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Are Psychedelic Mushrooms Legal in Colorado?

Posted on 02/28/24

Understanding the legal state of psychedelic mushrooms, also referred to as psilocybin mushrooms, in Colorado is crucial for individuals living or visiting the state. The legality of these substances varies from one state to another and can have serious penalties if their use violates local laws.

Are Psychedelic Mushrooms Legal in Colorado

What Are Psilocybin Mushrooms?

Psilocybin mushrooms, often known as psychedelic or magic mushrooms and referred to informally as “shrooms,” are a type of fungus that naturally produces psilocybin – a compound that results in hallucinogenic effects when consumed. 

They’re commonly used recreationally for the ‘high’ that they offer, and – increasingly – for their spiritual experiences that are said to catalyze self-discovery or soul-searching journeys.

Consuming psilocybin mushrooms is not without risks. Negative or potentially harmful experiences can occur with use, including feelings of intense fear and paranoia — commonly known as a “bad trip.”

Psychedelic Mushrooms Are Now Legal in Colorado 

Beginning in 2023, Colorado has made it legal to use and possess specific psychedelic substances. Adults aged 21 and over are now legally allowed to possess, consume, and share psilocybin (psychedelic mushrooms), psilocin (found naturally in certain types of fungi like psychedelic mushrooms), DMT (Dimethyltryptamine), ibogaine, and mescaline.

Proposition 122 proposes amending Colorado statutes to: 

decriminalize the personal possession, growing, sharing, and use, but not the sale, of five natural psychedelic substances by individuals aged 21 and over, including two substances found in psychedelic mushrooms — psilocybin and psilocin — and three plant-based psychedelic substances — dimethyltryptamine, ibogaine, and mescaline…

Under these laws, adults can also cultivate their own supply of psychedelic mushrooms at a private residence. However, they must restrict access to individuals under the age of 21.

While Colorado has legalized certain substances, it’s crucial to note that on a federal level, psilocybin (the active ingredient in magic mushrooms) is still classified as a Schedule I drug under the Controlled Substances Act.

Penalties For Unlawful Sale of Psilocybin Mushrooms

Despite the decriminalization of certain matters pertaining to magic mushrooms, Colorado maintains harsh penalties for selling these drugs. Penalties depend on the amount of drug involved:

Up to 14 grams: This is considered a Level 3 drug felony, punishable by 2 to 4 years in prison and fines ranging between $2,000 and $500,000.

More than 14 grams but no more than 225 grams: This is labeled as a Level 2 drug felony and attracts harsher penalties such as imprisonment for 4 to 8 years along with fines between $3,000 up to $750,000.

More than 225 grams: Anyone found guilty of distributing this amount faces a Level 1 drug felony charge. The penalties escalate considerably for this category with potential prison time ranging from 8 to 32 years and fines spanning between $5,000 and $1 million.

Additionally, selling psilocybin mushrooms to a minor (and at least two years younger than the distributor) qualifies as a Level 1 drug felony as well.

Contact a Criminal Defense Lawyer If You’re Facing Charges

If you find yourself facing charges related to psychedelic mushrooms or any other controlled substances, it’s imperative that you seek experienced legal representation immediately. A skilled criminal defense lawyer can evaluate your case, explain your rights and potential defenses, navigate complex state and federal laws, and advocate on your behalf. Contact Anaya & Chadderdon to schedule a free consultation with a criminal defense lawyer.