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OfflineFaithShallSaveThee


Registered: 09/20/22
Posts: 16
Last seen: 8 months, 18 days
Proposition 122 and You! - A writeup and explanation * 5
    #28048063 - 11/13/22 02:34 AM (1 year, 2 months ago)

Disclaimer: I am no lawyer, I simply enjoy reading contracts and studied law briefly (although never obtained a degree in it). This is my interpretation of the bill, although I do not inject much meaning that isn't explicitly stated. The point of this post is to break down various parts that may not be well understood by others. Sorry mods if this is in the wrong part of the forum, I looked and this seemed the best place for it.

If you live in CO and are excited over the passing of Prop 122, then congratulations! But there are a few key things I'd like to go over before everyone goes crazy over it. First off: if you'd like to read the actual text of the bill, and not just a summary, here is the full Article 170 Title 12 https://ballotpedia.org/Colorado_Proposition_122,_Decriminalization_and_Regulated_Access_Program_for_Certain_Psychedelic_Plants_and_Fungi_Initiative_(2022)#Text_of_measure

Now, a summary. What does this mean? This is not legal advice, this is merely my own interpretation of the text. If you have a moderate reading level comprehension the bill is quite plainly laid out and should be understandable to the average person. You can skip to the sections relevant to you, which would probably be 12-170-109 Personal use. and 12-170-110. Personal Use Penalties. You can use CTRL-F to search through the bill for these sections.

Here is a very basic and simple summary of the bills text. The bill provides government sanctioned licensing for health facilities that can safely produce, transport, and administer doses of natural medicines to those seeking it, alongside an approved evaluation in a safe environment. Currently Natural Medicines are categorized only as "Psilocybin and Psilocyn" (according to the text of the bill), although in the future the government may add more medicines to this definition, expanding the possible protections. Alongside that, personal usage, production, transportation, storage, and gifting (more on that later) are legalized for those 21 and over. You cannot be fined, or arrested, or detained for any of these actions, as well as natural medicines may not be seized from you, or be used as probable cause for a crime. Local governments cannot pass statutes to restrict or criminalize the usage of natural medicines on private property nor their transportation, only their public usage. Next, let's go over a few particular sections that are important.

SUBJECT TO THE LIMITATIONS IN THIS ARTICLE 170, BUT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT AN OFFENSE
UNDER STATE LAW OR THE LAWS OF ANY LOCALITY WITHIN THE STATE OR SUBJECT TO A CIVIL
FINE, PENALTY, OR SANCTION, OR THE BASIS FOR DETENTION, SEARCH, OR ARREST, OR TO DENY
ANY RIGHT OR PRIVILEGE, OR TO SEIZE OR FORFEIT ASSETS UNDER STATE LAW OR THE LAWS OF
ANY LOCALITY, IF THE PERSON IS TWENTY-ONE YEARS OF AGE OR OLDER


Basically, cops and government can't do shit to you if you're 21 or older, local cities / counties can't pass laws that contradict this text.

(2) 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.


Personal use here doesn't include the sale of mushrooms for cash. Now, before you go thinking you can "gift" alongside a cash purchase of a fancy basket or charitable donation, read further down (TL;DR it's not allowed and is explicitly laid out as such).

(6) CONDUCT PERMITTED BY THIS ARTICLE 170 SHALL NOT, BY ITSELF, BE THE BASIS TO
DENY ELIGIBILITY FOR ANY PUBLIC ASSISTANCE PROGRAM, UNLESS REQUIRED BY FEDERAL LAW.
(7) FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, CONDUCT
PERMITTED BY THIS ARTICLE 170 DOES NOT CONSTITUTE THE USE OF AN ILLICIT SUBSTANCE OR
OTHERWISE DISQUALIFY A PERSON FROM MEDICAL CARE OR MEDICAL INSURANCE.


Your government can't deny you assistance programs because you use mushrooms, and you aren't allowed to be denied health care of insurance either. Your employer isn't forced to allow the usage, so if your insurance is tied to your job, it's probably best to stay quiet if you're worried about that.

(8) 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.


Here's the big one. Basically: unless you were licensed by the state of Colorado to sell and administer mushrooms, you can't do it. You can't get away with gifting them and selling something else, and you can't get away with advertising services attached to the gifting of natural medicine. In fact, if you're caught doing this without being licensed, this is explicitly a way for them to hit you with the book. Besides, give to your friends. Everyone loves that one person.

(9) A PERSON WHO HAS COMPLETED A SENTENCE FOR A CONVICTION, WHETHER BY TRIAL
OR PLEA OF GUILTY OR NOLO CONTENDERE, WHO WOULD NOT HAVE BEEN GUILTY OF AN OFFENSE
UNDER THIS ACT HAD IT BEEN IN EFFECT AT THE TIME OF THE OFFENSE, MAY FILE A PETITION
BEFORE THE TRIAL COURT THAT ENTERED THE JUDGMENT OF CONVICTION IN THE PERSON’S CASE
TO SEAL THE RECORD OF THE CONVICTION AT NO COST. IF THERE IS NO OBJECTION FROM THE
DISTRICT ATTORNEY, THE COURT SHALL AUTOMATICALLY SEAL SUCH RECORD. IF THERE IS AN
OBJECTION BY THE DISTRICT ATTORNEY, A HEARING SHALL BE HELD AND THE COURT SHALL
DETERMINE IF THE PRIOR CONVICTION DOES NOT QUALIFY TO BE SEALED UNDER THIS ACT. IF THE
RECORD DOES NOT QUALIFY TO BE SEALED, THE COURT SHALL DENY THE SEALING OF THE RECORD.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH OR ABROGATE ANY RIGHTS OR
REMEDIES OTHERWISE AVAILABLE TO THE PETITIONER OR APPLICANT.


You're allowed to fight prior sentences, and the court can seal the conviction away permanently. If the court decides not to, you can basically fight the decision in court. If you've been arrested in the state of CO for possession, or usage, fight that prior conviction! If you were caught for selling... Your odds are probably pretty low, but it's always worth a shot to see if they'll let you go by.

(1) UNLESS OTHERWISE PROVIDED BY SUBSECTION
(2) OF THIS SECTION, A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE IS SUBJECT TO A DRUG
PETTY OFFENSE, AND UPON CONVICTION THEREOF, SHALL BE SUBJECT ONLY TO A PENALTY OF NO
MORE THAN FOUR (4) HOURS OF DRUG EDUCATION OR COUNSELING PROVIDED AT NO COST TO THE
PERSON, IF THE PERSON:


You have to be 21 to manufacture, consume, gift, basically even touch natural medicines as defined by the state. If you are under 21, and do get caught, your punishment will be a drug education or counseling program provided to you. This text says your punishment won't be anything larger than that, but stay in school kids, and don't do drugs. Wait a few years.

(3) A PERSON WHO CULTIVATES NATURAL MEDICINES THAT ARE NOT SECURE FROM ACCESS
BY A PERSON UNDER TWENTY-ONE YEARS OF AGE IN VIOLATION OF 12-170-109(1)(b) IS SUBJECT
TO A CIVIL FINE NOT EXCEEDING TWO-HUNDRED AND FIFTY DOLLARS, IN ADDITION TO ANY OTHER
APPLICABLE PENALTIES.


Lock up your shit. Got kids? Nosy roommates that aren't 21? Growing outdoors? Whatever you do, make sure those under 21 can't get to it, or else you'll get fined $250, and probably more as well. It's hard to lock up growing equipment, but your final produce should definitely be kept away. Remember that "hidden" != "secure."

(4) A PERSON SHALL NOT BE SUBJECT TO ANY ADDITIONAL FEES, FINES, OR OTHER
PENALTIES FOR THE VIOLATIONS ADDRESSED IN THIS SECTION OTHER THAN THOSE SET FORTH IN
THIS SECTION. FURTHER, A PERSON SHALL NOT BE SUBJECT TO INCREASED PUNISHMENT FOR ANY
OTHER CRIME ON THE BASIS OF THAT PERSON HAVING UNDERTAKEN CONDUCT PERMITTED BY THIS
ARTICLE 170.


In the Personal Use and Personal Use Penalties sections, any punishments laid out can't be greater than written here. Another important part is the "increased punishment for any other crime" part. Basically: if you're caught doing something illegal: let's say producing another natural medicine that isn't legal yet, they can't fine you extra because you had mushrooms as well. No double charges here!

(c) TO PERMIT A PERSON TO INGEST NATURAL MEDICINES IN A PUBLIC PLACE, OTHER THAN
A PLACE LICENSED OR OTHERWISE PERMITTED BY THE DEPARTMENT FOR SUCH USE;


Don't do them in public. Also right below this it states you aren't allowed to operate heavy machinery (cars, boats, etc) while under the influence. That should be obvious though.

12-170-113. Preemption. NO LOCALITY SHALL ADOPT, ENACT, OR ENFORCE ANY
ORDINANCE, RULE, OR RESOLUTION IMPOSING ANY GREATER CRIMINAL OR CIVIL PENALTY THAN
PROVIDED BY THIS ACT OR THAT IS OTHERWISE IN CONFLICT WITH THE PROVISIONS OF THIS ACT. A
LOCALITY MAY ENACT LAWS IMPOSING LESSER CRIMINAL OR CIVIL PENALTIES THAN PROVIDED BY
THIS ACT.


Basically, no "locality" (think town, etc) can define any *greater* criminal or civil penalties than anything in the document. In the above section, you can get fined $250 for not keeping your stuff away from those under 21. The Springs can't tell you they've changed this fine to $1000, although as far as I can tell they CAN decide to potentially hit you with a different fine on a different charge. Law is weird.

Okay, and that's all I had written down. If you have any more questions or specific sections you'd like me to cover I can dive a bit deeper and see if that is answered. Cheers.


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OfflineProposition 122
Bonehead
I'm a teapot

Registered: 11/14/22
Posts: 375
Loc: Colorado Flag
Last seen: 5 hours, 50 minutes
Re: Proposition 122 and You! - A writeup and explanation [Re: FaithShallSaveThee] * 1
    #28051551 - 11/14/22 08:05 PM (1 year, 2 months ago)

Nice bit of work.:grin:


--------------------
"Learn from yesterday, live for today, hope for tomorrow. The important thing is not to stop questioning." - Albert Einstein


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OfflineDharmaForKarma
Tub monkey
Male

Registered: 04/24/20
Posts: 565
Last seen: 11 hours, 57 minutes
Re: Proposition 122 and You! - A writeup and explanation [Re: Proposition 122] * 1
    #28059610 - 11/19/22 07:35 AM (1 year, 2 months ago)

Thanks for the writeup!

Apologies if I misread what you have shared above. I would like to help clarify what the law now defines as Natural Medicines. The term is used twice, once broadly and once specifically. Good news - for personal use the more broad definition applies.

Broad: Individuals can make, extract, use, and share mushrooms, DMT, mescaline (but not the protected peyote), and ibogaine. Importantly, neither LSD nor 5-MAO-DMT are included at all.

(h) “NATURAL MEDICINE” MEANS THE FOLLOWING SUBSTANCES IN ANY FORM THAT WOULD CAUSE SUCH PLANT OR FUNGUS TO BE DESCRIBED IN THE “UNIFORM CONTROLLED SUBSTANCES ACT OF 2013”, ARTICLE 18 OF TITLE 18: DIMETHYLTRYPTAMINE; IBOGAINE; MESCALINE (EXCLUDING LOPHOPHORA WILLIAMSII (“PEYOTE”)); PSILOCYBIN; OR PSILOCYN.

 
The more limited definition applies to to-be-defined Regulated Access Programs:

(4) FOR PURPOSES OF THE REGULATED NATURAL MEDICINE ACCESS PROGRAM SET FORTH IN THIS SECTION:

(a) UNTIL JUNE 1, 2026, THE TERM NATURAL MEDICINE SHALL ONLY INCLUDE PSILOCYBIN AND PSILOCYN.

(b) AFTER JUNE 1, 2026, IF RECOMMENDED BY THE NATURAL MEDICINE ADVISORY BOARD, THE DEPARTMENT MAY ADD ONE OR MORE OF THE FOLLOWING TO THE TERM NATURAL MEDICINE: DIMETHYLTRYPTAMINE; IBOGAINE; AND MESCALINE (EXCLUDING LOPHOPHORA WILLIAMSII (“PEYOTE”)).

Good news: These new state laws will take effect very soon, some time in December. And as mentioned in the OP prior charges and convictions can be reversed.

Just in time for the holidays! A little box of shroomies make perfect stocking stuffers for those special someones.

12-170-115. Effective date. UNLESS OTHERWISE PROVIDED BY THIS ACT, ALL PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE UPON THE EARLIER OF THE OFFICIAL DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR OR THIRTY DAYS AFTER THE VOTE HAS BEEN CANVASSED, PURSUANT TO SECTION 1(4) OF ARTICLE V OF THE COLORADO CONSTITUTION. THE REMOVAL AND REDUCTION OF CRIMINAL PENALTIES BY THIS ACT IS INTENDED TO HAVE RETROACTIVE EFFECT.


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OfflineKazok4000
Seeker of truth

Registered: 10/21/22
Posts: 98
Loc: Eu
Last seen: 2 days, 3 hours
Re: Proposition 122 and You! - A writeup and explanation [Re: DharmaForKarma] * 1
    #28061091 - 11/20/22 03:02 AM (1 year, 2 months ago)

Thank you for your work on that !


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OfflineFaithShallSaveThee


Registered: 09/20/22
Posts: 16
Last seen: 8 months, 18 days
Re: Proposition 122 and You! - A writeup and explanation [Re: DharmaForKarma] * 1
    #28062341 - 11/20/22 07:57 PM (1 year, 2 months ago)

Exactly. Thank you for the clarification, I should have mentioned that. The results of the election must be certified by the governor no more than 30 days after Election Day, at which point this will be enshrined into law. That would be December 8th.

My opinion is that while this bill retroactively allows the overturning of prior convictions that would have been legal under this bill, meaning that police have little reason to pursue such cases in the meantime, there are no protections in place for federal prosecution yet AFAIK. You'd have to be running a fairly large op, selling large quantities, or mouthing off to the wrong people to get caught by the federal government, but it's still a good idea to keep quiet until the bill has been officially put into law.


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