TL;DR
- Colorado’s Proposition 122 decriminalized psilocybin mushrooms for adults 21 and older, allowing personal possession, home cultivation, and limited sharing.
- Selling, commercial distribution, and use on federal land or in public spaces remain illegal.
- There are currently no licensed dispensaries, though regulated “healing centers” may be developed in the future.
- Possession is decriminalized rather than fully legalized, creating ongoing legal gray areas and enforcement uncertainty.
- Penalties for selling mushrooms remain severe, especially for larger amounts or sales involving minors.
What Are the Mushroom Laws in Colorado?
The State of Colorado made a major legal decision in November 2022 when it became the first state in America to decriminalize the recreational use of psychedelic mushrooms by passing Proposition 122¹, a citizen-driven initiative aimed at addressing mental health challenges with natural, alternative treatments. In this legendary vote, the ability to grow and use psilocybin mushrooms was approved by a slim 53% margin. According to the new law, anyone over the age of 21 can legally possess, and consume psilocybin mushrooms recreationally. As with the decriminalization and subsequent legalization of any previously illegal substance, a whole host of questions crop up as to how many magic mushrooms can be grown, or can you be in possession of? What are legal ways to use psychedelic mushrooms? And many others. Colorado’s psychedelic laws are still new and highly specific. Stepping outside of these boundaries, such as selling mushrooms or possessing too much, can quickly necessitate the help of a drug crimes lawyer.
Are Mushrooms Legal in Colorado?
Yes, psilocybin mushrooms are legal for certain personal uses in Colorado. Adults 21 and older may possess, grow, consume, and share psilocybin mushrooms with other adults, subject to Colorado law. However, selling psilocybin mushrooms for personal use remains illegal, public use is prohibited, and psilocybin remains illegal under federal law.
What Is Legal Under Colorado’s Mushroom Laws?
Under Colorado law, adults 21 and older may:
- Possess psilocybin mushrooms for personal use
- Grow psilocybin mushrooms in a private, secure location
- Use psilocybin mushrooms in permitted private settings
- Share psilocybin mushrooms with other adults 21 and older without payment
- Access psilocybin through Colorado’s regulated natural medicine program
Proposition 122 also applies to other natural medicines, including psilocin, DMT, ibogaine, and mescaline, excluding peyote. Different restrictions may apply depending on the substance and activity.
What Is Illegal Under Colorado’s Mushroom Laws?
Colorado’s changes to psilocybin laws do not mean that mushrooms can be used or distributed without restrictions. Activities that remain illegal or restricted include:
- Selling psilocybin mushrooms for personal or recreational use
- Commercially distributing mushrooms outside Colorado’s regulated natural medicine system
- Using psilocybin mushrooms in public spaces
- Providing psilocybin mushrooms to anyone under 21
- Driving while impaired by psilocybin mushrooms
- Possessing psilocybin on federal property where federal drug laws apply
Can You Buy Magic Mushrooms in Colorado?
You cannot legally purchase magic mushrooms from a recreational dispensary or retail mushroom store in Colorado. The state’s natural medicine laws created a regulated system where adults 21 and older can access psilocybin services through licensed healing centers and facilitators.
This system is different from Colorado’s recreational marijuana market. Psilocybin mushrooms are not sold through ordinary retail dispensaries for people to take home and use recreationally.
Can You Grow Magic Mushrooms in Colorado?
Adults 21 and older may grow psilocybin mushrooms for personal use in Colorado, provided they follow the state’s restrictions. Cultivation must occur in a private location that is secured from access by anyone under 21.
Growing mushrooms for personal use does not give someone the right to sell what they grow. Commercial sale or distribution outside Colorado’s regulated natural medicine system remains prohibited.
Are Magic Mushrooms Legal Under Federal Law?
No. Psilocybin remains illegal under federal law, even when possession or use is permitted under Colorado law. This distinction is particularly important on federal property in Colorado, including national parks and other federally controlled land.
Colorado’s mushroom laws protect certain activities under state law, but they do not change federal drug laws.
Is Psilocybin Legal or Decriminalized in Colorado?
Colorado law allows adults 21 and older to engage in certain personal-use activities involving psilocybin mushrooms without violating state law. This includes possessing, growing, consuming, and sharing psilocybin without payment when the activity complies with Colorado’s requirements.
However, this does not mean psilocybin is unrestricted in Colorado. Selling mushrooms for personal use, using them publicly, providing them to minors, and other activities can remain illegal. Psilocybin also continues to be prohibited under federal law.
Can You Get a DUI for Driving on Mushrooms in Colorado?
Yes. Driving under the influence of psilocybin mushrooms is illegal in Colorado. Although certain personal uses of psilocybin have been decriminalized, Colorado’s DUI laws still apply if mushrooms or another psychedelic substance impair your ability to safely operate a vehicle.
A driver suspected of being impaired by psilocybin can be arrested and charged with DUI. Potential consequences can include fines, jail time, driver’s license consequences, and a criminal record.
Are Magic Mushrooms Legal on Federal Land in Colorado?
No. Psilocybin remains illegal under federal law. Colorado’s mushroom laws do not override federal law on federally controlled property.
Possessing or using psilocybin mushrooms in places such as national parks, national forests, military installations, and other federal property can therefore expose a person to federal criminal charges even though Colorado has decriminalized certain personal-use activities.
From Marijuana to Mushrooms: The Evolution of Drug Policy in Colorado
The roots of this change can be traced back to the legalization of marijuana over a decade ago. That landmark decision set the stage for discussions about other substances with potential medicinal benefits. Advocates, including doctors, veterans, and mental health professionals, pushed for psilocybin mushrooms to be recognized for their therapeutic potential, particularly for conditions like depression, anxiety, and PTSD.
Proposition 122 reflects a growing recognition of these benefits and aims to create a framework for responsible use while steering away from punitive measures for possession. Where the state finds itself currently is in the gray area, where there are many questions related to the legal use of magic mushrooms, as well as how to enforce laws accurately for those who overstep the bounds of what this new decriminalization means.
At Rodemer | Kane, we have an excellent reputation and winning record of helping individuals who have been charged with drug offense in Colorado. If you are facing drug charges related to the possession or selling of magic mushrooms or other psychedelics, we urge you to reach out to our Colorado Springs law office to speak with a drug offense lawyer near you. You do not have to go down without a fight. At Rodemer | Kane, we will fiercely advocate for you. Contact us today. 719-635-7886
Understanding the New Magic Mushroom Laws in Colorado
It’s important to understand that while Colorado has taken steps to decriminalize the possession of magic mushrooms throughout the state, there are still many ways that an individual could find themselves in trouble with the law regarding the use and possession of psychedelic mushrooms.
What Changed With the Psychedelic Drugs Laws In Colorado?
The biggest change that came with Prop 122 is the decriminalization of possession and usage of five psychedelic drugs — psilocybin, psilocin, dimethyltryptamine (DMT), ibogaine and mescaline, but only for personal use. An individual can grow and share these drugs, with the exception of ibogaine, which is still illegal to be shared. It is also still illegal to sell any of the aforementioned substances. The only aspect of using these drugs where money can legally change hands is in “harm reduction services,” like education and guidance to using these drugs.
What Are The Restrictions Regarding Magic Mushrooms in Colorado:
If you plan to grow or use magic mushrooms in the state of Colorado, you need to be aware of the following restrictions.
- Federal Land: Similar to marijuana laws, possessing mushrooms on federal property can lead to federal charges, since it is only the state that has decriminalized the possession of these substances. If charged with marijuana possession on federal land you will need a federal criminal defense attorney to fight your case.
- Municipal Variances: Local governments retain the authority to enforce stricter rules. For instance, Colorado Springs has expressed resistance to allowing possession within city limits. It is important to be aware of your specific jurisdiction’s regulations related to the possession of magic mushrooms to protect yourself from potential criminal charges.
- Public Use: Using mushrooms in public spaces, schools, or workplaces remains off-limits throughout the state.
Can Anyone Buy Psilocybin Mushrooms In Colorado?
Anyone over the age of 21 who lives in Colorado is eligible to grow mushrooms on a 12×12 foot on private property. Once the mushrooms have been cultivated, there is no legal limit to the amount that can be in their possession. It is, however, illegal to buy or sell magic mushrooms throughout the state. These are still felony offenses with serious penalties.
How Many Magic Mushrooms Can You Possess in Colorado?
Colorado law does not establish a specific weight limit for the personal possession of psilocybin mushrooms by adults 21 and older. Proposition 122 decriminalized the personal possession, growing, use, and sharing of psilocybin and certain other natural medicines.
However, possession for personal use is different from selling or commercially distributing psilocybin. Selling magic mushrooms for recreational or personal use remains illegal in Colorado. The amount possessed, how the mushrooms are packaged, evidence of sales, and other circumstances could become relevant if law enforcement suspects illegal commercial activity.
Adults who possess psilocybin should also remember that Colorado’s laws do not override federal law, and other restrictions can apply depending on where and how the mushrooms are possessed or used.
Where Can I Get Psilocybin Mushrooms in Colorado?
Colorado does not have recreational magic mushroom dispensaries where adults can purchase psilocybin products to take home. However, adults 21 and older can now access psilocybin through Colorado’s regulated natural medicine program at licensed healing centers, where natural medicine services are provided with the support of licensed facilitators.
Outside the regulated system, Colorado law allows adults 21 and older to grow psilocybin mushrooms for personal use and share them with other adults without payment, subject to state restrictions. Selling psilocybin mushrooms for personal or recreational use remains illegal. Licensed healing centers should not be confused with retail dispensaries, as Colorado prohibits the general commercial sale of psilocybin mushrooms.
Can Someone From Out of State Get Magic Mushrooms in Colorado?
If you live outside of Colorado, but travel into the state it is legal for you to be in possession of magic mushrooms and to use them, so long as you follow the current rules related to their use which include the prohibition of using them on federal land like National Parks, and in public places, school, or workplaces. If you leave the state to go home, it is important to follow the rules and regulations of the state you are entering. At this time only Colorado and Oregon allow the possession of magic mushrooms, in all other states the possession of these substances is a felony offense.
What Happens if I Get Caught Selling Magic Mushrooms in Colorado?
As stated above, although it is now legal to grow your own psilocybin mushrooms in Colorado and to share most varieties with others, it is still illegal to sell those same mushrooms. For individuals who are caught selling magic mushrooms, the penalties remain harsh and dependent on the amount of drug involved, as well as the age of the individual being sold to:
Up to 14 grams: If you are charged with intent to sell up to 14 grams of psilocybin mushrooms, it is considered a Level 3 drug felony. This type of felony is punishable by 2-4 years in prison and fines ranging between $2,000 and $500,000.
More than 14 grams but no more than 225 grams: If you are charged with attempting to sell 14 grams to 225 grams of psilocybin mushrooms, it is a Level 2 drug felony. This level of felony comes with harsher penalties such as jail time of up to 4-8 years, and fines between $3,000 and $750,000.
More than 225 grams: Anyone charged with distributing this amount of psilocybin mushrooms faces a Level 1 drug felony charge. If found guilty of this charge, you could be looking at prison time ranging from 8-32 years and fines between $5,000 and $1 million.
If you are charged with selling magic mushrooms to a minor (and at least two years younger than the distributor) the crime will then qualify to be upgraded to a Level 1 drug felony, regardless of the amount being sold.
Legal Gray Areas Regarding the New Colorado Magic Mushroom Laws
While the new magic mushroom laws aim to create a safer environment, it leaves several ambiguities:
- Driving Under the Influence: There is no standardized measure for determining psilocybin intoxication, creating challenges for law enforcement.
- Sharing vs. Selling: The line between sharing and illegal distribution remains murky. Questions about whether bartering constitutes selling are yet to be clarified.
- Municipality Enforcement: Residents need to be aware of the specific regulations in their cities and counties.
Psilocybin has been lauded for its potential in mental health treatment. Veterans, in particular, have turned to microdosing as an alternative to traditional prescriptions for PTSD and depression. Unlike conventional drugs, psilocybin has been shown to promote new neural connections, offering a fresh approach to managing long-term mental health issues.
However, research is still catching up, and safety concerns, such as the risk of “bad trips,” highlight the need for proper guidance and controlled environments. There will undoubtedly be more changes to the law in the near future as more information becomes available.
Contact A Drug Offense Attorney Near You
Decriminalization marks a significant step forward, but the ultimate goal for many advocates is legalization. Legalization would pave the way for regulated dispensaries, quality control, and taxation—much like the state’s marijuana model.
For now, the focus remains on studying the impacts of decriminalization. Lawmakers and researchers are closely monitoring outcomes to determine the viability of broader reforms in the future. As Colorado embarks on this new chapter, it’s clear that the conversation around psilocybin mushrooms is just beginning. For residents, understanding the nuances of Proposition 122 is key to navigating this evolving landscape responsibly. While challenges remain, this policy shift underscores the state’s commitment to exploring alternative solutions to pressing mental health concerns. If you find yourself facing charges related to the possession or selling of magic mushrooms or other psychedelics, contact Rodemer | Kane to speak with one of our criminal defense lawyers, we will fight to make sure your rights are protected. Contact us today. 719-635-7886
Sources:
¹https://leg.colorado.gov/sites/default/files/initiative%2520referendum_proposition%20122%20final%20lc%20packet.pdf