
Legality
Inner Guiding Medicine Policy
Inner Guiding does not give away or share Natural Medicines as a part of the fee structure. Payment is for time spent in harm reduction and spiritual guidance in the form of preparation, ceremony, integration, and other related sessions only. This work is done under the Personal Use clause of the NMHA.
Psychedelic Legalization & Decriminalization in Colorado
With the passing of the Natural Medicine Health Act, Harm Reduction Services such as Inner Guiding have been more clearly provisioned for within the State of Colorado.
On November 8th, 2022 Colorado yet again made drug policy history by passing Proposition 122. Also known as the Natural Medicine Health Act (NMHA), Amendment 58, and Article 170, this measure establishes hybrid legalization and decriminalization of certain Psychedelic Medicines within the State. Read the full text of the NMHA here.
To understand the measure, it is important to understand the difference between legalization and decriminalization. Legalization, by its nature, creates a regulatory framework around the commodification and use of a given substance; such as Alcohol, Tobacco, and Cannabis. Decriminalization, on the other hand, is simply the removal of criminal penalties for the possession and personal use of a substance without establishing commercial services. The NMHA is an example of a policy that does both.
Under the NMHA personal use, possession, and growth of dimethyltryptamine (DMT), ibogaine, mescaline (excluding peyote), psilocybin and psilocin no longer carry the risk of fines or incarceration for persons 21 years of age or older. See §12-170-109. This is the Decriminalization aspect of the measure, it is already in effect. This part of the measure protects those seeking to purchase natural medicines.
The NMHA also establishes a “Regulated Natural Medicine Access Program” and a “Natural Medicine Advisory Board” under the existing Colorado Department of Regulatory Agencies (DORA). See §12-170-104 & §12-170-105. These entities will oversee the construction of a complete system by which people 21 and over will be able to receive preparation, administration, and integration sessions provided by licensed facilitators within officially sanctioned healing centers and other venues. This legalization aspect will not functionally go into effect until 2024. Retail stores dispensing psychedelics are not currently and will never be allowed under the NMHA.
The Framework for Harm Reduction Services
From the Natural Medicine Health Act §12-170-109(2) & (3)(8)
“FOR THE PURPOSE OF THIS ARTICLE 170, “PERSONAL USE” MEANS THE PERSONAL INGESTION OR USE OF A NATURAL MEDICINE AND INCLUDES THE AMOUNT A PERSON MAY CULTIVATE OR POSSESS OF NATURAL MEDICINE NECESSARY TO SHARE NATURAL MEDICINES WITH OTHER PERSONS TWENTY-ONE YEARS OF AGE OR OLDER WITHIN THE CONTEXT OF COUNSELING, SPIRITUAL GUIDANCE, BENEFICIAL COMMUNITY-BASED USE AND HEALING, SUPPORTED USE, OR RELATED SERVICES. “PERSONAL USE” DOES NOT INCLUDE THE SALE OF NATURAL MEDICINES FOR REMUNERATION.”
“NOTHING IN THIS SECTION SHALL BE CONSTRUED OR INTERPRETED TO PERMIT A PERSON TO GIVE AWAY ANY AMOUNT OF NATURAL MEDICINE AS PART OF A BUSINESS PROMOTION OR OTHER COMMERCIAL ACTIVITY OR TO PERMIT PAID ADVERTISING RELATED TO NATURAL MEDICINE, SHARING OF NATURAL MEDICINE, OR SERVICES INTENDED TO BE USED CONCURRENTLY WITH A PERSON’S CONSUMPTION OF NATURAL MEDICINE. SUCH ADVERTISING MAY BE CONSIDERED EVIDENCE OF COMMERCIAL ACTIVITY THAT IS PROHIBITED UNDER THIS SECTION. THIS PROVISION DOES NOT PRECLUDE THE DONATION OF NATURAL MEDICINE BY A PERSON TWENTY-ONE YEARS OF AGE OR OLDER, PAYMENT FOR BONA FIDE HARM REDUCTION SERVICES, BONA FIDE THERAPY SERVICES, OR OTHER BONA FIDE SUPPORT SERVICES, MAINTAINING PERSONAL OR PROFESSIONAL WEBSITES RELATED TO NATURAL MEDICINE SERVICES, DISSEMINATION OF EDUCATIONAL MATERIALS RELATED TO NATURAL MEDICINE, OR LIMIT THE ABILITY OF A HEALING CENTER TO DONATE NATURAL MEDICINE OR PROVIDE NATURAL MEDICINE AT REDUCED COST CONSISTENT WITH DEPARTMENT RULES.”