Colorado Senate passes bill that could ban social media users who post positive posts about drugs, including legal psychedelics

Colorado's Senate has approved a sweeping social media bill that would, among other provisions, address certain controlled substances, such as state-legal psychedelics, certain marijuana products and even some over-the-counter cough syrups. This could force platforms to ban users for talking positively online. ,

The legislation, SB24-158—a comprehensive proposal related to Internet age verification and content policies—would require social media platforms to immediately remove any user “who promotes, sells, or advertises any illegal substance.”

Initially this provision would have applied to all controlled substances under state law – including state-legal marijuana – but an amendment last month from the bill's sponsor, Senator Chris Hansen (D), included language saying that “a Social media platforms may allow a user to promote, sell, or advertise medical marijuana or retail marijuana to users who are at least twenty-one years of age, as long as the content complies with state cannabis laws.

The amended law will still apply to many other legal and illegal substances.

On Wednesday, the Senate voted 30-1 to pass the amended measure on third reading, with four members apologizing.

Earlier this week, the Senate Appropriations Committee also adopted two amendments to the bill, including one to add staff funding for the state Attorney General's Office and another that would make the act subject to voter approval in November.

Critics say that even with the marijuana-related amendments, the bill could create major problems for users trying to post benign and legal content around substances like cough syrup.

“The updated version will still prevent users from promoting Nyquil or anti-anxiety drugs, among many others, even though it exempts marijuana,” said R Street Institute Fellow Shoshana Weissman, who first wrote the bill's drug-related language. told Marijuana Moment last month. “And if you promote those drugs, you will be reported to law enforcement. This is foolish.”

Revised Bill It still specifies that its restrictions apply to certain cannabis products containing more than 1.25 mg of THC or a CBD-to-THC ratio of less than 20 to 1, as well as most other cannabis-containing products intended for human consumption. Those that are not “A” apply. A dietary supplement, a food, a food additive, or a herb.”

Hansen, the bill's sponsor, did not respond to separate questions or follow-up emails from Marijuana Moment asking whether his legislation intended to ban, for example, a 19-year-old medical marijuana patient who posted about medical marijuana on his Instagram Story. A user posted on Facebook that the use of Schedule V over-the-counter cough syrup helped them feel better or the possible promotion by Governor Jared Polis (D) of the state's legal psychedelics industry. Also found – as can be seen from reading the bill.

Hansen said about a month ago that he was “working on answers” to those questions. He did not immediately respond to a follow-up email on Wednesday.

Kevin Matthews, director of the campaign in Denver that made the city the first in the U.S. to decriminalize psilocybin, said on Facebook after Wednesday's vote that the bill would “block any talk about plant and fungus therapy on social media.” It would also make it almost impossible to do so without state monitoring of the network.

The language of the measure “seriously hinders the emerging psychedelic ecosystem at all levels to educate the public,” Matthews continued, “and the state apparatus to take legal action against individuals for expressing their opinions online.” Gives broad powers to

Under the proposal, social media companies would be required to update policies and post them publicly on or before July 1, 2025. Updates to social media policies also must be posted online within 14 days of implementation.

According to a legislative summary of the bill provided to the Senate committee, companies would also be required to submit annual reports to state attorneys general on “whether the current version of the published policies includes definitions and provisions related to illegal substances.” .

Earlier this year, Colorado marijuana regulators also promoted the industry's successes from last year and promoted their new hospitality rules for the industry, including increased sales limits for cannabis hospitality businesses that allow on-site use. Was involved.

One of the things he mentioned is a rule about online sales that came into effect last August. Customers will still have to physically pick up marijuana products from retailers, but now they can browse online and purchase cannabis electronically before going to the store.

Polis has praised the state's reputation on marijuana and even said in January that Colorado is “leading the country” on psychedelics, as it did with cannabis.

Polis said, “Colorado was the first state to legalize the recreational use of cannabis, setting a standard for innovation and safety and economic dynamism that has been replicated by states across the country and countries around the world who are looking to “Come here to see what Colorado did right.” In his latest State of the State address. “Now, thanks to our voters, we are once again leading the nation on natural medicine, freeing up more than 50 years of rigorous research to learn about the potential benefits for people in our state and beyond. Are.”

As for federal reform, the governor said earlier this month about marijuana that while legalization is the ultimate goal, incremental redistricting and cannabis banking reform are important “dominoes” that can help pave the way. He said Colorado continues to have “very robust conversations with the White House” about the need for policy changes.

Colorado has seen legal marijuana sales increase by more than $15 billion since opening day a decade ago. The state's nonpartisan Legislative Council Staff (LCS) released a report last August showing that Colorado generated more tax revenue from cannabis than alcohol or cigarettes during the last fiscal year. Meanwhile, the Colorado Department of Revenue's Marijuana Enforcement Division (MED) recently announced an ID verification compliance rate of 99 percent across the state's cannabis businesses.

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