Committee advances trigger bill to allow FDA‑approved psilocybin medicine to be prescribed in Colorado

The House Committee on Health & Human Services voted to send House Bill 25-1063 to the Committee of the Whole after hearing testimony both supporting and opposing a trigger mechanism that would let Coloradans access an FDA‑approved psilocybin-based prescription medicine if and when the drug is approved and rescheduled by federal authorities.

Sponsoring Representative Brian Hartsook described HB 25-1063 as a “trigger” bill: if the United States Food and Drug Administration approves a prescription drug containing crystalline polymorph psilocybin and the Drug Enforcement Administration reschedules it for medical use, the bill would allow that FDA‑approved product to be prescribed, dispensed, transported, possessed and marketed in Colorado. “This is simply a trigger bill that says upon FDA approval, this is now another tool that professionals…can use in their toolkit to treat anybody,” Hartsook said.

Tess Betler, senior manager for advocacy and state government policy at Compass Pathways, testified in support and explained the bill covers synthesized, pharmaceutical formulations (Compass’s candidate was identified as COMP360 in testimony). She emphasized the bill would not legalize or decriminalize psilocybin generally and would have no effect unless and until the FDA and DEA take federal action.

A citizen witness, Jimmy Smurs, testified in opposition, arguing the bill could advantage a single proprietary firm, create competitive disadvantages for entrepreneurs in Colorado’s implementation of the Natural Medicine Health Act (Proposition 122), and carry fiscal risks. Smurs urged caution and recommended public‑private arrangements and further fiscal planning; he provided rough estimates (testimony) that program startup and oversight costs could be materially larger than licensing fee revenue. Committee members asked witnesses and staff about clinical trial timing; sponsors and witnesses said federal trials are underway but could take years.

Representative Brown, a co‑prime sponsor, and Representative Hartsook said the bill would simply make FDA‑approved medicines available in Colorado without changing state decriminalization or the regulated natural medicine market platforms. A legislative fiscal analyst told the committee the bill’s fiscal analysis focused narrowly on changes to controlled‑substances definitions and did not model second‑order market impacts described by opponents.

After further discussion on clinical evidence, controlled‑environment administration, and questions about access and cost, Representative Brown moved HB 25-1063 to the Committee of the Whole with a favorable recommendation. The committee recorded a roll call and the clerk announced the bill passed “12 to 1.” The bill now proceeds to the Committee of the Whole for further floor consideration.