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Psychedelic regulations, Miranda rights, car theft penalties among new Colorado laws taking effect July 1

Thirteen newly signed laws will take effect Saturday, bringing with them new regulations around the use of psychedelics, tighter criminal penalties for auto thefts, and a codification of Miranda rights in Colorado state law.

The state legislature, which finished its work for the year in early May, passed 484 bills, forwarding them to Gov. Jared Polis’ desk. He vetoed 10 — a personal record — and allowed an 11th (regarding state employee insurance premiums) to pass into law without his signature.

Some new laws took effect immediately, but July 1 is a typical start date by which new statutes begin to kick in.

Saturday is also the start of the state’s new fiscal year, meaning the legislature’s new $38.5 billion budget will become effective then, too. Other new laws govern criminal sentencing, a new felony for pointing a laser at an aircraft, and exempting small businesses out of retail delivery fees.

Past provisions of old bills kick in now, too: The deadline for law enforcement agencies in the state to have body cameras, set forth by a sweeping reform bill back in 2020, is July 1.

Here are some of the new laws taking effect:

Miranda rights

HB23-1155 codifies Miranda rights — the “you have the right to remain silent” advisement that law enforcement reads before interrogating someone — into state law. The U.S. Supreme Court undercut Miranda rights last year when it ruled that police couldn’t be sued for not reading someone their rights, and Colorado lawmakers said they wanted to ensure the Miranda requirements were enshrined in state statute.

Under the law, courts can’t admit statements into evidence made by defendants if they haven’t been read their Miranda rights, like that they don’t have to talk and have a right to speak to an attorney.

Psychedelics

Senate President Steve Fenberg’s declaration that he used to be called “Mushroom Steve” notwithstanding, one legislator joked that SB23-290 — which puts certain guardrails and details around newly legalized psychedelics — was a bill that everybody hated.

But, lawmakers said, they felt the bill was vital to ensure proper implementation of the voter-approved Proposition 122.

The bill limits the size of personal mushroom grows and clarifies what’s legal in terms of sharing and selling homegrown product. It shifts regulatory authority for legalized healing centers to a different agency within state government and bars local governments — some of which wanted more control over psychedelics in their areas — from stepping in.

Auto thefts

The scale of car thefts in Colorado was a major talking point last year, and Polis urged policymakers to revisit the law that made it a felony to steal cars worth more than $2,000 but a misdemeanor to take anything cheaper.

Lawmakers did just that this year, passing SB23-097 in bipartisan fashion. Neither supporters nor critics say the change will solve auto thefts, but supporters said it was an important step to create equal standards.

Delivery fees

SB23-143 exempts small businesses — those with annual retail sales of $500,000 or less — from the state’s 27-cent retail delivery fee.

According to a state fiscal analysis of the bill, fees were paid on 161.2 million deliveries between July and December 2022, of which 2.5 million would’ve been exempt had this law been in place then.

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