Sarah Brown
In November 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms, passing Proposition 122 with 52-53% of the vote. The proposition decriminalized the possession and usage of five psychedelic drugs—psilocybin, psilocin, dimethyltryptamine (DMT), ibogaine, and mescaline—for personal use. It also legalized the growth, possession, transport, and personal use of these substances for adults over the age of 21. However, the sale of psychedelic mushrooms remains illegal, and a new state law with additional requirements for psychedelic drugs, Senate Bill 23-290, went into effect on July 1, 2023.
| Characteristics | Values |
|---|---|
| State | Colorado |
| Ballot Measure | Proposition 122 |
| Type of Mushroom | Magic Mushrooms, Psilocybin, Psilocin, DMT, Ibogaine, Mescaline |
| Legal Status | Decriminalized for personal use, possession, growing, sharing, and consumption |
| Age Limit | 21 and older |
| Licensed Facilities | Available from 2024 |
| Advertising | Banned for unlicensed guides |
| Sale | Not permitted |
| Limitations | Prohibited in public, schools, or while operating a vehicle |
| Previous Status | Schedule I controlled substance |
Explore related products
What You'll Learn
The passing of Proposition 122
In November 2022, Colorado voters approved Proposition 122, also known as the Natural Medicine Health Act, by a slim margin of 52%-53% of the votes. The proposition decriminalized the possession and usage of five psychedelic drugs: psilocybin, psilocin, dimethyltryptamine (DMT), ibogaine, and mescaline. However, it is important to note that these substances are only decriminalized for personal use and the sale of these drugs remains illegal.
Proposition 122 allows adults over the age of 21 to legally possess, consume, and share small amounts of psychedelic mushrooms without facing criminal penalties. It also permits the growth and sharing of these substances, except for ibogaine, which cannot be legally shared. Additionally, the proposition enables adults to access legal psychedelics at certified centers or "healing centers" under the supervision of licensed facilitators. These centers can sell and administer the substances while the individual is at the facility but cannot sell them for personal use outside the center.
However, there are still legal complexities surrounding the use of psychedelic mushrooms in Colorado. While Proposition 122 allows for small-scale psychedelic services to operate without licenses, state lawmakers have passed additional laws to regulate the industry. For example, a new state law, Senate Bill 23-290, bans all forms of advertising for unlicensed guides offering mushroom-related services. This law aims to strike a balance between allowing personal use and sharing while also regulating the industry as intended by Proposition 122.
The passage of Proposition 122 in Colorado reflects a growing trend in the United States towards recognizing the therapeutic potential of psychedelic substances, particularly psilocybin. It remains to be seen how the decriminalization of these substances will impact mental health treatments and whether other states will follow Colorado's lead in legalizing their use.
Mushroom Drugs: Visual Insights and Hallucinations
You may want to see also
Psilocybin and psilocin
In 2022, Colorado voters approved Proposition 122, which decriminalized the use of psilocybin and psilocin, two psychedelic compounds found in so-called magic mushrooms. The measure passed by a slim margin, with 52-53% of the over 2.2 million votes cast in support of legalization.
With the passing of Proposition 122, Colorado became the second state to legalize regulated magic mushroom use, following in the footsteps of Oregon, which legalized therapeutic use in 2020. The new law allows adults aged 21 and older to possess, consume, and share small amounts of psilocybin and psilocin for personal use. Additionally, individuals can grow and cultivate these mushrooms in their private residences, as long as people under 21 are kept away.
The initiative also legalizes the use of psilocybin at state-regulated centers, known as "healing centers," under the supervision of licensed facilitators. These centers can sell and administer the substances while the individual is at the facility, but they cannot sell them for personal use outside the center. Counties and cities within Colorado cannot opt out, but they can set policies and rules about the locations and operating hours of these healing centers.
While the legalization of psilocybin and psilocin in Colorado represents a significant shift in policy, it is important to note that psilocybin is a Schedule I controlled substance at the federal level, and possession or use remains a federal crime. Additionally, retail sales of magic mushrooms remain a drug felony in Colorado, and individuals offering guided experiences and other mushroom-related businesses must navigate a complex legal landscape to ensure compliance with state and local laws.
The Ultimate Guide to Mushroom Flushes
You may want to see also
Decriminalisation, not legalisation
In 2022, Colorado became the first state in America to decriminalize the recreational use of psychedelic mushrooms by passing Proposition 122. This allows adults over the age of 21 to possess, consume, grow, transport, and share psilocybin mushrooms recreationally in private residences, as long as people under 21 are kept away from them. It is important to note that Proposition 122 decriminalized, but did not legalize, the use of psychedelic mushrooms. This means that while possession and use are no longer criminal offenses, the sale and unregulated distribution of psychedelic mushrooms remain prohibited outside licensed therapeutic settings.
The passage of Proposition 122 is significant as it represents a shift in policy towards the decriminalization of psychedelic mushrooms for recreational use. This decision was driven by citizens and aimed to address mental health challenges with natural, alternative treatments. Prior to the passage of Proposition 122, Denver, Colorado, had already taken steps towards decriminalization by passing a proposal in 2019 to decriminalize the psychedelic compound psilocybin.
While the decriminalization of psychedelic mushrooms in Colorado represents a move away from strict prohibition, it is important to emphasize that full legalization has not been achieved. The distinction between decriminalization and legalization is crucial. Decriminalization typically refers to the removal of criminal penalties for certain actions, such as possession and use, while legalization goes further by establishing a regulated market and allowing for the legal sale and distribution of the substance.
In the case of Colorado, the decriminalization of psychedelic mushrooms means that individuals can possess, consume, and share small amounts of these substances without facing criminal charges. However, the sale and unregulated distribution of psychedelic mushrooms are still prohibited. This means that individuals cannot legally purchase or sell these substances outside of licensed therapeutic settings, such as healing centers, which are expected to be established in the future.
The focus on decriminalization, rather than full legalization, allows for a more measured approach to the regulation of psychedelic mushrooms. It enables individuals to make their own choices regarding personal use while maintaining protections against misuse or trafficking. Additionally, it provides an opportunity for further research and understanding of the therapeutic benefits of these substances, which have been recognized by a growing body of research. By decriminalizing rather than legalizing, Colorado can carefully navigate the complexities of regulating psychedelic mushrooms while prioritizing public health and safety.
Psychedelics and Tolerance: Mushrooms and LSD
You may want to see also
Explore related products
Licensed facilitators
In November 2022, Colorado voters approved Proposition 122, which decriminalized the use of psilocybin and psilocin, two psychedelic compounds found in so-called magic mushrooms. The measure passed by a slim margin, with 52-53% of the more than 2.2 million votes cast supporting legalization.
This development has opened up a potential new psychedelic industry in the state, with people offering guided experiences and other mushroom-related businesses. However, the state is still some time away from issuing its first licenses for the psychedelic industry. In the meantime, unlicensed guides have flourished in a legal grey area, charging fees ranging into the hundreds of dollars for their services.
Proposition 122 enables adults to have legal psychedelics in Colorado at certified centers under the care of licensed facilitators. These centers, known as "healing centers," will be licensed by the state's Department of Regulatory Agencies and will allow participants to have natural medicine sessions under the supervision of trained guides. The law also allows for the personal possession, private use, growing, and sharing of psilocybin and psilocin, as well as three additional psychedelic compounds—DMT, ibogaine, and mescaline—by adults over the age of 21.
It's important to note that the sale and unregulated distribution of psychedelic mushrooms remain prohibited outside of licensed therapeutic settings. Senate Bill 23-290, which goes into effect on July 1, 2023, will ban all forms of advertising for unlicensed guides offering mushrooms, among other restrictions. The state is taking steps to regulate the emerging psychedelic industry and ensure that services are provided in a safe and controlled manner.
Mushroom Laws in the UK: What's the Deal?
You may want to see also
The grey market
In November 2022, Colorado voters approved Proposition 122, which decriminalized the use of psychedelic mushrooms for adults over the age of 21. This citizen-driven initiative aimed to address mental health challenges with natural, alternative treatments. While this proposition decriminalized the possession and use of psychedelic mushrooms, it did not legalize their sale. As a result, a grey market for mushrooms has emerged in Colorado, with people offering guided experiences and other mushroom-related businesses flourishing.
Proposition 122 allows individuals to possess, consume, and share small amounts of psychedelic mushrooms, including psilocybin, psilocin, DMT, ibogaine, and mescaline, without facing criminal penalties. However, the sale and unregulated distribution of these substances remain prohibited outside licensed therapeutic settings. This has created a situation where individuals can legally obtain and use mushrooms but cannot easily purchase them through regulated channels.
One example of an individual operating in this grey market is Ashley Ryan, a former teacher who now works as an unlicensed guide for those seeking help or guidance with their psychedelic experiences. Ryan charges fees ranging into the hundreds of dollars for her services, which include guiding individuals, couples, and small groups through their psilocybin trips. While her work may provide value to those seeking assistance, it also highlights the lack of oversight and clarity in the industry.
The Colorado state government is taking steps to address this grey market by passing new laws with additional requirements for psychedelic drugs. For example, Senate Bill 23-290, which goes into effect on July 1, 2023, bans all forms of advertising for unlicensed guides offering mushrooms. This law aims to restrict the commercial activities of these grey market businesses while still allowing practitioners to offer paid services on a smaller scale. However, it remains to be seen how effective these measures will be in regulating the grey market for mushrooms in Colorado.
Maggots and Mushrooms: The Unwanted Guests
You may want to see also
Frequently asked questions
Yes, as of 2022, the recreational use of psychedelic mushrooms has been decriminalized in Colorado.
Decriminalization is not the same as legalization. While possession, consumption, and sharing of small amounts of mushrooms are no longer criminal offenses, the sale and unregulated distribution of mushrooms remain prohibited outside licensed therapeutic settings.
Only adults over the age of 21 can legally consume mushrooms in Colorado.
People can consume mushrooms at home or in licensed therapeutic settings, also known as "healing centers".
No, retail sales of mushrooms are not permitted in Colorado.
