A bill introduced this legislative session aims to prohibit the sale of certain marijuana products to customers aged 21 to 25, and ban the production of psilocybin edibles for use in Colorado’s forthcoming psychedelic-assisted therapy industry.

Senate Bill 25-076, introduced on Jan. 22, proposes a myriad of new regulations that target the state’s industries dealing in intoxicating substances. It is sponsored by Democrats Sen. Judy Amabile and Rep. Kyle Brown, and Republican Sen. Byron Pelton.

As the bill is currently written, individuals under age 26 would be prohibited from purchasing recreational cannabis with a potency of more than 10% tetrahydrocannabinol (THC) and any inhalable products with added flavor ingredients, including terpenes. Purchase restrictions for this age group would apply not only at dispensaries, but also at marijuana hospitality establishments, which are third spaces that permit cannabis consumption onsite.

SB 25-076 proposes new labeling requirements on marijuana products based on the level of THC they contain, as well as new limits on the serving and package size of inhaled marijuana. Inhalable cannabis products would be limited to 500 milligrams, or half a gram, in packaged weight.

Alton Dillard, spokesperson for One Chance to Grow Up, a Denver-based youth prevention organization, said Colorado’s regulations need to evolve alongside the marijuana industry to protect kids and young adults.

The nonprofit was instrumental in drafting the bill.

“When Amendment 64 passed (legalizing recreational marijuana), anything that was like smokable plant material was maybe 2% to 5% THC. Now some of the plant-based stuff, the potency is up closer to 15%,” Dillard said. “And when you start getting into the waxes and vapes and the various concentrations there, those can be as high as 90%.”

That’s why the bill suggests developing a colored label system to denote THC potency. Any products with less than 5% THC would be labeled with a small blue strip; those with 5-14% THC would be labeled with a yellow strip; 15-49% THC products would have an orange strip; and anything containing 50% THC and above would be in red.

The age restriction would align with when scientists say young people’s brains reach full development, Dillard said. “It’s not just a number pulled out of a hat,” he said.

Chuck Smith, president of marijuana trade group Colorado Leads, opposes the age restrictions arguing they would roll back voter rights and threaten to revitalize the illicit market.

“The proposal would prohibit a huge swath of legal adult consumers from accessing about 90% of the safety-compliant products available in Colorado cannabis stores, costing the state substantial tax revenue and job losses,” Smith said in a statement provided to The Denver Post.

Regarding psilocybin, also called natural medicine in Colorado, the bill would prohibit licensed manufacturers from making mushroom candy, chocolate and other edible products with added flavor or sweetener for use in legal psychedelic-assisted therapy.

Amabile and Dillard said these suggestions are intended to make psilocybin less attractive to youth. Dillard cited recent increases in calls to poison control centers involving psychedelics and youth overdoses as reasons for more regulation.

Colorado’s regulated framework for psychedelic-assisted therapy is set to launch this spring, so any mushrooms the public has gained access to so far are not part of the legal system. Still, having candy available sends the wrong message, Amabile said.

“Theoretically, alcohol is only for adults. Theoretically, marijuana is only for adults. But if these products are around, if they’re being mass-produced, they are going to find their way into the hands of kids,” she said in an interview.

Tasia Poinsatte, director of the Colorado branch of the Healing Advocacy Fund, called the bill “problematic” because it implies the state’s newly minted psychedelic-assisted therapy industry is similar to recreational cannabis. The Healing Advocacy Fund has been one of the most prominent voices in local discussions and rulemaking around psychedelic therapy.

Colorado’s law prohibits the establishment of mushroom dispensaries, like those that currently sell marijuana. Psilocybin mushrooms and products will only be available to adults who participate in a supervised therapeutic trip at a licensed facility, known as a healing center.

Conflating the two business models could confuse residents by suggesting any ‘shrooms available for sale are legal, Poinsatte said.

Additionally, the bill targets Colorado’s social equity program, which offers financial and technical assistance to entrepreneurs looking to break into the cannabis industry. The program is aimed at correcting past wrongs from the war on drugs, which disproportionately affected minorities. This bill proposes making that assistance available to businesspeople in any industry, even though it’s funded by marijuana tax revenue.

Amabile said this proposal will be removed in response to community feedback. Next, the bill goes to the Senate’s business committee, but it has yet to be scheduled for discussion.