(719) 328-1616

The History and Current Landscape of the Legalization of Mushrooms in Colorado

Colorado was a pioneer when it came to legalizing cannabis. Colorado voters have now passed a measure to legalize mushrooms, trailing the legalization in Oregon, who legalized mushrooms in 2020.

Learn about the history of mushroom legalization in Colorado and what this means if you have been charged with mushroom possession or usage.

The History of Legalizing Mushrooms in Colorado

In May of 2019, Denver, Colorado became the first city in the U.S. to decriminalized psilocybin mushrooms. Then, in November of 2022, voters passed the Natural Medicine Health Act of 2022, a proposition that legalized adults 21 years of age or older the opportunity to partake “magic” mushrooms. The measure narrowly passed, receiving 52% of the votes.

The Colorado Revised Statutes Title 18, or Criminal Code, has now been amended to be in line with the provisions in the “Natural Medicine Health Act of 2022,” Article 170. It states that, “Persons in compliance with the Act shall not be charged criminally with either possession, use, distribution or manufacturing, public nuisance, growing, or possession of drug paraphernalia.” If you were charged with criminal mushroom usage in the past, you may now be eligible to seal your record.

Using Mushrooms Legally in Colorado

Individuals, 21 years of age or older, will be able to use mushrooms at a healing center regulated by DORA. Healing centers will not be available until DORA has made the rules public, however, they have until September 2024 to complete this task. This act has also decriminalized personal private as well. Regulations will not permit the retail sale of mushrooms and is considered illegal.

Psilocybin and psilocin are still considered a schedule III drug under the Controlled Drugs and Substances Act and you cannot use mushrooms in school, in public, or while you’re driving a vehicle. If you are found guilty of violating these rules, you could face charges and potentially get jail time, a big fine, or both. For instance, if you are charged with a level 1 drug misdemeanor, you could be sent to jail for up to 180 days or be on probation for two years. You might also have to pay a fine of up to $5,000.

If you distribute, sell, manufacture or dispense drugs, you could be charged with a felony. For example, if you’re charged with a level four drug felony, you could be sent to jail for up to 12 months, have to pay a fine of up to $1,000, and pay a drug offender surcharge of up to $1,500. Level three drug felony penalties include up to four years in prison, one year of required probation, a fine of up to $500,000, and a drug offender surcharge of $2,000.

When you’re facing charges, you have the option to obtain private counsel or be appointed a public defender if you qualify. If you are facing criminal charges, you need the best defense attorney to protect your freedom and reputation. Drug possession could cause you to lose years of your life if you are convicted and sent to prison. Make sure you hire an experienced criminal defense lawyer in Colorado as soon as possible.

Get in Touch with the Law Offices of Clifton Black

Do you need help with criminal charges that involve mushrooms or other drugs charges? Contact the Law Offices of Clifton Black for help today. Our experienced team of attorneys and paralegals are ready to defend your rights to the access of natural medicines and are ready to help. Call us now at (719) 328-1616 or get in touch on our website.


Law Offices of Clifton Black, PC