Will Mushrooms Soon Be Legal in CO?

In the U.S., Colorado is a state that views controlled substances a little more liberally than others. It was one of the first states to make marijuana legal, which makes it a bit of a trailblazer when it comes to modern drug laws – and they keep progressing. In 2019, voters in Denver elected to pass a referendum that decriminalized the use of psilocybin for adults over the age of 21.

Next on the ballot for Colorado voters to decide is the legal status of psychedelic drugs, including psychedelic mushrooms and other natural psychedelics. The Act on which voters will have their say proposes legalizing the cultivation, testing, sale, and purchase of magic mushrooms and their psychoactive compounds, psilocin, and psilocybin. It also seeks to do the same for psychedelic drugs, such as DMT and mescaline, that are not made from peyote.

However, the current state of psychedelics in Colorado contrasts sharply with the changes in the proposed act on which voters may put their stamp. So, while things may be changing soon, it’s a good idea to brush up on what Colorado laws say about the possession of magic mushrooms and other psychedelics.

The Current State of Magic Mushrooms

In Colorado, it is illegal to sell, manufacture, possess, and distribute psilocybin. It has no accepted medical uses, and a healthcare provider cannot prescribe it. In fact, the unlawful use of this substance is considered a Level 2 misdemeanor in the state, which means if you are found guilty of it, you can go to jail for up to one year and be made to pay up to $750 in fines.

However, the courts in Colorado can choose to give you probation and a smaller fine, or they may opt to send you to jail for just 120 days – or 180 days if you have two previous charges.

If you are found in possession of mushrooms in an amount of more than four grams, then it’s a Level 4 drug felony. That can send you to prison for up to one year and make you responsible for fines of as much as $100,000. If you have less than four grams, it may be reduced to a Level 1 drug misdemeanor, which can imprison you for 18 months and order you to pay as much as $5,000 in fines.

Selling mushrooms can also land you in legal jeopardy, currently. What type of felony you face depends on the amount you had. In extreme cases, it can send you to prison for as little as two years or as much as 32 years. You can also be made to pay up to $1 million in fines.

Denver Colorado Magic Mushrooms Drug Possession Charges

What About Other Psychedelics?

The state currently considers other psychedelics such as DMT, ibogaine, and LSD to be Schedule 1 substances. This means that you will face criminal charges for possession of these substances. However, in 2019, the governor signed a law that made personal possession of Schedule I or II drugs into misdemeanor charges instead of felonies.

If you are facing charges involving psychedelic mushrooms or related substances, contact an attorney immediately. It’s important to understand the nature of the charges you may be facing and your rights.


About the Author:

Denver-based criminal defense and DUI attorney Jacob E. Martinez is a knowledgeable and experienced litigator with a record of success providing innovative solutions to clients facing criminal charges of any severity. Countless legal organizations have recognized Mr. Martinez for his exemplary defense work, including Avvo, Best DWI Attorneys, Expertise, Lawyers of Distinction, The National Trial Lawyers, and others. He was also named one of the 10 Best in Client Satisfaction in Colorado by the American Institute of Criminal Law Attorneys for 2020 and is Lead Counsel rated.