A Bill for an Act
Page 1, Line 101Concerning the lawful use of crystalline polymorph
Page 1, Line 102psilocybin that is approved by the United States food
Page 1, Line 103and drug administration.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill makes a prescription medicine that contains crystalline polymorph psilocybin legal to prescribe, dispense, distribute, possess, use, and market in Colorado upon its approval by the United States food and drug administration.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds that:
Page 2, Line 4(a) Treatment-resistant depression is defined by the federal food
Page 2, Line 5and drug administration as depression that has failed to respond to 2 or
Page 2, Line 6more medications of adequate dose and duration during a single
Page 2, Line 7depressive episode;
Page 2, Line 8(b) Serious public health implications are associated with
Page 2, Line 9treatment-resistant depression, including a high cost of illness caused by
Page 2, Line 10the need for higher intensity treatments, impaired psychosocial function,
Page 2, Line 11a greater need for disability benefits, workplace absenteeism, negative
Page 2, Line 12impact on caregivers, and increased suicidality;
Page 2, Line 13(c) According to the largest study ever conducted on the
Page 2, Line 14limitations of treating depression, treatment-resistant depression occurs
Page 2, Line 15in approximately one-third of people treated for major depressive
Page 2, Line 16disorder;
Page 2, Line 17(d) Veterans are disproportionately likely to suffer from
Page 2, Line 18treatment-resistant depression and other mental health conditions;
Page 2, Line 19(e) According to a recent psychiatric journal publication,
Page 2, Line 20approximately 68% of psychiatric clinic outpatient veterans satisfied
Page 2, Line 21criteria for treatment-resistant depression;
Page 2, Line 22(f) According to a recent medical journal publication,
Page 2, Line 23approximately half of active-duty service members with post-traumatic
Page 2, Line 24stress disorder also suffer from major depressive disorder, which is the
Page 2, Line 25parent indication of treatment-resistant depression; and
Page 2, Line 26(g) In clinical trials, crystalline polymorph psilocybin was shown
Page 3, Line 1to reduce depression scores significantly for patients with
Page 3, Line 2treatment-resistant depression when compared to active placebos.
Page 3, Line 3(2) Therefore, the general assembly declares that it is in the best
Page 3, Line 4interests of the people of Colorado that behavioral health professionals in
Page 3, Line 5Colorado have the ability to provide crystalline polymorph psilocybin to
Page 3, Line 6treat patients with treatment-resistant depression if the federal food and
Page 3, Line 7drug administration ultimately approves it for prescription use.
Page 3, Line 8SECTION 2. In Colorado Revised Statutes, 18-18-203, amend
Page 3, Line 9(2)(c)(XXI) as follows:
Page 3, Line 1018-18-203. Schedule I. (2) Unless specifically excepted by
Page 3, Line 11Colorado or federal law or Colorado or federal regulation or more
Page 3, Line 12specifically included in another schedule, the following controlled
Page 3, Line 13substances are listed in schedule I:
Page 3, Line 14(c) Any material, compound, mixture, or preparation containing
Page 3, Line 15any quantity of the following hallucinogenic substances, including any
Page 3, Line 16salts, isomers, and salts of isomers of them that are theoretically possible
Page 3, Line 17within the specific chemical designation:
Page 3, Line 18(XXI) Psilocybin; except that psilocybin does not include
Page 3, Line 19a prescription drug product containing crystalline polymorph
Page 3, Line 20psilocybin approved by the federal food and drug administration
Page 3, Line 21and placed on a schedule of the federal "Controlled Substances
Page 3, Line 22Act", 21 U.S.C. sec. 801 et seq., other than schedule I, or exempt
Page 3, Line 23from one or more provisions of that act, and that is intended for
Page 3, Line 24prescribed use and dispensed by a pharmacy or prescription drug
Page 3, Line 25outlet registered by the state of Colorado and only possessed
Page 3, Line 26by a person authorized to possess a controlled substance
Page 3, Line 27pursuant to section 18-18-302. Any prescription drug product
Page 4, Line 1containing crystalline polymorph psilocybin that is approved by
Page 4, Line 2the federal food and drug administration must be controlled in
Page 4, Line 3Colorado in the same manner as required by any federal
Page 4, Line 4control designation pursuant to the federal "Controlled
Page 4, Line 5Substances Act", or any exemption from one or more provisions
Page 4, Line 6of that act; and is subject to the provisions set forth in part 1 of
Page 4, Line 7article 280 of title 12 and part 3 of this article 18. Nothing in
Page 4, Line 8this subsection (2)(c)(XXI) exempts a person from any violation
Page 4, Line 9of part 4 of this article 18.
Page 4, Line 10SECTION 3. Act subject to petition - effective date. This act
Page 4, Line 11takes effect at 12:01 a.m. on the day following the expiration of the
Page 4, Line 12ninety-day period after final adjournment of the general assembly; except
Page 4, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 4, Line 14of the state constitution against this act or an item, section, or part of this
Page 4, Line 15act within such period, then the act, item, section, or part will not take
Page 4, Line 16effect unless approved by the people at the general election to be held in
Page 4, Line 17November 2026 and, in such case, will take effect on the date of the
Page 4, Line 18official declaration of the vote thereon by the governor.