Emily Johnson
In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. This means that individuals over the age of 21 are allowed to possess, consume, cultivate, and share magic mushrooms, but not sell them. While this has opened the door for a 'gray market' of unregulated mushroom-related services, Colorado plans to launch a strictly regulated mushroom industry in the future, with licensed cultivators and state-sanctioned psychedelic sanctuaries.
| Characteristics | Values |
|---|---|
| Magic mushroom laws | In 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms by passing Proposition 122. |
| Possession limits | Adults 21 and older can possess, consume, and share psychedelic mushrooms. |
| Cultivation | Adults 21 and older may cultivate psychedelic mushrooms in a private residence but must keep people under 21 away from them. |
| Retail sales | Retail sales of psilocybin mushrooms remain a drug felony in Colorado. |
| Sale to minors | Selling to a minor qualifies as a Level 1 drug felony, regardless of the amount sold. |
| Driving under the influence | There is no standardized measure for determining psilocybin intoxication, creating challenges for law enforcement. |
| Sharing vs. selling | The line between sharing and illegal distribution is unclear. |
| Municipality enforcement | Residents must be aware of specific regulations in their cities and counties. |
| Therapeutic potential | Psilocybin has been lauded for its potential in mental health treatment, particularly for conditions like PTSD, anxiety, and depression. |
| Adverse effects | Adverse effects of psilocybin include headache, nausea, anxiety, fear, paranoia, existential struggle, social disconnection, and detachment from oneself and one's surroundings. |
| Regulation | Colorado regulators are issuing licenses for providing psychedelic mushrooms and plan to authorize the state's first "healing centers," where supervised mushroom experiences will be offered. |
| Affordability | Healing centers plan to offer sliding-scale pay options, discounts for veterans and low-income individuals, and group sessions to lower costs. |
| Advertising | Senate Bill 23-290 bans all forms of advertising for unlicensed guides offering mushrooms. |
| Gray market | A "gray market" has emerged, with individuals offering mushroom-related services and guidance due to the reduced legal ramifications of selling the drug. |
| Public consumption | It is illegal to "openly and publicly" display or consume psilocybin mushrooms, with penalties including a $100 fine and 24 hours of public service. |
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What You'll Learn
- Possession, consumption, and sharing of mushrooms by adults 21+ is legal in Colorado
- Retail sales of mushrooms are illegal in Colorado
- A gray market for mushrooms has emerged in Colorado
- Colorado plans to launch a regulated mushroom industry
- Healing centres for the supervised consumption of mushrooms are expected to open in Colorado
Possession, consumption, and sharing of mushrooms by adults 21+ is legal in Colorado
In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. This was the result of Proposition 122, a citizen-driven initiative that aimed to address mental health challenges with natural, alternative treatments.
Under this new law, possession, consumption, and sharing of mushrooms by adults aged 21 and over are legal in Colorado. Adults 21 and older may also cultivate psychedelic mushrooms in a private residence, but people under 21 must be kept away from them. While the law has removed criminal penalties for these activities, it is still illegal to "openly and publicly" display or consume psilocybin mushrooms, with penalties including a fine of up to $100 and 24 hours of public service.
Although the use of psychedelic mushrooms has been decriminalized in Colorado, their sale remains illegal. Retail sales of psilocybin mushrooms are not allowed in the state, and selling magic mushrooms to a minor is considered a Level 1 drug felony. However, Colorado residents are allowed to share magic mushrooms with each other, and there has been a rise in "gray market" practitioners offering guiding services and mushroom microdosing classes.
Colorado regulators are planning to authorize the state's first "healing centers," where the mushrooms can be ingested under supervision. These centers are expected to be highly regulated, with licensed practitioners providing supervised mushroom experiences using mushrooms from licensed cultivators. The first licenses may not be granted until late 2024 or beyond, and it is unclear when these centers will become operational.
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Retail sales of mushrooms are illegal in Colorado
In 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. This means that, as of 2025, it is legal for people aged 21 and over to possess, share, and use magic mushrooms, including psilocybin, psilocin, DMT, ibogaine, and mescaline (provided they are not extracted from peyote). Adults over 21 may also cultivate psychedelic mushrooms in a private residence, as long as people under 21 are kept away from them.
However, retail sales of psilocybin mushrooms remain a drug felony in Colorado. It is a Level 1 drug felony to sell any psilocybin mushrooms to a minor who is at least two years younger than the distributor, regardless of the amount being sold. Despite the decriminalization of psilocybin mushrooms, they are still a Schedule I controlled substance under federal law, and possessing or using them remains a federal crime.
While the new magic mushroom laws in Colorado aim to create a safer environment, there are still several ambiguities. For example, there is no standardized measure for determining psilocybin intoxication, creating challenges for law enforcement when it comes to Driving Under the Influence. The line between sharing and illegal distribution is also murky, and questions about whether bartering constitutes selling are yet to be clarified.
In anticipation of the legalization of psilocybin mushrooms, a gray market has emerged in Colorado, with people offering mushroom-related services and taking advantage of the perceived fewer legal ramifications of selling the drug. Some people are growing mushrooms in closets and warehouses and "sharing" them, while others are offering Micro Monday classes and supplies for mushroom microdosing. However, these businesses may find themselves too far ahead of the curve, as the state plans to launch a strictly regulated mushroom industry with licensed cultivators and supervised healing centers.
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A gray market for mushrooms has emerged in Colorado
In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. The new law, Proposition 122, allows anyone over the age of 21 to legally possess, consume, cultivate, and share psilocybin mushrooms for personal use. However, retail sales of psilocybin mushrooms remain a drug felony in the state. This discrepancy has given rise to a gray market for mushrooms in Colorado.
The gray market consists of unlicensed practitioners who offer guiding services and facilitate mushroom microdosing experiences. These practitioners operate in a legal gray area, taking advantage of the lack of clear regulations and enforcement surrounding the sharing and distribution of mushrooms. While it is illegal to "openly and publicly" display or consume psilocybin mushrooms, there are no criminal penalties attached to such actions. This ambiguity has allowed the gray market to flourish, with some people growing mushrooms in closets and warehouses and "sharing" them broadly.
One example of the gray market in action is Travis Tyler Fluck's "Micro Mondays" event in Denver. For $30, participants attend a lecture on microdosing mushrooms and receive a month's supply of mushrooms for free. Fluck does not consider his activities to be illegal, as he frames them as educational. He argues that lawmakers and police should largely leave the unregulated market alone, allowing people to use their voices and share the healing powers of mushrooms with others.
Another example is the business Activated Brands in Arvada, which sells ready-to-grow kits and other supplies for growing psychedelic mushrooms. While the company does not directly sell mushrooms, it profits from the gray market by providing the means for individuals to grow their own mushrooms at home.
The state of Colorado recognizes the existence of the gray market and is taking steps to regulate the mushroom industry. A new state law, Senate Bill 23-290, will go into effect on July 1, 2023, banning all forms of advertising for unlicensed guides offering mushrooms. The state also plans to launch a strictly regulated mushroom industry, with licensed cultivators and state-sanctioned psychedelic sanctuaries where people can pay for supervised mushroom experiences. However, the first licenses may not be granted until late 2024 or beyond, leaving room for the gray market to continue operating in the meantime.
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Colorado plans to launch a regulated mushroom industry
In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. This was the result of a citizen-driven initiative, Proposition 122, aimed at addressing mental health challenges with natural, alternative treatments. The law change means that anyone over the age of 21 can legally possess, grow, and consume psilocybin mushrooms, as well as other psychedelics like DMT, ibogaine, and mescaline, for personal use.
However, retail sales of psilocybin mushrooms remain a drug felony in Colorado, and there are no current plans to allow psychedelic dispensaries. This has given rise to a "gray market" of informal operators offering mushroom-related services, taking advantage of the fewer legal ramifications of selling the drug. In response, Colorado plans to launch a strictly regulated mushroom industry, with lawmakers already taking steps to discourage these unofficial businesses. A new state law, Senate Bill 23-290, will come into effect on July 1, 2023, banning all forms of advertising for unlicensed guides offering mushrooms, among other restrictions.
The ultimate goal is to establish state-sanctioned psychedelic sanctuaries where people can pay for a supervised mushroom experience with a trained professional using mushrooms from a licensed cultivator. These regulated healing centers are still a long way off, with the first licenses not expected until late 2024 or beyond. In the meantime, Colorado regulators are issuing licenses for providing psychedelic mushrooms and plan to authorize the state's first healing centers in late spring or early summer. These centers will offer sliding-scale pay options and discounts for veterans, Medicaid enrollees, and those with low incomes to increase affordability.
While the new magic mushroom laws in Colorado aim to create a safer environment for the use of psychedelics, several ambiguities remain. For example, there is no standardized measure for determining psilocybin intoxication, creating challenges for law enforcement when it comes to driving under the influence. The line between sharing and illegal distribution is also murky, and questions about whether bartering constitutes selling are yet to be clarified.
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Healing centres for the supervised consumption of mushrooms are expected to open in Colorado
In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. This decision was the result of a citizen-driven initiative, Proposition 122, aimed at addressing mental health challenges with natural, alternative treatments. The law allows adults 21 and older to possess, cultivate, and use psilocybin mushrooms and other psychedelics like DMT, ibogaine, and mescaline for personal use. However, retail sales of psilocybin mushrooms remain a drug felony in the state.
As Colorado navigates the uncharted territory of psychedelic mushroom legalization, a "gray market" has emerged, with individuals offering mushroom-related services and operating in a legal grey area. This has raised concerns among lawmakers, who are working to establish a strictly regulated mushroom industry to ensure safe and responsible use. Senate Bill 23-290, which came into effect on July 1, 2023, banned all forms of advertising for unlicensed guides offering mushrooms, aiming to curb solicitation without a license.
Colorado regulators are now preparing to authorize the state's first "healing centers" for the supervised consumption of mushrooms. These centers are expected to open in late spring or early summer, marking a significant step in the state's experiment with psychedelic mushrooms. The healing centers will provide a medicinal experience, offering supervised mushroom sessions to ensure safety and mitigate potential risks associated with psychedelic use.
The exact format and pricing of these healing centers remain to be seen. Tasia Poinsatte, Colorado director of the Healing Advocacy Fund, has stated that affordability will be a key consideration, with plans for sliding-scale pay options and discounts for veterans, Medicaid enrollees, and low-income individuals. Group sessions may also help lower costs. While the centers will not sell mushrooms, they will guide individuals through their experiences with psilocybin, providing support and expertise to mitigate potential adverse effects.
The development of these healing centers reflects a growing recognition of the therapeutic potential of psilocybin mushrooms in addressing mental health challenges such as depression, anxiety, and PTSD. However, medical experts emphasize the need for more research, particularly regarding the risks for individuals with a history of psychotic or bipolar disorder. As Colorado continues to refine its legal frameworks and establish regulated facilities, it will provide valuable insights into the administration of psychedelics outside of clinical, religious, or underground settings.
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Frequently asked questions
Yes and no. In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms. However, the retail sale of magic mushrooms remains a drug felony in Colorado.
Only people aged 21 and over can legally use, possess, and grow magic mushrooms in Colorado.
It is not currently possible to buy magic mushrooms in Colorado. However, there is a "gray market" of unlicensed guides who offer mushrooms and other psychedelic drugs.
