The short answer is ‘shrooms and several other psychedelic substances have been decriminalized in Colorado. There are of course some limitations on the use and sale of magic mushrooms and other psychedelic substances like DMT and mescaline. Keep on reading below to learn more about the new laws.
Important note: Psychedelic substances decriminalized under the Colorado Natural Medicine Health Act of 2022, are still Federally illegal. Even though Colorado has decriminalized the possession of these substances for personal use, that doesn’t mean you aren’t in violation of federal law.
Big changes in 2022
Colorado, a state known for its progressive stance on various social issues, has made headlines once again with its legislation decriminalizing certain psychedelic substances. This article will discuss the legality of magic mushrooms and other “psychedelic drugs” in Colorado, including the possession, use, and sale. Even though it only passed by a slim margin with Colorado voters, the Natural Medicine Health Act created a new paradigm for personal use and future establishment of clinics and research into the health benefits of psychedelics.
Legal Status of Magic Mushrooms in Colorado
What are often called “Magic mushrooms” are naturally occurring mushrooms which contain the psychoactive compound psilocybin or psilocin. These mushrooms have hallucinogenic properties, but they are also purported to have incredible therapeutic benefits.
As of 2023, Colorado has taken a groundbreaking step by decriminalizing the personal possession and use of psilocybin mushrooms. This new legislation was supported by a substantial (and growing) body of research suggesting that psilocybin can have significant benefits for mental health, particularly in treating conditions like depression, anxiety, and PTSD.
Decriminalization happened through the passage of Proposition 122, also known as the Natural Medicine Health Act (NMHA), which was passed by Colorado voters in 2022. It is important to understand that the law doesn’t make psilocybin mushrooms entirely legal, but it removes criminal penalties for personal use and possession by adults aged 21 and over. This approach mirrors the state’s earlier legislation decriminalizing marijuana (cannabis). The language of the Act makes it clear that the purpose of the law is related more to public health initiatives and harm reduction, rather than focusing on criminal penalties.
The Colorado Natural Medicine Health Act of 2022, CRS 12-170-101, et seq. describes the legislative purposes of the bill as follows:
THE PURPOSE OF THIS NATURAL MEDICINE HEALTH ACT OF 2022 IS TO ESTABLISH A NEW, COMPASSIONATE, AND EFFECTIVE APPROACH TO NATURAL MEDICINES BY:
(I) ADOPTING A PUBLIC HEALTH AND HARM REDUCTION APPROACH TO NATURAL MEDICINES BY REMOVING CRIMINAL PENALTIES FOR PERSONAL USE FOR ADULTS TWENTY-ONE YEARS OF AGE AND OLDER;
(II) (II) DEVELOPING AND PROMOTING PUBLIC EDUCATION RELATED TO THE USE OF NATURAL MEDICINES AND APPROPRIATE TRAINING FOR FIRST RESPONDERS; AND
(III) (III) ESTABLISHING REGULATED ACCESS BY ADULTS TWENTY-ONE YEARS OF AGE AND OLDER TO NATURAL MEDICINES THAT SHOW PROMISE IN IMPROVING WELL-BEING, LIFE SATISFACTION, AND OVERALL HEALTH.
Possession and Use of Magic Mushrooms
Under the new law, individuals are allowed to possess, grow, and use psilocybin mushrooms for personal use. However, it’s important to note that while decriminalization means reduced penalties, it doesn’t equate to full legalization. This distinction is important; while you won’t face criminal charges for having small amounts of psilocybin in Colorado, distribution to others could still result in criminal charges. Don’t forget the Federal law. If you run afoul of the DEA, you could still face federal charges. You definitely do not want to cross State lines with any psychedelic drugs in your possession. What is decriminalized in Colorado, could land you in prison for years in Kansas.
Personal use typically involves using these substances in private settings. Public use remains prohibited, similar to marijuana/cannabis laws. This means you cannot consume psilocybin mushrooms in public parks, on the streets, or in other public areas.
Sale of Magic Mushrooms
Despite the decriminalization of possession and use, the sale of psilocybin mushrooms remains illegal in Colorado. The law is very clear on this point: while you can legally possess/use magic mushrooms personally, you cannot sell them to others. If you sell psilocybin mushrooms or other psychedelic drugs in Colorado, you could be facing felony drug distribution charges. However, giving these substances to others for free is legal, if they are over 21. Note: Ibogaine may not be shared with others legally.
This NMHA was designed to control the spread and commercialization of psilocybin, ensuring that its use remains personal and therapeutic rather than commercial. The state is cautious about creating a regulated market of recreational and medicinal sales similar to that of cannabis. The Act does allow for the future licensing of clinics, or “healing centers” that will provide and supervise the use of psilocybin.
Other Substances Decriminalized in Colorado
In addition to psilocybin, the Natural Medicine Health Act has also decriminalized several other psychedelic substances. These substances decriminalized in the NMHA include:
DMT (Dimethyltryptamine): Known for its intense, but short-lived psychedelic effects. DMT is a naturally occurring compound found in various plants and even in amphibians and fish. The Colorado River toad, also called the Sonoran Desert toad, Bufo Alvarius produces DMT. Some tree frogs also produce bufotenine, a DMT analog. There are several species of fish, including two types of mullet, that naturally produce DMT analogs
Ibogaine: Derived from the root bark of the African plant Tabernanthe iboga, ibogaine has been used for centuries in traditional African ceremonial rituals. It is believed that its use may be helpful in treating addiction to other substances. Personal use and possession of ibogaine are now decriminalized in Colorado by the NMHA. Ibogaine may not be shared/give away to others.
Mescaline: The psychedelic compound Mescaline is found in certain cacti, such as peyote and San Pedro. Mescaline has a long history of use in Native American (South and North American) spiritual practices and rituals. The decriminalization of mescaline applies specifically to non-peyote sources.
Responsible Use And Safety
With the decriminalization of psychedelic substances, Colorado law stresses the importance of responsible use and safety. The NMHA specifically states that the law is to allow for the use of these substances for their public health benefits, and Coloradans should educate themselves on the risks and benefits before use.
This includes becoming well-informed about their effects, potential risks, and proper dosages. The state encourages users to approach these substances with caution and respect. Ideally use would be in controlled, safe environments. Psychedelic pioneer Timothy Leary often referred to the proper “set and setting” when using psychedelic substances.
Colorado is fostering the future development of psychedelic-assisted therapy in a clinical environment. This involves using psychedelics like psilocybin under the guidance of trained professionals (“facilitators”) to treat mental health conditions like depression, anxiety and PTSD. These therapies would be conducted in controlled settings to ensure the patients receive the therapeutic benefits in a safe environment
The Future of Psychedelics
Colorado voters have shown their intent is to remain at the forefront of alternative medicine through the passage of legislation decriminalizing marijuana and psychedelics. The language of the NMHA act itself prioritizes safe use of psychedelic substances focusing on the therapeutic benefits, specifically for mental health conditions. As Colorado moves to allow licensed healing centers, it should provide fertile ground for more research about the benefits of DMT, psylocibin and Ibogaine.
As this is a new and evolving area of law, there will be continuing updates and changes over time. It is important to state up to date on the current status of the legality of psychedelic drugs in your area. If you have questions about the law regarding psychedelics in your state, seek the advice of a local criminal defense lawyer.