Colorado's Mushroom Legalization: What's The Deal?

did colorado pass mushrooms

On November 8, 2022, Colorado voters passed Proposition 122, also known as the Natural Medicine Health Act, to decriminalize and legalize the limited use of psychedelic mushrooms for adults 21 years of age or older. While the proposition paves the way for a regulated mushroom industry, the state is still working on finalizing the legal frameworks and issuing licenses, with legal mushrooms not expected to arrive until 2025.

Characteristics Values
Name of the Proposition Proposition 122, or the "Natural Medicine Health Act of 2022"
Date of Passing November 8, 2022
Percentage of Votes 53% in favor, 47% against
Main Objective To decriminalize possession and legalize limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by those 21 years of age or older
Status of Implementation Licenses for the psychedelic industry are expected to be issued in 2025
Legality of Sale Selling psilocybin mushrooms or any other decriminalized psychedelic substance is still a felony in Colorado
Legality of Possession Adults 21 or older can legally possess psilocybin mushrooms and other listed substances for their own personal use
Legality of Growing Allowed for personal use and not for profit; must be kept in a private, secure area inside the residence with access restricted to adults 21 and over
Legality of Use Allowed in supervised settings in licensed facilities

anspore

Colorado voters pass Proposition 122, also known as the Natural Medicine Health Act, to decriminalize psychedelic mushrooms

On November 8, 2022, Colorado voters passed Proposition 122, also known as the Natural Medicine Health Act of 2022, to decriminalize psychedelic mushrooms. Proposition 122 passed with 53% of voters supporting the initiative, making Colorado the second state to allow the use of psychedelics after Oregon.

The proposition decriminalizes the possession and limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by those 21 years of age or older. The five natural psychedelic substances that are now decriminalized in Colorado include psilocybin, psilocin, DMT (dimethyltryptamine), ibogaine, and mescaline (as long as it is not derived from peyote).

Under Proposition 122, adults in Colorado are allowed to possess, use, and share these substances for personal use without facing criminal penalties. However, it is important to note that the sale of psychedelic mushrooms remains illegal and can result in harsh penalties. The law also permits individuals to grow their own psychedelic mushrooms at home for personal use, as long as they are kept in a private, secure area restricted to adults 21 and older.

The passage of Proposition 122 reflects a shift towards alternative mental health treatments and a recognition of the potential therapeutic benefits of naturally occurring psychedelics. Proponents of the measure argued that Colorado's current approach to mental health has failed and that naturally occurring psychedelics have been used for hundreds of years to treat various conditions, including depression, PTSD, anxiety, and addiction.

anspore

The proposition passed with 53% of votes in favour and 47% against

On November 8, 2022, Colorado voters passed Proposition 122, also known as the "Natural Medicine Health Act of 2022," with 53% of voters in favour and 47% against. The proposition decriminalized the possession and limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by those 21 years of age or older.

Proposition 122 establishes government-regulated centres for the medicinal use of psychedelic mushrooms and decriminalizes the personal possession, growing, sharing, and use of five natural psychedelic substances: psilocybin, psilocin, DMT (dimethyltryptamine), ibogaine, and mescaline (as long as it's not derived from peyote). However, it's important to note that the sale of these substances remains illegal.

The passage of Proposition 122 reflects a shift towards alternative mental health treatments and a recognition of the potential therapeutic benefits of psychedelics. Proponents of the proposition argued that Colorado's current approach to mental health has failed and that naturally occurring psychedelics can be effective in treating depression, PTSD, anxiety, addiction, and other conditions. Additionally, they highlighted the cost to taxpayers of incarcerating people for nonviolent offences related to the use of naturally occurring substances.

While Proposition 122 has decriminalized certain activities related to psychedelic mushrooms, there are still rules and restrictions in place. For example, large-scale grows or possession of a large amount of mushrooms could lead to legal trouble if authorities suspect an intent to sell, which remains a criminal offence. The law also does not permit the use or possession of psychedelics in the workplace, and employers may continue to enforce zero-tolerance policies regarding the use of these substances.

The state plans to launch a strictly regulated mushroom industry, with licenses for the psychedelic industry expected to be issued in 2025. In the meantime, a grey market has emerged, with some individuals and businesses offering guided experiences and other mushroom-related services. However, these early practitioners may find themselves facing challenges as the state moves towards stricter regulation.

anspore

The proposition allows adults over 21 to possess, grow, share and use psychedelic mushrooms, but not sell them

On November 8, 2022, Colorado voters passed Proposition 122, also known as the "Natural Medicine Health Act of 2022," with 53% of the vote. This proposition decriminalized the possession and limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by adults aged 21 and older.

Proposition 122 allows adults over 21 to possess, grow, share, and use psychedelic mushrooms, but not sell them. While the law does not allow open sales or public use, it permits certain non-commercial activities under strict conditions. Adults aged 21 and older can legally possess psilocybin mushrooms and other listed substances, such as ibogaine, mescaline, and DMT, for their own personal use. There is no set limit on the amount that can be carried, but possessing a large amount may indicate to authorities an intent to sell, which remains a criminal offense. Adults may share psychedelic mushrooms with other adults, as long as no money or compensation is exchanged. Gifting is allowed, but bartering goods or accepting "donations" may still be considered illegal distribution.

Additionally, individuals are allowed to grow their own psychedelic mushrooms at home for personal use, not for profit. The mushrooms must be kept in a private, secure area inside their residence, and access must be restricted to adults 21 and older. While there is no formal plant count or size limit, large-scale operations could lead to legal trouble if authorities suspect the mushrooms are intended for sale.

The passage of Proposition 122 reflects a shift toward alternative mental health treatments and a growing tolerance for the controlled use of psychedelic substances in the United States. Colorado became the second state to legalize the use of "magic mushrooms", following in the footsteps of Oregon.

anspore

The proposition may increase employer concerns about employees working under the influence

On November 8, 2022, Colorado voters passed Proposition 122, also known as the "Natural Medicine Health Act of 2022," to decriminalize possession and legalize limited use of psychedelic mushrooms and other plant- and fungi-derived psychedelic drugs by those 21 years of age or older. The proposition allows adults to grow, possess, and consume psilocybin and psilocybin mushrooms and their derivatives, as well as substances like ibogaine, mescaline, and DMT for personal use. While the law does not permit open sales or public use, it does allow certain non-commercial activities under strict conditions.

The passage of Proposition 122 has sparked discussions regarding employer concerns about employees working under the influence of psychedelic substances. The proposition may lead to increased scrutiny of employees' drug use and could prompt employers to review and revise their drug testing and drug-free workplace policies. Employers in Colorado may continue to enforce zero-tolerance policies regarding the use of psychedelics, similar to the state's stance on marijuana in the workplace.

The Natural Medicine Health Act clarifies that it should not be interpreted as requiring employers to accommodate the use, consumption, possession, or other activities related to natural medicines in the workplace. This provision gives employers the discretion to maintain strict policies prohibiting the presence of psychedelics in the workplace. However, it is important to note that the act of decriminalization itself does not legalize the use of psychedelics in all contexts, and employers may still enforce their own rules and regulations regarding employee conduct.

The potential impact of Proposition 122 on employer policies and employee rights is a complex issue. While the proposition allows for the decriminalization of certain substances, it does not provide blanket protection for employees who choose to use psychedelics. Employers in Colorado may still enforce their own workplace policies and make decisions regarding employee conduct and performance, particularly in safety-critical industries. The proposition may prompt employers to clarify their expectations regarding drug use and establish clear guidelines for employees to follow.

Additionally, the proposition's impact on employer concerns may be influenced by the development of the psychedelic industry in Colorado. The state plans to introduce a strictly regulated mushroom industry, which may further shape employer policies and perceptions. As the industry evolves, employers may need to adapt their approaches to address any potential issues related to substance use in the workplace.

anspore

The proposition has resulted in a grey market for psychedelic mushrooms in Colorado

On November 8, 2022, Colorado voters passed Proposition 122, also known as the Natural Medicine Health Act of 2022, to decriminalize the possession and legalize the limited use of psychedelic mushrooms for adults 21 years of age or older. While the proposition allows for the personal use, possession, and sharing of psychedelic mushrooms, it does not permit their sale, which remains a criminal offense.

Despite the decriminalization, the sale of psychedelic mushrooms in Colorado can result in harsh penalties. The penalties for conviction depend on the circumstances, the amount involved, and the criminal history of the defendant. For instance, up to 14 grams of psychedelic mushrooms is considered a Level 3 drug felony, punishable by 2-4 years in prison and fines ranging from $2,000 to $500,000.

The passage of Proposition 122 has had varying impacts on employers and employees in Colorado. While employers may continue to enforce zero-tolerance policies regarding the use of psychedelics in the workplace, employees now have the right to use psychedelic mushrooms for personal and recreational purposes without legal repercussions. This has created a grey market for psychedelic mushrooms in Colorado, where demand exceeds the legal supply.

Individuals in Colorado have taken advantage of the proposition to offer guided experiences and other mushroom-related businesses. These businesses operate in a regulatory grey area, as the state has not yet issued licenses for the psychedelic industry. As a result, there is a lack of oversight and quality control in the grey market, which may pose risks to consumers.

The state of Colorado is taking steps to address the grey market by implementing a strictly regulated mushroom industry. Lawmakers are working to discourage informal operators and establish clear guidelines for the production, distribution, and consumption of psychedelic mushrooms. These changes aim to provide a safe and controlled environment for individuals seeking the therapeutic benefits of psychedelic mushrooms while minimizing potential risks and ensuring compliance with relevant laws and regulations.

Mushrooms: Low-Calorie Superfood?

You may want to see also

Frequently asked questions

Yes, Colorado passed Proposition 122, also known as the Natural Medicine Health Act, in November 2022, decriminalizing the use of psychedelic mushrooms.

Proposition 122 decriminalizes—but does not fully legalize—certain psychedelic substances for adults 21 and older. This includes psilocybin, psilocin, DMT, ibogaine, and mescaline. Adults can legally possess, use, and share these substances but not sell them.

Proposition 122 is expected to increase access to alternative mental health treatments and reduce incarceration rates for nonviolent drug offenses. It may also lead to the development of a regulated psychedelic industry in Colorado.

Yes, there are concerns about the potential impact on workplace safety and employer drug policies. Additionally, selling psilocybin mushrooms or other decriminalized substances remains a felony in Colorado, and there are strict penalties for doing so.

The law took effect in late 2022, but as of early 2025, Colorado is still finalizing the legal frameworks and regulations. The state plans to launch a strictly regulated mushroom industry, with licenses expected to be issued in 2025.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment