Magic Mushrooms: Colorado's Decriminalization Journey

did colorado decriminalize mushrooms

In 2022, Colorado became the second state to decriminalize psilocybin mushrooms, allowing for their personal possession, cultivation, use, and sharing. The state is now preparing for the launch of a highly regulated psychedelics industry, with licenses being issued to psychedelic mushroom therapy facilitators. While the sale of mushrooms remains illegal, the state will eventually allow for legal healing centers where consumers can pay for supervised psilocybin experiences. This has sparked a debate between those who support greater access to psilocybin therapy, particularly for veterans, and conservatives who are more restrictive towards drug policies.

Characteristics Values
Status of decriminalization of mushrooms in Colorado Decriminalized
Date of decriminalization November 2022
Vote percentage 50.6%
Name of the proposition Proposition 122
Number of psychedelics decriminalized 5
Name of the psychedelics Psilocybin, DMT, Mescaline
Legality of sale Illegal
Legality of possession, cultivation, use and sharing Legal
Legality of advertising Not allowed
Legality of therapy Allowed
Legality of therapeutic use of psilocybin Allowed
Legality of healing centers Allowed
Legality of natural medicine program Allowed
Agencies regulating the natural medicine program The Colorado Department of Revenue, The Colorado Department of Regulatory Agencies

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As of 2025, psilocybin mushrooms are legal to grow, use, and share in Colorado. This development is the result of a two-year rulemaking process that began after Colorado residents voted to legalize the therapeutic use of psilocybin in 2022. The state has now started issuing licenses to psychedelic mushroom therapy facilitators, and local governments are preparing to welcome healing centers where people can legally and safely experience psilocybin under supervision.

The journey toward the decriminalization of psilocybin mushrooms in Colorado started in May 2019 when Denver became the first city in the United States to take this step. The 2019 ballot initiative prohibited Denver from using resources to prosecute people for the use or possession of psilocybin mushrooms. This initiative set the stage for the passing of Proposition 122 in November 2022, which decriminalized psilocybin across the state.

The decriminalization of psilocybin in Colorado is a significant shift, as it was previously a Schedule I drug under federal law, indicating no accepted medical use and a high potential for abuse. Now, Colorado joins Oregon as one of the few states that have taken this step. The state-regulated model for psilocybin therapy in Colorado is designed to complement ongoing federal evaluations of psychedelic therapy, providing another tool for mental healthcare.

While psilocybin mushrooms are now legal to grow, use, and share in Colorado, it is important to note that the sale of these mushrooms is still illegal. There are no plans for recreational dispensaries, and the distribution of psilocybin will be largely confined to licensed businesses and therapy sessions with trained and licensed facilitators. The state is currently working on defining the rules for producers who will be allowed to grow mushrooms and sell them to the healing centers.

The healing centers themselves are still a ways off, as the state has only just begun to establish the rules and regulations for these businesses and their employees. Local governments in Colorado have some flexibility in determining when and where these healing centers may operate, but they cannot outright ban them. This flexibility allows local communities to adapt the availability of psilocybin therapy to their specific needs and preferences.

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The sale of mushrooms remains illegal

In 2022, Colorado voters approved Proposition 122, decriminalizing psilocybin mushrooms. This removed many of the criminal penalties around possession, cultivation, use, and "sharing" of psychedelic mushrooms. However, the sale of mushrooms remains illegal in the state.

While it is not illegal to possess, grow, use, or share psychedelic mushrooms in Colorado, the act of selling them is still prohibited. This means that individuals cannot legally purchase mushrooms for personal use, and the commercial sale of psilocybin is illegal. The state has made it clear that there will not be any psychedelic dispensaries, and the focus is instead on creating regulated "healing centers" where consumers can pay for supervised psilocybin experiences under the guidance of licensed professionals.

The state is preparing for the launch of a highly regulated psychedelics industry, with the first set of licenses for medical-assisted use being issued in March 2025. These healing centers will be staffed by facilitators who provide psilocybin and supervise its use. Local governments in Colorado can determine when and where these healing centers operate, but they cannot outright ban them.

The decriminalization of mushrooms in Colorado has led to a gray market, where entrepreneurs offer guided psychedelic experiences, microdosing advice, and supplies in mostly legal arrangements. While the actual sales of mushrooms remain illegal, it is easier for people to obtain them through this gray market. The state's regulated model for psychedelic therapy is expected to provide another tool for mental healthcare and offer a complementary pathway to ongoing federal evaluations.

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Local governments cannot ban healing centres

In a groundbreaking move, Colorado has decriminalized psilocybin mushrooms, becoming the second state to do so after Oregon. This means that the personal possession, cultivation, use, and sharing of these substances are not grounds for arrest. The state has also taken steps towards establishing a regulated psychedelics industry, with licenses being issued to psychedelic mushroom therapy facilitators.

While this represents a significant shift in policy, it's important to note that local governments in Colorado still retain some control over the operation of healing centers. They can determine when and where these centers operate, but crucially, they cannot outright ban them. This is a notable distinction from the approach taken with cannabis dispensaries, where local governments possess the authority to block their establishment.

The rationale behind this decision is to ensure that anyone in Colorado can access this new therapeutic option. Arapahoe County Commissioner Jessica Campbell emphasized the potential impact of psychedelic therapy, stating that it could make a significant difference in patients' lives. Additionally, it provides an alternative pathway for mental healthcare while federal evaluations of psychedelic therapy are ongoing.

Local governments in Colorado do have some regulatory power over healing centers. For instance, they cannot be located within 1,000 feet of schools, and local governments can impose additional restrictions. However, the overarching principle remains that local governments cannot ban healing centers, and this decision is reserved for the state level.

The decriminalization of psilocybin mushrooms in Colorado has sparked a "'gray market", with a rise in entrepreneurs offering guided psychedelic experiences and "microdosing" advice. While the sale of mushrooms remains illegal, the removal of criminal penalties has made it harder to enforce these laws. This has resulted in a flourishing market, with people openly offering mushrooms and related services.

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Colorado is the second state to allow psychedelic therapy

In a groundbreaking move, Colorado has become the second state to allow psychedelic therapy. The state has decriminalized five psychedelic substances, including psilocybin, the active compound in magic mushrooms. This means that personal possession, cultivation, use, and sharing of these substances are no longer illegal or grounds for arrest.

The journey towards this decision began in 2019 when Denver, Colorado, became the first city in the nation to decriminalize psilocybin mushrooms. This was followed by the passing of Proposition 122 in November 2022, which removed criminal penalties for possession, cultivation, use, and sharing of psychedelic mushrooms for adults over 21.

The state is now preparing for the emergence of a highly regulated psychedelics industry. While the sale of mushrooms remains illegal, the state will eventually allow healing centers where consumers can pay for supervised psilocybin experiences under the guidance of licensed professionals. Local governments in Colorado can determine the timing and location of these healing centers, but they cannot outright ban them.

The development of this industry is expected to take some time, as the state has only just begun to establish rules and regulations for these businesses and their employees. However, Colorado has already started issuing licenses to psychedelic mushroom therapy facilitators, marking a significant step forward in the state's natural medicine program.

The decision to legalize psychedelic therapy in Colorado has sparked debate, particularly among veterans and conservatives. Some veterans have found psychedelic experiences beneficial in processing their traumatic experiences and managing anxiety. On the other hand, some conservatives remain cautious, drawing a distinction between psychedelic therapy and other controversial drug policies such as marijuana legalization.

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Mushrooms are easier to obtain since decriminalisation

In May 2019, Denver became the first US city to decriminalize psilocybin mushrooms. In November 2022, Colorado passed Proposition 122, which decriminalized the possession, cultivation, use, and sharing of psychedelic mushrooms. While the sale of mushrooms remains illegal, the removal of criminal penalties has made it easier to obtain them.

A search on Facebook Marketplace reveals numerous listings for what appear to be psychedelic mushrooms for sale, often with photos and links to private messaging services. Online sellers report an increase in people growing and distributing mushrooms, as well as a reduced fear of punishment. The drug is also relatively easy to grow, requiring less space and energy than cannabis.

The decriminalization of mushrooms in Colorado has resulted in a "gray market", with entrepreneurs offering guided psychedelic experiences, microdosing advice, and supplies through mostly legal arrangements. People providing these services report that it has become easier and cheaper to obtain mushrooms since decriminalization. However, it is important to note that the actual sale of mushrooms is still illegal.

Colorado is preparing to launch a highly regulated psychedelics industry, with the state set to begin accepting licensing applications for "healing centers" in late 2024. These centers will be staffed by facilitators who can provide and supervise the use of psilocybin. Local governments in Colorado cannot ban these healing centers but can impose certain restrictions, such as a minimum distance from schools.

The state's natural medicine program, split between the Colorado Department of Revenue and the Colorado Department of Regulatory Agencies, will regulate these healing centers, cultivation sites, manufacturers, and testing facilities. This regulated environment will allow Coloradans to take psychedelic mushrooms under the guidance of licensed professionals, ensuring safe access to this form of therapy.

Frequently asked questions

Yes, psilocybin mushrooms are legal to grow, use and share in Colorado. However, the sale of mushrooms and other drugs is not permitted.

Yes, there are some restrictions in place. Psilocybin mushrooms are only legal for adults over the age of 21. Additionally, healing centres that offer supervised psilocybin experiences cannot be placed within 1,000 feet of schools. Local governments can also add other restrictions.

Licensed healing centres will offer supervised psilocybin experiences. However, these centres are still being set up and regulated, so they may not be widely available yet.

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