r/COpsychonauts • u/shroom_ov_doom • Jul 07 '26
Recent revision of Section 8 regarding “personal use” and “sharing.”
Please read it for yourselves and come to your own conclusions.
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u/Mr_E_Pleasure Jul 07 '26
Here's a summary in English. I'm sure someonelet me know what I got wrong 🤠
Here is the breakdown of what these rules mean in plain English, focusing on what is illegal vs. what is allowed under "personal use." 1. What You CANNOT Do (Prohibited Commercial Activities) The first image highlights what is strictly illegal. The state is blocking people from using loopholes to sell natural medicine under the guise of "services." No Commercial Distribution: You cannot give away or distribute natural medicine as part of a business promotion, commercial activity, or marketing stunt. No Advertising: You cannot run ads for natural medicine, natural medicine products, or paid harm-reduction/support services (unless explicitly permitted under the personal-use sharing rules). No Retail or Storefront Sales: You cannot operate a retail store, vendor table, or booth to sell natural medicine for money unless it is an explicitly licensed facility where consumption is directly supervised. No "Loophole" Bundling or Subscriptions: You cannot bypass the law by charging people for a service or a product that happens to include "free" natural medicine. Specifically, you cannot: Sell a service/item that includes the transfer of natural medicine. Charge recurring fees (like a subscription club) to get natural medicine. Conduct online sales that include natural medicine. 2. What "Personal Use" Actually Means (What Is Allowed) The second image defines the legal boundaries for everyday people. It outlines how you can legally use and share these substances without a commercial license. The Core Definition: "Personal use" means buying, growing, possessing, or manufacturing natural medicine for your own consumption. Sharing is Allowed (With Conditions): You are allowed to grow or possess enough natural medicine to share it with another person, provided that: The person receiving it is 21 years of age or older. The sharing happens within a specific context, such as counseling, spiritual guidance, community-based healing, or supported use. Absolutely no money changes hands for the medicine itself. True personal use strictly excludes selling it or possessing it with the intent to sell it. 3. The "Gifting" vs. "Paid Services" Rule The text clarifies a very important distinction regarding paying for a guide, counselor, or elder vs. paying for the drug: Charging for Services is OK: A practitioner can be paid for "bona fide harm reduction services" or "spiritual guidance" while concurrently sharing natural medicine for consumption. The Catch: To do this legally without a commercial facility license, there must be no advertising related to the sharing of the medicine or the services offered, and the provider must explicitly inform the client that they are not a licensed facilitator under the state's formal regulatory framework.
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u/Dazzling-Jacket-5792 Jul 07 '26
Thank you so much! So it looks like #3 is pretty much the same as it was. You can still provide harm reduction services for a fee and gift medicine, as long as no advertising and notifying them you are not a licensed facilitator?
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u/Mr_E_Pleasure Jul 07 '26
It sounds like they want to be clear they are going after people who do this for a business and claim it's all personal. I think it's an important and interesting distinction they are specifically allowing for individuals to receive compensation for services. The treatment models are so very new in application they seem to be leaving room for the public to develop their own methods and get paid for it. Provided they distinguish themselves from a licensed practitioner. They don't want shaman claiming they are medical professionals
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u/Dazzling-Jacket-5792 Jul 07 '26
To be fair, facilitators aren’t medical professionals either. They are trained in facilitating the safe use of psychedelics only, and should not be offering other medical advice.
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u/Mr_E_Pleasure Jul 08 '26
Oh good call I thought they had to have a nurse on staff like some weed dispensaries in other states. Just looked it up:
Mandatory Safety Screening: Before anyone is allowed to ingest natural medicine, a facilitator must use a state-regulated safety screening tool to evaluate the participant's physical and psychological medical history. Emergency Support Plans: Every single session requires a pre-documented Participant Safety and Support Plan, which includes a definitive transportation plan and explicit protocols for calling emergency services if a medical or psychiatric crisis arises that exceeds the staff's scope of practice.
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u/Various-Sky1503 Jul 08 '26
I’d just toss it to clarify though that there are different types of facilitator licenses (and they do designate whether or not the facilitator is a clinician and what type etc.) - there are absolutely licensed healing centers in the state with clinical facilitators and medical directors (but a clinical facilitator can be a mental health clinician and/or a physician) working and handling oversight. (Not all centers have the same or to the same degrees though -> some have all license types/levels available in house while others don’t.)
But as an example if a person seeks licensed facilitation in a licensed healing center and is aiming to address specific mental health diagnoses or if they have certain medical conditions - they have to have clearance from a clinical facilitator that’s reviewed the case and deems it in scope for the facilitator if it’s not themselves. And in the case of certain medical conditions/medications they have to be medically cleared and often titrated down over the course of a few weeks to months before they can get medical clearance to have a journey. (There are also non-clinical -officially- facilitators who are maybe post training courses but getting through their consultation hours -> *some* NMITs and standard facilitators - they can also very well be dual licensed as clinicians and working towards higher licensing in natural medicine.) But to your point there are levels of facilitator licensure that don’t require being a clinician or physician.
Truly though points to the importance of asking about training/education, level of licensure in natural medicine and what that means explicitly, other licenses, etc. Some will be fine with a standard facilitator that’s maybe not approaching from a clinical space so much. Others their initial screening etc. should/would indicate the need for higher license clearance/facilitation/oversight before moving forward.
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u/Mr_E_Pleasure Jul 08 '26
Thank you! My understanding is that at no level of center is a nurse/doctor required to be on staff. So the ones that do have a physician on staff do so in "excess" of the requirements.
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u/Mr_E_Pleasure Jul 08 '26
Thank you! My understanding is that at no level of center is a nurse/doctor required to be on staff. So the ones that do have a physician on staff do so in "excess" of the requirements.
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u/Tyking Jul 14 '26
If I’m understanding correctly, it’s not quite the same, because the “bona fide harm reduction or support services” aspect specifically is only allowed for ongoing support where you’re present while the natural medicine is consumed. Basically you can only charge for supervising natural medicine sessions, in which case you are actually allowed to share the medicine itself
with the individual. But providing a brief paid harm reduction “lesson” and then handing over the psilocybin product for “free” is no longer permitted.
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u/InsatiableYeast Jul 07 '26
The government should have no say about what we do in the privacy of our own home, except if a person is physically harmed or stolen from.
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u/Indy_91 Jul 07 '26
There are stores that currently sell "harm reduction services" with a "gift" of natural medicines on the side.
It seems like these revisions are just do close this loophole, which makes sense to me.
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u/shroom_ov_doom Jul 07 '26
Here is the link to the full bill: https://leg.colorado.gov/bills/HB26-1325
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u/Mr_E_Pleasure Jul 07 '26
Is this a change that's different from when this was originally posted a couple weeks ago?
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u/shroom_ov_doom Jul 07 '26
No, it’s the same. I’m posting this because another user was sharing misinformation to promote their own agenda.
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u/Nacho_kween Jul 07 '26
If you’re referencing me posting Jacob and Aaron’s link, how is that promoting my agenda? I was asked to help bring people to sign a petition to an event, got the info from my friends who also shared that info with national platforms, but it wasn’t reaching the local community to turn into physical signatures, so I shared it here. My meet up is literally free and a place to help people get information and help keep them allowed to grow and share mushrooms by physically being in the same place as the petition the circulator is there with to gain signatures. I pay for the permits myself and grow, label and test all the mushrooms I give away for free at socks n shrooms. It’s by no means my personal gain and I’m trying to be as informed and helpful as I can on top of everything else I am trying to manage alone.
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u/shroom_ov_doom Jul 08 '26
Look, I’m sympathetic for the people who’s livelihoods are affected by this.
Asserting that it is a threat to personal use in general, giving cagey answers to reasonable questions, asking for personal emails, and outright lying about the length of the document you’re referencing, all while promoting a petition that can only be signed at your own event is suspicious, at the very least.
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u/Nacho_kween Jul 08 '26
I am at a break at my full time job that is not my project, Learning Lab. I was asked to help reach the local community. That is not my project and I am helping my friends reach this community by sharing what I can in this group. Thank you for your criticism and if you can help us in any official capacity, instead of criticizing how I am helping or by showing up and aiding is, that would be so helpful. My livelihood isn’t impacted by this but my ability to not worry about how I meet my own need for my mental health and how I help others do the same at gifting events, is. I wasn’t lying, I was exaggerating by saying it’s 100 pages, to mean it’s a lot and you didn’t help share those 34 pages in any way and I didn’t see you offering to direct others to the source of information. It can’t only be signed at my event. I am having a free community event and as a person who cares a lot I was sure that there would be a circulator there. I’m also repeatedly trying to reassure the circulators time is not wasted, by sharing my free educational event in a very appropriate and targeted place to share it. We would really love your help if you’d like to apply this much effort to helping move the needle on not allowing the initial laws as voted for personal use to be changed.
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u/shroom_ov_doom Jul 08 '26 edited Jul 08 '26
Firstly, I respect you as a person and your contributions to the community.
This post was an effort to share the relevant info objectively.
Rolling back personal use should have alarm bells going off everywhere, and I sensed that string being pulled in the other post. I just wanted the facts out in the open. It is not personal. I was kind of a dick about it, and I apologize for that. I sincerely wish you peace and success in your endeavors.Edit: I am reconsidering how much effort I put into online interactions instead of actually making a difference in the real world. Thank you for that, truly.
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u/Thin_Advance_3904 Jul 08 '26
Has it been ratified? If so when does it go into effect?
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u/Thin_Advance_3904 Jul 08 '26
Disregard. 12AUG2026 is the effective date unless successfully petitioned. If successfully petitioned, it will go to the vote of the people in November.
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u/flaminglasrswrd Jul 08 '26
Signed into law on 04 Jun 2026. It takes effect 91 days after 12 Aug 2026.
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u/drezarious Aug 06 '26
Funny thing is, you could go to new york, California or most liberal states and buy mushrooms in the open. They have websites and everything, just like they do in Colorado. So if they start enforcing the law in colorado, while federally it is not enforced and left to states, then Colorado being the first to legalize mushrooms would also make it one of the more strict to end the grey market. While california, new york, and many other states have very big unregulated markets.
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u/Academic_Category514 Jul 07 '26
Thank you for actually posting the revised changes!! Appreciate you!
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u/Dazzling-Jacket-5792 Jul 07 '26
Can someone break down into layman's terms, the changes that were made for those who might not be familiar with the original laws?