Colorado just planted its flag in the ground on a major psychedelic policy shift — with a twist. While not legalizing psilocybin outright, a new law signed by Governor Jared Polis means doctors could prescribe a synthetic form of the substance the moment it’s federally approved. Meanwhile, Virginia’s governor shut down a similar proposal, calling it “too soon.”
Two states. Same idea. Very different outcomes.
Colorado Moves First With Eye on the Future
Governor Jared Polis signed House Bill 1063 into law last week, putting Colorado ahead of the curve — at least on paper.
It doesn’t change the current state legality of psilocybin. The real move is in what it anticipates. If the FDA signs off on crystalline polymorph psilocybin — a specific lab-made version of the psychedelic — Colorado doctors would immediately be allowed to prescribe it. No additional legislation, no bureaucratic delays.
That might sound like a technicality, but in the slow grind of public health policy, it’s a big deal.
Rep. Anthony Hartsook, the bill’s Republican sponsor, made it clear this isn’t about jumping the gun — it’s about not dragging feet later. He pushed for a proactive move so patients won’t be stuck waiting once the science and the federal green light are both in place.
“I don’t want veterans or people with treatment-resistant conditions waiting months or years after federal approval just for us to catch up,” Hartsook said in January.
Virginia Pulls Back the Reins
Governor Glenn Youngkin doesn’t see it the same way. At all.
Despite bipartisan support in the legislature, he vetoed SB 1135 — which was functionally identical to Colorado’s bill — citing the lack of current FDA approval and calling the move “premature.”
In his veto statement, Youngkin said that while the therapeutic potential of psychedelics might be promising, the state shouldn’t authorize anything that hasn’t gone through the full vetting process at the federal level.
That’s fair, on one hand. But for advocates in Virginia, it was a punch in the gut. To them, it’s not about skipping steps — it’s about not falling behind.
One-sentence paragraph? Here you go: The science is moving fast, but state politics isn’t always keeping pace.
What Is Crystalline Polymorph Psilocybin, Anyway?
This isn’t the stuff found in magic mushrooms. It’s a refined, pharmaceutical-grade version. Think of it like how morphine comes from opium — different form, same base molecule.
It’s being developed for serious medical use, primarily:
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PTSD and major depressive disorder
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Treatment-resistant depression
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End-of-life anxiety
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Possibly substance use disorders
This isn’t your neighborhood microdosing kit. This is medicine — or at least it’s trying to be.
Compass Pathways, a UK-based biotech firm, is already deep into Phase 3 clinical trials of its version of synthetic psilocybin, known as COMP360. If all goes well, FDA approval could arrive as early as late 2025.
Here’s how states compare right now on synthetic psilocybin readiness:
| State | Status of Psilocybin Bill | Governor Action | Doctor Prescription Allowed After FDA Approval? |
|---|---|---|---|
| Colorado | Passed (HB25-1063) | Signed by Gov. Polis | Yes |
| Virginia | Passed (SB 1135) | Vetoed by Gov. Youngkin | No |
Why Now? A Race Against the Bureaucratic Clock
So, why are states suddenly talking about psychedelic prescriptions if nothing’s legal yet?
Simple: FDA approval is getting closer. And lawmakers — at least in Colorado — don’t want their hands tied when it happens.
Psilocybin-assisted therapy has shown serious promise in early studies. Johns Hopkins and NYU have both published research showing sustained improvements in depression and anxiety scores, especially in patients who haven’t responded to standard treatments.
That’s why legislators like Hartsook are pushing now. “This isn’t some fringe thing anymore,” he told local media. “It’s real science helping real people.”
Politics, Health, and Psychedelics: A Weird Mix
Here’s where it gets tricky. This isn’t just a science or policy issue — it’s political.
Colorado’s governor is a Democrat. Virginia’s is a Republican. But Colorado’s bill sponsor? Also a Republican. So it’s not really a red-blue thing.
It’s more like a “future-focused” vs. “play-it-safe” mindset.
Some lawmakers, especially in states with large veteran populations, are pushing for mental health alternatives. Psychedelics — once dismissed as hippie drugs — are now being eyed as possible answers to decades-old problems.
But others still see too much cultural baggage. Psilocybin isn’t exactly mainstream. And the word “psychedelic” still triggers alarm bells for some voters.
One-liner again: Old reputations die hard.
What Happens Next?
In Colorado, nothing happens right now — but the setup is ready. The bill becomes useful only if and when the FDA gives its stamp of approval.
In Virginia, the conversation hits a wall. Advocates will have to regroup, possibly try again next session or find alternate legislative routes.
One thing’s for sure: The national debate on psychedelics isn’t fading. If anything, it’s just warming up.
And while two states walked different paths this week, they’re both part of the same bigger question — how do we balance medical innovation with political caution?