Psychedelic Therapy & Law Update – October 2025

Clarification of Facilitator’s Right to Handle Medicine under NMHA

In the Colorado regulated NMHA healing center context, the rules say that licensed Facilitators can administer natural medicine to participant, but how broad is the term administer? Can Facilitators for example move medicine from a secure area and hand it to a participant? This created some confusion as the full rights of Facilitators to touch and handle natural medicine at a healing center. The regulator has clarified that a Handler License is required to handle Regulated Natural Medicine in any way on any Licensed Premises, including at a Healing Center. If you hold an active Facilitator License, you can still facilitate an Administration Session at a licensed Healing Center without having a Handler License. But in that case someone with a Handler or Owner License (Owner licenses comes with Handler privileges) would also need to be present in order to handle and dispense the Natural Medicine for you. Within the regulated space the only scenario where a Facilitator who does not also hold a Handler License can handle Regulated Natural Medicine is if the facilitator is requesting Regulated Natural Medicine for use at “another location as allowed by article 170 or article 50 of title 44,” such as when a Participant is homebound. In that scenario, a Facilitator without a Handler License can request and receive Regulated Natural Medicine from a Healing Center, Product Manufacturer, or Cultivation Facility. If you have any questions about this rule, please contact Sean for more information.

Uncertainties about Facilitators in Colorado practicing in both the decrim and NMHA regulated systems

A top question being answered by the Firm recently has been whether someone with a Facilitator license can also do work in the decriminalization/personal use area of the Colorado law. First, it’s important to understand there is not a clear answer to this question and there are many unknowns about this topic. If you want no risk, all Facilitators should avoid any paid work in the personal use area of Colorado law. However, the Firm has handled cases lately that lead it to believe there is a path to work in both areas of the law. It is imperative that any work in the regulated space and personal use areas be completely separate and a full disclosure is made to the participant to be clear that work in the personal use space is not regulated and you are not acting as a licensed facility. Even with those disclosures, there are several uncertainties around advertising, disclosures, risks of claims of practicing facilitation outside of the regulated model, so extreme caution is urged here. For more input, contact Sean to set up a consultation and find out about consent forms sold by the Firm that attempt to make this distinction of separation.

NMHA Advisory Board Begins Facilitator Requirements Discussion for Iboga/Ibogaine

The Natural Medicine Advisory Board continues to discuss the addition of iboga/ibogaine to the regulated system. The Board has produced an unofficial draft version of iboga/ibogaine facilitator requirements, which includes the initial recommendations for educational, experiential, and additional licenses and support staff required to work with this medicine. To review the draft version of facilitator requirements for iboga/ibogaine, see here. I strongly encourage the public to closely monitor this process and make public comment to improve the rules. If you  have questions about this new medicine and program, reach out to Sean for more guidance. The next Advisory Board meeting is November 13, 2025 at 1pm mountain time. You can register for the Board meeting here.