John Miller
In 2019, Denver became the first US city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. This was a significant turning point in local drug policy, reflecting a broader shift toward public health-oriented drug policies. While the ordinance did not legalize mushrooms, it made enforcing psilocybin-related offenses the lowest priority for local law enforcement. However, in 2025, Denver City Council repealed this law, as voters across Colorado had approved the decriminalization of psilocybin statewide, creating a legal therapeutic industry. This has sparked concerns about the impact on small producers and the emergence of a 'gray market' for mushrooms.
| Characteristics | Values |
|---|---|
| Year of decriminalization | 2019 |
| First city to decriminalize | Yes |
| Drug type | Psilocybin mushrooms |
| Extent of decriminalization | Local law enforcement made enforcing psilocybin-related offenses the lowest priority |
| Legal status | Technically illegal, but local authorities chose not to prosecute small-scale personal possession cases actively |
| Buying, selling, or distributing | Remains illegal and prosecutable |
| Personal possession, cultivation, use, and sharing | Not illegal or grounds for arrest |
| Age limit | 21 and older |
| Limitations | No advertising, and the drug has to be shared, not sold |
| Regulatory framework | State law offers a framework for a broader array of natural medicines including psilocybin, psilocin, DMT, ibogaine, and mescaline |
| Size of private spaces for cultivation | No bigger than 12 feet by 12 feet |
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What You'll Learn
- Denver was the first US city to decriminalize psilocybin mushrooms in 2019
- The city has since adopted a new licensing law for psilocybin businesses
- Decriminalization does not equal legalization, and buying/selling remains illegal
- The change was driven by a broader shift towards public health-oriented drug policies
- The state plans to launch a strictly regulated mushroom industry
Denver was the first US city to decriminalize psilocybin mushrooms in 2019
Denver has been at the forefront of significant legal reforms regarding drug possession and usage. In 2019, it became the first US city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. The passage of Initiated Ordinance 301 marked a turning point in local drug policy, reflecting a broader shift towards public health-oriented strategies. While decriminalization doesn't equate to legalization, Denver's ordinance effectively de-prioritized psilocybin-related offenses, making them the lowest priority for local law enforcement. This meant that adults aged 21 and older possessing psilocybin mushrooms for personal use were not actively prosecuted locally, though buying, selling, or distributing remained illegal and prosecutable.
The move towards decriminalization in Denver was driven by a recognition that punitive measures alone are insufficient in addressing drug-related issues. Instead, a harm reduction approach was prioritized, focusing on minimizing negative consequences associated with drug use. This shift in perspective aligned with a broader trend towards public health and harm reduction strategies in drug policy, aiming to reduce the immediate threat of criminal penalties for simple possession. Denver's decision to decriminalize psilocybin mushrooms set a precedent for re-evaluating drug policies and exploring alternative approaches that prioritize public health and safety.
The impact of Denver's decriminalization extended beyond the city limits. It sparked conversations and influenced policies across the nation, challenging the longstanding war on drugs and its focus on criminalization. Denver's bold step encouraged a reexamination of the effectiveness of criminal penalties in drug control and prompted discussions on the potential benefits of alternative approaches, such as regulation and harm reduction. The city's experience provided valuable insights into the complexities of drug policy and the need for innovative solutions that address the multifaceted aspects of drug use, abuse, and public health.
While Denver's initial decriminalization of psilocybin mushrooms was groundbreaking, the story didn't end there. In March 2025, the Denver City Council repealed the landmark ordinance as voters across Colorado approved an even bigger change: the statewide decriminalization of psilocybin and the creation of a legal therapeutic industry through Proposition 122. This statewide approach aimed to provide a clearer and more unified regulatory framework for psilocybin and natural medicines, building upon the foundation laid by Denver's pioneering efforts.
The evolution of mushroom decriminalization in Denver demonstrates a dynamic process of policy adaptation and refinement. While the city's initial move to decriminalize psilocybin mushrooms was significant, the subsequent shift towards statewide decriminalization and regulation reflects a maturing understanding of the complexities surrounding drug policy. Denver's experience highlights the importance of ongoing evaluation and adjustment in drug policy, ensuring that laws remain responsive to the needs and well-being of the community.
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The city has since adopted a new licensing law for psilocybin businesses
Denver has been at the forefront of significant legal reforms regarding drug possession and usage in recent years. In 2019, it became the first U.S. city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. This move was a significant turning point in local drug policy, prioritizing harm reduction and public health strategies over strictly punitive measures.
However, this also led to the emergence of a "gray market," with people offering guided experiences and other mushroom-related businesses flourishing. While personal possession, cultivation, use, and sharing of psilocybin were decriminalized, buying, selling, or distributing these substances remained illegal and prosecutable. This created a confusing and regulatory conflict between local and state laws.
To address this, the Denver City Council recently adopted a new licensing law, repealing the previous decriminalization ordinance for psilocybin mushrooms. This change was driven by the fact that voters across Colorado had approved an even bigger change: decriminalizing psilocybin statewide and creating a legal therapeutic industry through Proposition 122.
The new licensing law aims to support a regulated market for psilocybin businesses, bringing previously unlicensed operators into compliance through civil enforcement rather than criminal penalties. Under this framework, Denver will not limit when natural medicine businesses can operate, but enforcement will focus on businesses operating in a gray area or without a license. The city has also approved rules for psilocybin businesses, including where and how they can operate within Denver.
While some have criticized the repeal as favoring investor-backed companies, Councilmember Chris Hinds supported the voter-passed ordinance, describing it as "the natural evolution of the work we began in Denver years ago." The new law aims to provide a stronger and clearer system that builds upon the city's initial efforts to decriminalize psilocybin mushrooms.
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Decriminalization does not equal legalization, and buying/selling remains illegal
In 2019, Denver became the first US city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. The passage of Initiated Ordinance 301 marked a significant shift in local drug policy. However, it is important to understand that decriminalization does not mean legalization. While the possession and personal use of psilocybin mushrooms are effectively de-prioritized, reducing the immediate threat of criminal penalties, buying, selling, or distributing these substances remains illegal and prosecutable.
Under Denver's ordinance, enforcing psilocybin-related offenses became the lowest priority for local law enforcement. The ordinance specified that adults aged 21 and older possessing psilocybin mushrooms for personal use would not be actively prosecuted at the local level. This reflected a broader shift towards public health-oriented drug policies, focusing on harm reduction rather than strict punitive measures.
However, it is crucial to understand that psilocybin remains a Schedule I controlled substance at both the state and federal levels. Therefore, even with decriminalization, individuals engaging in the buying, selling, or distribution of psilocybin mushrooms could still face prosecution from state or federal law enforcement.
The distinction between decriminalization and legalization is essential. Decriminalization means that while the substance remains technically illegal, local authorities choose not to prosecute small-scale personal possession cases actively. On the other hand, legalization implies that the substance is fully legal and regulated similarly to alcohol or cannabis in certain states. In the case of psilocybin mushrooms in Denver, the substance remains illegal but with reduced enforcement priorities.
The gray area between decriminalization and legalization has led to the emergence of a gray market for mushrooms in Denver. With decriminalization, the perception of legal risk associated with selling mushrooms has decreased, leading to an increase in black-market cultivators offering mushrooms for sale. These sellers often utilize online platforms and secure messaging apps to advertise and distribute their products. However, it is important to reiterate that these activities remain illegal, and individuals engaging in them are still subject to prosecution under the law.
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The change was driven by a broader shift towards public health-oriented drug policies
In 2019, Denver became the first US city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. The move was driven by a broader shift towards public health-oriented drug policies, reflecting a trend toward harm reduction strategies. While the drug remains illegal, Denver's ordinance made enforcing psilocybin-related offences the lowest priority for local law enforcement. This meant that possession for personal use was effectively de-prioritized, reducing the immediate threat of criminal penalties.
The shift in Denver's drug policy is part of a broader trend in the city towards harm reduction and public health strategies. This approach aims to reduce the negative consequences associated with drug use, rather than solely relying on punitive measures. The decriminalization of psilocybin mushrooms in Denver was a significant step in this direction, recognizing the potential therapeutic benefits of the substance.
The broader shift towards public health-oriented drug policies is also evident in the state of Colorado's approach. In 2022, Colorado became the second state to decriminalize psilocybin and psilocin, the compounds found in magic mushrooms. Colorado's Natural Medicine Health Act allows for the use of mushrooms at state-regulated "healing centers" under professional supervision. It also legalizes personal private use, growing, and sharing of these substances for adults over 21.
The state's approach further emphasizes the shift towards a public health framework, as retail sales of the mushrooms are not permitted. Instead, the focus is on regulated access for therapeutic purposes. This reflects a recognition of the potential benefits of psychedelics in treating mental health issues, while also aiming to reduce potential harms through strict regulation.
The change in Denver's policy regarding psilocybin mushrooms was driven by this broader shift in drug policy approach, both within the city and at the state level. The city's initial decriminalization ordinance set a precedent for exploring alternative frameworks for substance regulation, which has since been built upon and expanded by state-level legislation. Denver's recent adoption of a new licensing law for psilocybin businesses further demonstrates the ongoing evolution of drug policies in the city, influenced by public health considerations and the aim to establish a regulated market for natural medicines.
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The state plans to launch a strictly regulated mushroom industry
In 2019, Denver became the first US city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. The move was a significant turning point in local drug policy, reflecting a broader shift toward public health-oriented drug policies. However, this also led to the rise of a grey market for mushrooms, with people offering guided experiences and other mushroom-related businesses flourishing.
While decriminalization removed criminal penalties for personal possession, use, and sharing of psilocybin, it did not legalize the substance. Buying, selling, or distributing psilocybin mushrooms remained illegal and prosecutable under state and federal laws. As a result, a range of unlicensed psilocybin businesses emerged, giving away the drug while charging for related services.
To address this, the Denver City Council recently adopted a new licensing law, repealing the previous decriminalization ordinance. This change was driven by the approval of a statewide initiative, Proposition 122, which decriminalized psilocybin across Colorado and created a framework for a regulated therapeutic industry. The new law aims to bring unlicensed operators into compliance through civil enforcement, supporting a licensed and regulated market for psilocybin.
The healing centers, where consumers will be able to pay for supervised psilocybin experiences, are still in the early stages of development. The state has only just begun drafting rules and regulations for these businesses and their employees. While the exact timeline for the industry launch is unclear, the state is actively working towards establishing a regulated framework for mushrooms and other natural medicines.
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Frequently asked questions
Yes, in 2019, Denver became the first U.S. city to decriminalize psilocybin mushrooms, commonly known as magic mushrooms. However, this ordinance was repealed in 2025 when psilocybin was decriminalized statewide.
Decriminalization means that the substance remains technically illegal, but local authorities have chosen not to prosecute small-scale personal possession cases actively.
Buying, selling, or distributing psilocybin mushrooms remains illegal and prosecutable. Since psilocybin is a Schedule I controlled substance at the state and federal levels, state and federal law enforcement could prosecute offenders.
