Aspen council weighs time, place and manner rules for psilocybin businesses

Assistant City Attorney Louisa Byrne told the Aspen City Council on Nov. 18 that the Natural Medicine Health Act of 2022 (Proposition 1‑22) allows local governments to regulate only the time, place and manner of state‑licensed natural medicine businesses, not to ban them outright. "So what we're here to discuss is, does the city of Aspen wish to impose its own time, place, and manner restriction on natural medicine?" Byrne asked as she began her presentation.

Byrne outlined the state licensing framework created by Senate Bill 23‑290 and noted five license categories: healing centers, cultivation facilities, manufacturers, testing facilities and facilitators. She emphasized that local authority is narrow: the city may increase buffer distances (the state sets a 1,000‑foot exclusion around childcare centers and schools for certain operations), regulate hours of operation, and use zoning to limit where businesses may locate, but it cannot create a separate local licensing regime or prohibit transport of regulated products through city limits.

Councilors pressed staff on precedent and practical effects. One councilor urged caution and asked for a full briefing on licensing rules, training requirements and examples from other jurisdictions. Byrne clarified that the adult personal‑use provisions of the state law do not require a clinician to administer psilocybin, and that local regulation would focus on businesses and licensed facilitators. "So just to be clear, there is no requirement in the legalization of sil of psilocybin in Colorado that it be administered by a clinician," she said.

After discussion about buffers, zoning districts and supervision, council members directed staff to work with community development to draft an ordinance and zoning options reflecting council feedback. The council did not adopt any ordinance at the meeting; staff said they would return with proposed language and analysis.