Criminal Defense Lawyers

Psilocybin Mushroom Laws in Colorado

Psilocybin Mushroom Laws in Colorado

Psilocybin mushrooms, commonly known as “magic mushrooms“, have a long history of traditional use in indigenous cultures for spiritual, medicinal, and recreational purposes. The main psychoactive compounds in these mushrooms are psilocybin and psilocin. In recent years, there has been growing interest in the therapeutic potential of psilocybin, with research indicating benefits for depression, anxiety, addiction, and more.In 2019, Denver became the first US city to decriminalize psilocybin mushrooms. This paved the way for broader reform efforts across Colorado. In November 2022, Colorado voters passed Proposition 122, which legalized psilocybin and other plant medicines in the state.

Decriminalization of Psilocybin in Colorado

Proposition 122, also known as the Natural Medicine Health Act, decriminalized the personal use, possession, and sharing of psilocybin mushrooms for adults 21 and older in Colorado. It also allows for legal access to psilocybin services at licensed “healing centers” in the future.Specifically, the law decriminalized

:

• Psilocybin
• Psilocin
• DMT
• Ibogaine
• Mescaline (not peyote)

This means it is no longer a crime for adults 21 and older to cultivate, possess, transport, or use these plant medicines for personal use. The law also allows people to share these substances without remuneration.However, the sale of these substances remains illegal in Colorado. The proposition also does not legalize psilocybin retail sales.

Personal Use

Under the new law

, adults 21 and older can legally:

• Grow psilocybin mushrooms at home, as long as minors are kept away from the mushrooms. Home cultivation is limited to a 12×12 ft space.
• Possess up to 2 ounces of dried mushrooms or its equivalent amount in other forms like chocolate bars.
• Use psilocybin mushrooms and other plant medicines.
• Share or gift (but not sell) psilocybin mushrooms with other adults 21 and older.

Public consumption of psilocybin is still prohibited, with civil penalties like fines. It is also illegal to share these substances with anyone under 21.While personal cultivation and use are now legal under state law, psilocybin remains illegal at the federal level

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. This means there is still some legal risk involved.

Accessing Psilocybin Services

In addition to decriminalizing personal use, Proposition 122 creates a regulatory framework for legal supervised access to psilocybin and other plant medicines at licensed “healing centers“

.The first healing centers are expected to open in late 2024 or 2025. Here‘s what we know about how they will operate:

• Clients must undergo preparation and integration sessions before and after consuming psilocybin at a healing center.
• Psilocybin services must be supervised by trained “facilitators”.
• Consumption of psilocybin will take place in a safe, comfortable environment inside the facility. Clients cannot take psilocybin products home with them.
• Healing centers will be licensed and regulated by the state’s Department of Regulatory Agencies.
• In addition to psilocybin, the law allows healing centers to offer supervised services with DMT, ibogaine, and mescaline starting in 2026.

Accessing psilocybin through a licensed healing center will provide legal protections, safety regulations, and professional support. However, these services may be expensive and not covered by health insurance initially.

The Psilocybin Services Industry

With regulated access to psilocybin services on the horizon, Colorado is poised to develop a new industry focused on the safe, therapeutic use of these substances.Some key things to know

:

• Hundreds of aspiring psychedelic companies, therapists, and other entrepreneurs are expected to apply for state licenses.
• Facilitator training programs are already launching to prepare guides for this new industry.
• A range of business models will likely emerge, from luxury retreats to affordable community centers.
• Equity, accessibility, and integration of traditional plant medicine wisdom will be important considerations.
• Significant investment capital is flowing into Colorado’s budding psilocybin industry.
• Local governments have a role to play in zoning and regulating healing centers.

There remain many open questions about how exactly this new industry will take shape in Colorado. But the passage of Proposition 122 has opened the door for legal, regulated access to psilocybin therapy.

The Legal Gray Area

While personal use of psilocybin has been decriminalized, obtaining mushrooms is still somewhat of a legal gray area.

• It is illegal to sell psilocybin mushrooms in Colorado. But gifting and sharing without payment is permitted.
• An underground market exists where mushrooms are gifted or traded. Law enforcement tends to look the other way.
• Some retreats and guides operate in a legal loophole by accepting “donations” or “fees” rather than selling mushrooms.
• Spore syringes can be purchased legally and used to grow mushrooms at home.
• Foraging for wild psilocybin mushrooms may technically be legal but carries risks.

Navigating the gray market to obtain mushrooms comes with some legal ambiguity. Many opt to grow their own mushrooms or obtain them through friends. Legal access will be much clearer when healing centers open.

Looking Ahead

The passage of Proposition 122 marks a major milestones in the psychedelic reform movement. Colorado is at the forefront of developing a regulated system for legal psilocybin access.What comes next? Here are some key things to watch:

• The Natural Medicine Advisory Board will finalize industry rules and regulations in 2023.
• Cities and counties may create additional local regulations around healing centers.
• Entrepreneurs will continue building new companies and services in preparation for state licensing.
• As the industry grows, there will likely be a need for more oversight and adjustments to the regulations.
• If the rollout goes smoothly, further efforts to expand access may gain momentum.
• Clinical research into psilocybin will continue, fueling medical acceptance.
• Legalization in Colorado could influence policy changes in other states.

The implementation of regulated legal psilocybin access will take time. But Proposition 122 has opened a historic opportunity to develop a new approach to plant medicines in Colorado.

Conclusion

While federal prohibition remains in place, Colorado has taken a landmark step by decriminalizing personal use of psilocybin mushrooms and creating a legal pathway for supervised psilocybin services. There is still uncertainty around how the new industry will take shape. However, many are hopeful that broader access to psilocybin therapy will help address widespread mental health needs. With appropriate regulation and safety precautions, Colorado may set an example for responsible legal integration of psilocybin mushrooms and other plant medicines.

Resources

Learn more about psilocybin mushroom laws in ColoradoOverview of Proposition 122 and personal use rulesPsilocybin laws and penaltiesHow healing centers will operate