Colorado's Proposition 122: A Guide to Psychedelic Plant Laws in 2023

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Understanding Colorado’s New Proposition 122 for San Pedro Cactus & Peyote

What is Colorado's Proposition 122?

One hot topic in our community is Colorado's Proposition 122: Access to Natural Psychedelic Substances - a game-changer for certain psychedelic plants and fungi such as San Pedro Cactus, Magic Mushrooms, and other plant based medicines. This blog will help you to understand how this law change affects you if you collect San Pedro Cactus and live in or outside of Colorado.

Proposition 122 emerged from the November 2022 ballot in Colorado as a significant legislative initiative. This statute won over a majority vote of 53.64%, signifying shifting perspectives on psychedelic plants and fungi and took effect July 1, 2023. 

This follows suit with other initiatives to decriminalize entheogenic plants such as Oregon Propositions 109 and 110 and Washington D.C. with Initiative 81, also known as the Entheogenic Plant and Fungus Policy Act of 2020. California Cities such as Oakland, Santa Ana, and Santa Cruz have also pushed forward legislation to decriminalize entheogenic plants. 

Election results of Colorado's Proposition 122


The Effect of Proposition 122 on Psychedelic Plants, Cactus and Fungi

Proposition 122 decriminalizes the personal use, cultivation, possession, and transportation of select psychedelic plants and fungi for adults aged 21 and above. Key substances in this list include DMT, ibogaine, mescaline (excluding peyote), psilocybin, and psilocyn. 

Limits of Proposition 122: What It Doesn't Do

While Proposition 122 paves a new path, it's important to understand its boundaries. The measure doesn't legalize the retail sale of psychedelic plants and fungi but rather sets the groundwork for a regulated access program to these natural medicines under supervised conditions in certified healing centers. This only applies within the state of Colorado and limits have not been established for cultivation or possession for personal use as of yet. 

Exploring Mescaline-Containing Cacti: Trichocereus Genus, San Pedro, and the Exception of Peyote

When considering mescaline-containing plants, it's crucial to understand their legal status. While Colorado's Proposition 122 decriminalizes certain psychedelic plants and fungi, the Peyote cactus, Lophophora williamsii—known for its high mescaline content—remains a Schedule I controlled substance in the United States. This makes the possession, cultivation, and use of Peyote illegal without a specific license or exemption. Furthermore, due to extensive poaching, slow growing Peyote populations in the wild have suffered greatly.

Image of Peyote Cactus


Given these limitations, and under the guidelines of Proposition 122, many may see the San Pedro Cactus and its hybrids such as Peruvian Torch Cactus, Bolivian Torch Cactus, or Trichocereus Scopulicola and others in the Trichocereus Genus as the logical and practical alternative among mescaline-containing cacti. San Pedro grows more quickly and abundantly than Peyote, making it a more ecologically responsible choice. However, we cannot advocate or suggest any use of our cacti other than for their ornamental value. Any discussion of non-ornamental usage can lead to cancellation of orders and potential exclusion from our store.

Buying San Pedro Cactus: Legal Considerations Outside Colorado

While Proposition 122 represents progress in Colorado, remember that laws vary by state. At present, buying San Pedro cacti for ornamental purposes is legal in all states outside and including Colorado. Yet, using these cacti for mescaline extraction is federally illegal in the U.S. We urge our community members to understand their local, state, and federal laws while buying and cultivating these plants.

San Pedro Source: Your Go-To for Legal, Ornamental Cacti

We want to emphasize that San Pedro Source promotes the legal, ornamental appeal of our precious cacti. We foster a community that appreciates cacti's inherent beauty and diversity while maintaining a safe, law-abiding space for our shared passion. We reserve the right to cancel orders and potentially ban customers who suggest illegal activities, regardless of the state in which they reside and the current laws in place therein.

Despite the changes introduced by Proposition 122, our mission remains unwavering: to offer you the highest quality cacti for your collection in a safe and professional way. We relish in sharing the joy of gardening and the thrill of collecting, and we are honored to be your trusted source for all things cacti.

Colorado Prop 122 Support for Psychedelic Plant Laws

Arguments in favor of and against Colorado’s Proposition 122

 Arguments in favor of and against Colorado’s Proposition 122

Colorado's Proposition 122 has sparked significant interest and garnered strong support from individuals who believe in progressive changes to the laws governing psychedelic plants. These proponents embrace the potential benefits that these substances can offer and advocate for responsible and regulated access. Here are the key reasons behind their growing favor for Proposition 122:

  • Therapeutic Potential of Psychedelics: Supporters of the bill emphasize the potential therapeutic benefits of psychedelic substances. They believe that these substances, when used under professional guidance and in controlled settings, can provide new avenues for treating mental health conditions such as depression, anxiety, and PTSD.

“Colorado voters saw the benefit of regulated access to natural medicines, including psilocybin, so people with PTSD, terminal illness, depression, anxiety and other mental health issues can heal,” - co-proponents, Kevin Matthews and Veronica Lightening Horse Perez.

  • Alternative Treatment Options: Proponents argue that expanding access to psychedelic plants offers individuals alternative treatment options. They see these substances as complementary to traditional therapies, providing unique and potentially transformative experiences that can promote emotional healing and personal growth.
  • Consciousness Exploration and Spiritual Growth: Many advocates view psychedelic substances as catalysts for consciousness exploration and spiritual growth. They believe that these experiences can lead to profound insights, expanded perspectives, and a deeper understanding of oneself, others, and the world.
  • Access to Education and Information: Supporters stress the importance of harm reduction and education. They argue that by regulating access to psychedelic substances, reliable information and resources can be provided to minimize risks and promote responsible use. They emphasize the significance of proper set and setting, accurate dosing, and integration support to ensure safety and positive outcomes.
  • Personal Freedom and Autonomy: Proponents assert that individuals should have the right to make informed choices about their own consciousness and well-being. They see the criminalization of psychedelic substances as a limitation on personal freedom and advocate for a more enlightened and inclusive approach.

Colorado Prop 122 Public Safety Concerns 

While the changing laws surrounding psychedelic plants and fungi offer new possibilities, it is important to address both safety concerns and public concerns surrounding these substances.

  • Lack of Knowledge and Proper Research: Despite growing interest, our understanding of psychedelic substances is still limited. More research is needed to fully comprehend their effects, potential risks, and long-term consequences. The lack of comprehensive scientific data makes it crucial for individuals to approach psychedelic use with caution and be mindful of the uncertainties involved.
  • Limited Access to Reliable Information: Access to accurate and reliable information about psychedelic substances can be challenging. Public concerns about the lack of standardized protocols, dosing guidelines, and quality control measures should be addressed. It is important to ensure that end users have access to reliable information from reputable sources to make informed decisions. 
  • Importance of Product Dosage and Quality: Public concerns about the potency and purity of psychedelic substances should be acknowledged. Inaccurate dosing or consumption of impure substances can lead to unexpected and potentially adverse effects. Establishing quality control measures and providing clear guidelines for product dosage can help address these concerns.
  • Lack of Integration and Supportive Care: Public concerns about the potential psychological effects and the need for integration and supportive care should be considered. Adequate support and resources should be available to individuals who undergo psychedelic experiences, ensuring proper integration of insights gained during the experience and addressing any challenging emotions or psychological effects that may arise.
  • Public Concerns Opposing the Bill: It is important to acknowledge public concerns opposing the changing laws surrounding psychedelic plants and fungi. These concerns may stem from various perspectives, including cultural, religious, or ethical viewpoints. Engaging in open and respectful dialogue about differing opinions can help address these concerns and foster a balanced understanding of the topic.
  • Sacrificing Safety for Money: Some argue that prioritizing profit over health can lead to negative consequences, such as inadequate safety regulations or the exploitation of vulnerable populations.

“My other concern is that you have another for-profit industry whose business it is to increase intoxication and sale so that they can please shareholders rather than protect the public health,” - Kevin Sabet, who leads the Foundation for Drug Policy Solutions

By addressing both safety concerns and public concerns, policymakers and stakeholders can work towards a more comprehensive and balanced approach to the changing laws surrounding psychedelic cactus , fungi, and plants. This involves considering the potential risks and benefits, providing reliable information, and ensuring that public concerns are heard and addressed in the process.

The Potential Future of Psychedelic Plant Laws

Laws like Colorado's Proposition 122 could signal a future where traditional medicines are more widely accepted. We encourage you to advocate for these changes by contacting your local lawmakers if you believe in the therapeutic and spiritual potential of these natural substances. 

We want to empower our community with knowledge about important developments like Proposition 122 while encouraging responsible, legal practices. So whether you're a seasoned collector, a botanical newbie, or an advocate for natural medicines, San Pedro Source is here to be your guide and ally. Remember: the future of laws like Proposition 122 could depend on voices like yours. Reach out to your local lawmakers, stay informed, and help bring about change. 

Rows of San Pedro Cactus

Conclusion: Colorado's Proposition 122

Here are the key points we've covered in this blog:

  • Colorado's Proposition 122: decriminalizes the personal use, possession, growth, and transport of certain psychedelic plants and fungi, cactus for adults aged 21 and older. such as San Pedro Cactus, Magic Mushrooms, and other plant based medicines.
  • Peyotes Limitations: Despite this change, the Peyote cactus remains a Schedule I controlled substance in the United States.
  • Other Mescaline Containing Cacti: The Trichocereus genus, including San Pedro and Peruvian Torch, are popular mescaline-containing cacti. At San Pedro Source, we offer these cacti solely for their ornamental appeal.
  • Purchasing San Pedro: Purchasing cacti outside of Colorado is legal, but its non-ornamental usage may not be, depending on your state's laws. It’s crucial to note that despite state laws changing, Under Federal Law any non-ornamental usage is strictly illegal, and mescaline remains a schedule I substance.
  • Ornamental Use: We strongly remind our customers that our cacti are intended only for ornamental purposes. Any Mention of non-ornamentale use can result in order cancellation and potential exclusion from our store.
  • Prop 122 Pros: Proponents of Proposition 122 believe that by legalizing and regulating psychedelics, people can open the doors to further scientific exploration, provide safer access for individuals seeking alternative treatments, and potentially revolutionize mental health care.
  • Prop 122 Cons: Opponents of Proposition 122 believe that the unregulated use of psychedelic plants increases the risk of misuse, addiction, and potential harm. Legalizing these substances without proper safeguards and education could potentially result in increased availability and accessibility, leading to unintended consequences for public health and safety. 
  • Future Advocacy And Change: There is potential for laws like Proposition 122 to be adopted in other states, and advocacy for such changes can make a difference.

Join Our Cacti Community at San Pedro Source

At San Pedro Source, we're passionate about the natural beauty and diversity of cacti. We're committed to providing you with the highest quality cacti for your collection, all within a safe, law-abiding community. As we navigate the changing landscape of traditional medicine laws, we continue to focus on our mission: enriching your world with the joy and thrill of gardening and collecting cacti. Join us on this journey and be part of our vibrant community. Happy collecting!

Disclaimer: The content of this blog post is provided for informational purposes only and is not intended as legal or medical advice. Before considering any use of psychedelic plants or exploring new forms of therapy, it is highly recommended to consult with your physician or mental health professional for personalized guidance and evaluation. It is crucial to always abide by the laws and regulations applicable in your local, state, and federal jurisdictions when collecting and cultivating plants. At San Pedro Source, the plants we offer are intended solely for ornamental purposes. We strictly prohibit and do not endorse the use of these plants for any non-ornamental purposes. Any discussion of non-ornamental usage will result in order cancellation and potential exclusion from our store.