Natural Medicine Ordinance

Project Summary

Staff is bringing forth an ordinance which proposes to amend Title 17, Zoning of the Broomfield Municipal Code, to address changes in state law relating to natural medicine.

On April 29, 2025, a study session was held to provide an overview of the proposed framework of municipal code changes to address natural medicine in Broomfield compliant with state regulations.

Ordinance No. 2270 would amend the Municipal Code to establish alignment with state law and to establish local regulations related to time, place and manner.

Ordinance Details and Staff Analysis

Ordinance No. 2270 amends the Broomfield Municipal Code to add a section 17-02-110 related to natural medicine and natural medicine businesses. Additional information on the background of natural medicine in Colorado is provided below.

Background on Natural Medicine

Coloradans approved Proposition 122 (the Decriminalization, Regulated Distribution, and Therapy Program for Certain Hallucinogenic Plants and Fungi Initiative) on November 8, 2022. Approval of Proposition 122 defined certain psychedelic plants and fungi as natural medicine, including dimethyltryptamine (DMT), ibogaine, mescaline (excluding peyote), psilocybin, and psilocyn. Proposition 122 also decriminalized the personal use, possession, growth and transport of natural medicines for persons 21 years old and older; and created the Regulated Natural Medicine Access Program for licensed healing centers to administer natural medicine services. Proposition 122 did not provide for retail sales of psychedelic plants and fungi. Proposition 122 decriminalized natural medicine but did not establish an implementation strategy to roll out natural medicine.

As a result of Proposition 122’s lack of implementation strategies, the Colorado Legislature passed SB23-290 as part of the 2023 General Assembly Regular Session. SB23-290 replaced Proposition 122 and went into effect on July 1, 2023. The Colorado Legislature adopted Senate Bill 24-198 (SB24-198) as part of a clean up of the regulatory framework established in SB23-290.

Proposition 122, and subsequently SB23-290 and SB24-198 reaffirmed that local jurisdictions may not prohibit natural medicine uses or adopt regulations that are unreasonable or are in conflict with state law but can regulate the time, place and manner of the uses. Local jurisdictions could also under state law opt into creating a local licensing system, but dual licensing was not intended with the regulations adopted by the State.

Staff reviewed ordinances related to natural medicine facilities created by Arapahoe and El Paso Counties and the City of Boulder. Staff has also reviewed information from the Colorado Municipal League (CML) on time, place and manner regulation approaches available and undertaken by other communities to regulate natural medicine facilities.

Time regulations are related to when natural medicine facilities can operate. CML notes that municipalities have shown a moderate amount of variation in regulating operational hours for natural medicine facilities.

CML notes that place related regulations vary. Natural medicine facilities are divided into two distinct categories in most municipal codes. First, there are "natural medicine businesses," which are where natural medicine is cultivated, manufactured, and tested. Second, there are "natural medicine healing centers," which are facilities where people are supervised while taking natural medicine.

Natural medicine businesses are typically zoned for industrial or light industrial, with some communities allowing for placement in commercial areas. Natural medicine healing centers are typically permitted in commercial and business districts; however, some municipalities also restrict natural medicine healing centers to industrial zoning.

Another factor affecting the placement of natural medicine facilities is the distance from schools. State law requires natural medicine facilities to be at least 1,000 feet from any school, unless local law allows for a shorter distance (C.R.S. 44-50-302(1)(d)(I)). Most municipalities have implemented this 1,000-foot restriction. However, the City of Boulder and the City of Trinidad, have reduced the distance to 500 feet and the Town of Granby has eliminated this restriction entirely.

Some municipalities have adopted additional criteria to limit the placement of natural medicine facilities in their communities. Several municipalities require all natural medicine facilities to be at least 1,000 feet from residential dwellings. Other municipalities require natural medicine facilities to be a certain distance from each other.

Manner regulations are related to how municipalities may restrict the operation of facilities. CML notes that municipalities have adopted a variety of regulations on the manner in which natural medicine facilities operate. These regulations primarily concern the security of the facilities, safe storage of natural medicine, and potential nuisances. State law does include elements regulating these aspects, but some communities have chosen to increase regulations related to the manner in which natural medicine facilities operate.

A draft version of the proposed ordinance has been included in the document library of this page and is consistent with the language as proposed for first reading. Should any changes be request by City Council during first reading those changes will be reflected in a revised draft and attached to this page following the October 1st scheduled meeting.

Public Engagement

he Broomfield Voice platform will allow for feedback on the proposed amendments to the Broomfield Municipal Code, and community engagement is encouraged. Comments received will be gathered and summarized to provide feedback as part of the public hearing process.

There will be an opportunity at the public hearing for the second reading of the proposed ordinance for additional public comments to be provided for City Council’s consideration.