amounts of the application and permit
Page 6, Line 39fees for a temporary premises to reflect the direct and indirect
Page 6, Line 40costs of administering the temporary premises permit; and
Page 6, Line 41(u) Requirements for the cultivation, manufacture,
Page 6, Line 42testing, or dispensing of ibogaine, including:
Page 6, Line 43(I) Limiting products containing ibogaine, as necessary,
Page 7, Line 1due to its health and safety risks; and
Page 7, Line 2(II) Establishing minimum manufacturing and testing
Page 7, Line 3standards for ibogaine and ibogaine products, including
Page 7, Line 4requirements that licensees maintain records regarding
Page 7, Line 5cultivated and manufactured products source material,
Page 7, Line 6additives and ingredients, and any conducted test results, and
Page 7, Line 7requirements that products provided to healing centers be
Page 7, Line 8labeled with the same information.
Page 7, Line 9(2.5) The state licensing authority may temporarily waive
Page 7, Line 10or adjust statutory or regulatory testing requirements for
Page 7, Line 11regulated natural medicine and regulated natural medicine
Page 7, Line 12products. Any waiver or adjustment of statutory or regulatory
Page 7, Line 13testing requirements are only permitted if there is no natural
Page 7, Line 14medicine testing facility certified or licensed to conduct
Page 7, Line 15required testing and must include:
Page 7, Line 16(a) Procedures for licensees to submit representative test
Page 7, Line 17samples to an unlicensed, third-party testing laboratory;
Page 7, Line 18(b) Minimum qualifications that the unlicensed
Page 7, Line 19third-party testing laboratory must meet to receive test
Page 7, Line 20samples;
Page 7, Line 21(c) Minimum standards for certificates of analysis that
Page 7, Line 22a licensee must demonstrate the unlicensed, third-party testing
Page 7, Line 23laboratory can meet;
Page 7, Line 24(d) Frequency of testing; and
Page 7, Line 25(e) Licensee notification and record keeping requirements
Page 7, Line 26for regulated natural medicine and regulated natural medicine
Page 7, Line 27products tested by unlicensed, third-party testing
Page 7, Line 28laboratories.".
Page 7, Line 29Page 20, after line 19 insert:
Page 7, Line 30"(c) For purposes of this subsection (5), "benefit-sharing
Page 7, Line 31plan" means an arrangement with Indigenous communities
Page 7, Line 32traditionally connected to the use of ibogaine or iboga that is
Page 7, Line 33intended to share in the benefits that arise from the research,
Page 7, Line 34therapeutic use, or commercialization of ibogaine or iboga.
Page 7, Line 35Benefits may include:
Page 7, Line 36(I) Financial benefit sharing;
Page 7, Line 37(II) Collaborative research or data sharing;
Page 7, Line 38(III) Conservation support for plant species and habitats;
Page 7, Line 39(IV) Community-identified development priorities;
Page 7, Line 40(V) Cultural or educational exchanges; and
Page 7, Line 41(VI) Utilizing a source for ibogaine that engages in
Page 8, Line 1benefit-sharing and ethical and sustainable cultivation
Page 8, Line 2practices.".
Page 8, Line 3Page 20, after line 22, insert:
Page 8, Line 4"SECTION 13. In Colorado Revised Statutes, 44-50-301, amend
Page 8, Line 5(2)(a)(IV) and (2)(a)(V); and add (2)(a)(VI) as follows:
Page 8, Line 644-50-301. Classes of licenses.
Page 8, Line 7(2) (a) The following are natural medicine business licenses:
Page 8, Line 8(IV) Natural medicine testing facility license; and
Page 8, Line 9(V) Any natural medicine business license determined necessary
Page 8, Line 10by the state licensing authority Limited regulated natural medicine
Page 8, Line 11sales licenses; and
Page 8, Line 12(VI) Any natural medicine business license determined
Page 8, Line 13necessary by the state licensing authority.
Page 8, Line 14SECTION 14. In Colorado Revised Statutes, 44-50-401, amend
Page 8, Line 15(2); and add (7) as follows:
Page 8, Line 1644-50-401. Natural medicine healing center license - data
Page 8, Line 17collection - rules.
Page 8, Line 18(2) A natural medicine healing center licensee may transfer
Page 8, Line 19regulated natural medicine or regulated natural medicine product to
Page 8, Line 20another natural medicine healing center licensee, limited regulated
Page 8, Line 21natural medicine sales licensee, or a facilitator pursuant to rules
Page 8, Line 22promulgated adopted by the state licensing authority.
Page 8, Line 23(7) (a) A healing center may apply for a temporary
Page 8, Line 24premises permit at a separate location. The department may issue
Page 8, Line 25a temporary premises permit to a licensed natural medicine
Page 8, Line 26healing center if the following conditions are met:
Page 8, Line 27(I) The healing center submits a complete application and
Page 8, Line 28pays all application and permit fees to the department;
Page 8, Line 29(II) The location is approved by the department subject to
Page 8, Line 30the requirements in section 44-50-302;
Page 8, Line 31(III) The licensee's use of the temporary premises does not
Page 8, Line 32exceed the duration approved under the permit;
Page 8, Line 33(IV) The applicant demonstrates the licensed natural
Page 8, Line 34medicine healing center is entitled to use the location as a
Page 8, Line 35temporary premises; and
Page 8, Line 36(V) The temporary premises otherwise complies with this
Page 8, Line 37article 50 and all other rules adopted by the department.
Page 8, Line 38(b) A natural medicine healing center's temporary
Page 8, Line 39premises is not required to be located in the same local
Page 8, Line 40jurisdiction as the licensed premises.
Page 8, Line 41(c) The state licensing authority shall not issue a
Page 8, Line 42temporary premises permit for a location at which the
Page 9, Line 1distribution, transfer, and dispensation of regulated natural
Page 9, Line 2medicine or regulated natural medicine product is not permitted
Page 9, Line 3under the zoning code of the local jurisdiction.
Page 9, Line 4(8) A limited regulated natural medicine sales license
Page 9, Line 5may be issued only to a person that applies for and is approved
Page 9, Line 6to operate a healing center license and is subject to the
Page 9, Line 7following requirements:
Page 9, Line 8(a) The license must be co-located with a healing center
Page 9, Line 9at which an administration session is held, where regulated
Page 9, Line 10natural medicine or regulated natural medicine product is sold
Page 9, Line 11to a participant.
Page 9, Line 12(b) The license must have common ownership with the
Page 9, Line 13co-located healing center. For purposes of this section, common
Page 9, Line 14ownership means there is at least one person licensed as an
Page 9, Line 15owner associated with both the limited regulated natural
Page 9, Line 16medicine sales license and the healing center.
Page 9, Line 17(c) The license may be exercised to store, purchase,
Page 9, Line 18possess, and transfer regulated natural medicine and regulated
Page 9, Line 19natural medicine product and invoice a participant for
Page 9, Line 20regulated natural medicine and regulated natural medicine
Page 9, Line 21product to be used solely in the context of an administration
Page 9, Line 22session at a co-located healing center and to conduct
Page 9, Line 23transactions on behalf of a facilitator for the natural medicine
Page 9, Line 24services provided in accordance with article 170 of title 12.
Page 9, Line 25(d) The license is not required to comply with subsection
Page 9, Line 26(1) of this section separate from the commonly owned,
Page 9, Line 27co-located healing center license.
Page 9, Line 28(e) Any other requirements established by rules of the
Page 9, Line 29state licensing authority pursuant to this article 50.
Page 9, Line 30(9) A health center licensee shall not sell regulated
Page 9, Line 31natural medicine or regulated natural medicine product unless
Page 9, Line 32a co-located limited regulated natural medicine sales licensee
Page 9, Line 33conducts the transaction in accordance with the provisions of
Page 9, Line 34subsection (8) of this section.
Page 9, Line 35SECTION 15. In Colorado Revised Statutes, 44-50-402, amend
Page 9, Line 36(1) as follows:
Page 9, Line 3744-50-402. Natural medicine cultivation facility license.
Page 9, Line 38(1) A natural medicine cultivation facility license may be issued
Page 9, Line 39pursuant to state licensing authority rules and only to a person who
Page 9, Line 40cultivates regulated natural medicine for transfer and distribution to
Page 9, Line 41natural medicine healing center licensees, natural medicine product
Page 9, Line 42manufacturer licensees, a limited regulated natural medicine sales
Page 9, Line 43licensee, other natural medicine cultivation facility licensees, or other
Page 10, Line 1persons licensed under pursuant to article 170 of title 12 or this article
Page 10, Line 250.".
Page 10, Line 3Renumber succeeding sections accordingly.
Page 10, Line 4Page 21, after line 12 insert:
Page 10, Line 5"SECTION 17. In Colorado Revised Statutes, add 44-50-702 as
Page 10, Line 6follows:
Page 10, Line 744-50-702. Unlawful exercise of the privileges of a license.
Page 10, Line 8(1) If the director of the natural medicine division
Page 10, Line 9determines based upon credible evidence from a complaint or
Page 10, Line 10investigation that a person is acting or has acted without the
Page 10, Line 11license required to operate a natural medicine business or to
Page 10, Line 12own, grow, harvest, transfer, manufacture, supervise, provide,
Page 10, Line 13or administer natural medicine, the director may issue an order
Page 10, Line 14to cease and desist the activity. The order must set forth the
Page 10, Line 15statutes and rules alleged to have been violated, the facts
Page 10, Line 16alleged to constitute the violation, and the requirement that
Page 10, Line 17all unlawful acts or unlicensed activity immediately cease.
Page 10, Line 18(2) Within fourteen days after service of the order to
Page 10, Line 19cease and desist issued pursuant to subsection (1) of this section,
Page 10, Line 20the respondent may request a hearing before the hearings
Page 10, Line 21division on the question of whether their acts or practices were
Page 10, Line 22in violation of this title 44 or unlicensed activity occurred.
Page 10, Line 23(3) The hearing must be conducted pursuant to sections
Page 10, Line 2424-4-104 and 24-4-105.
Page 10, Line 25(4) Judicial review of final agency action regarding the
Page 10, Line 26cease and desist must be conducted pursuant to section
Page 10, Line 2724-4-106.".
Page 10, Line 28Renumber succeeding section accordingly.