Over 10,000 Criminal Cases Handled in the Denver Area

2 notable new drug laws for 2023 in Colorado

On Behalf of | Jun 26, 2023 | Criminal Law, Drug Charges |

Several new drug laws were enacted in 2023. Obviously, the Centennial State is well known for its progressive drug laws, and that tradition continues. Still, there are severe penalties for using, selling or manufacturing certain drugs. Below is a brief rundown of what Coloradans (and visitors) need to know.

Fentanyl Accountability and Prevention Act

House Bill 22-1326 addresses the use of synthetic opiates like fentanyl. The law requires that those arrested for the use of these illegal drugs will undergo a substance abuse assessment to determine an appropriate treatment program. Once the defendant completes their court-ordered treatment, the court reduces the charges from felony to misdemeanor. Treatment may include medication-assisted treatment for anyone diagnosed with OUD (Opioid Use Disorder).

Natural Medicine Health Act

Proposition 122 now makes it legal for adults 21 and over to possess, grow or use so-called “natural medicine” found in magic mushrooms. The list of substances includes:

  • Psilocybin
  • Psilocin
  • Dimethyltryptamine
  • Ibogaine

Private residents are legally allowed to grow mushrooms and specific entheogenic fungi and plants as long as they are kept away from people under 21. Along with using and possessing these natural drugs, individuals can legally transport them and give them to others for personal use if there is no payment. Residents and visitors will also be able to purchase these natural drugs by 2024 at state-regulated healing centers.

Drug charges are still possible

Just because state lawmakers take an enlightened approach to consuming certain drugs recreationally, many drugs are illegal to be sold or manufactured in Colorado. Fentanyl is one of them, but also keep in mind that (for example) Proposition 122 does not apply to mescaline extracted from peyote. Those arrested on drug charges can still benefit from the services of a criminal law attorney who protects their client’s rights and best interests.