Sarah Brown
In 2019, Denver became the first US city to decriminalize the use of psilocybin, the psychedelic substance in magic mushrooms. However, this does not mean that the drug is legal, and possession and sale are still prosecutable felonies. While the number of arrests involving mushrooms in Denver has decreased by 50% since decriminalization, there have still been some arrests and charges related to mushroom crimes. For example, in 2019, two juveniles were arrested and charged with hallucinogenic possession by the Denver District Attorney's Office after being found in possession of psychedelic mushrooms. Additionally, the Drug Enforcement Administration (DEA) has continued to target alleged dealers, such as 27-year-old Kole Milner, who was suspected of manufacturing and dealing psychedelic mushrooms. While the exact number of people charged for mushroom crimes in Denver is unclear, it is likely very low, as arrests and convictions for mushroom-related offenses were rare even before decriminalization.
| Characteristics | Values |
|---|---|
| Number of people charged for mushroom crimes in Denver | 158 people between 2016 and 2018 |
| Number of people prosecuted for psilocybin possession in Denver | 11 people in the three years leading up to 2019 |
| Number of people arrested for mushroom possession after decriminalization in 2019 | 2 minors |
| Number of people charged with hallucinogenic possession by the Denver District Attorney's Office | 2 minors |
| Number of people arrested and charged with possession of psychedelic mushrooms after decriminalization | 2 minors |
| Number of people charged with dealing psychedelic mushrooms | 1 (27-year-old Kole Milner) |
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What You'll Learn
Denver's decriminalization of magic mushrooms
In May 2019, Denver became the first US city to decriminalize psilocybin, the psychedelic substance found in magic mushrooms. The move came after voters approved Initiative 301, which discourages law enforcement from targeting users of psychedelic mushrooms. While the drug remains illegal, the initiative makes mushroom possession the lowest priority for police and prohibits the use of city resources in prosecutions.
Prior to the initiative, arrests and convictions for magic mushrooms in Denver were rare. Between 2016 and 2018, the Denver Police Department arrested just 0.02% of the city's population for psilocybin possession. However, the decriminalization has had a significant impact, with arrests involving mushrooms in Denver dropping by 50% since the initiative passed.
The initiative only covers personal possession, growth, and consumption for people 21 and older, and dealers still face harsh penalties if caught. While the new law offers no protection for sellers, it has sparked the growth of a lucrative underground mushroom industry in Denver. Cultivators can easily buy spores, or mushroom seeds, online and sell their produce for a high price due to the relatively low supply.
While there have been no reported issues with Denver's decriminalization of psilocybin mushrooms, the city has recognized the need for training first responders on how to handle situations involving people in mushroom-induced crises. A city panel has recommended public service announcements to address the dangers of recreational mushroom use and provide information on safe and responsible use.
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Arrests of minors for possession
In October 2019, five months after Denver voters approved the decriminalization of certain psychedelic mushroom offences, the Denver Police Department arrested two minors on suspicion of possessing psychedelic mushrooms. The two juveniles were charged with hallucinogenic possession by the Denver District Attorney's Office. The police also found them in possession of marijuana.
The decriminalization initiative only covers personal possession, growth, and consumption for people 21 and older; it does not apply to juveniles. The initiative also does not decriminalize dealing or put constraints on state and federal law enforcement agencies. The Drug Enforcement Administration (DEA) continues to target alleged dealers, such as 27-year-old Kole Milner, who was suspected of manufacturing and dealing psychedelic mushrooms.
While the decriminalization of psilocybin mushrooms in Denver does not legalize their possession, use, or sale, it does make these offences the lowest law enforcement priority for people 21 and older. The city is prohibited from using resources to impose criminal penalties for personal use by adults. This shift in law enforcement priorities means that arrests involving mushrooms in Denver have decreased by 50% compared to before decriminalization.
Despite the decriminalization, possession and use of psilocybin mushrooms remain a felony under state and federal law. Selling psilocybin mushrooms is also a felony, and if sold to a minor, it is a level 1 drug felony. However, people 21 and older in Colorado can possess, share, use, and cultivate psychedelic mushrooms in private residences as long as people under 21 are not present.
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Public health and safety
In 2019, Denver became the first US city to decriminalize the use of psilocybin, the psychedelic substance found in "magic mushrooms". This move was the result of a ballot measure, Initiative 301, which aimed to shift law enforcement priorities away from psilocybin. While possession, consumption, and sharing of magic mushrooms by adults over 21 years old are now decriminalized in Denver, it's important to clarify that selling and dealing mushrooms remain illegal and punishable by law.
Emergency Preparedness and Response:
Denver hospitals have reported no emergencies, fatal overdoses, or incidents of people under the influence of mushrooms injuring others. However, a licensed counselor on a review panel, Sarah Gale, emphasized the need for crisis intervention responses tailored to psychedelic drug use, distinct from responses to alcohol or opioid intoxication. The panel recommended training for first responders to handle situations involving individuals in mushroom-induced crises effectively.
Harm Reduction:
Council members have advocated for harm reduction strategies, acknowledging the need to address the dangers of recreational mushroom use. Public service announcements are planned to educate residents on safe and responsible mushroom use.
Law Enforcement Priorities:
Initiative 301 directs law enforcement to make personal mushroom offenses, including possession and use, the lowest priority. This shift in priorities allows law enforcement agencies to focus their resources on more pressing issues.
Regulation and Oversight:
The establishment of the Psilocybin Mushroom Policy Review Panel, comprising various stakeholders, ensures ongoing assessment and reporting on the effects of the decriminalization ordinance. This panel provides recommendations to the city council and works collaboratively to implement pilot programs and address public health and safety concerns.
Research and Advocacy:
The decriminalization of magic mushrooms in Denver has sparked a renewed interest in clinical research on psychedelics. Researchers at Johns Hopkins University found that psilocybin poses no risk of physical dependence and has a low risk of abuse and harm. Additionally, advocates like the Denver Psilocybin Initiative believe decriminalization can open doors to more widespread medicinal use.
While the focus on public health and safety has been a key aspect of Denver's approach to magic mushroom decriminalization, it's important to acknowledge that the situation is still evolving. Law enforcement and city officials are navigating the implementation of these changes, and ongoing evaluation is necessary to ensure the well-being of Denver's residents.
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The legality of selling mushrooms
In 2019, Denver became the first US city to decriminalize the use of psilocybin, the psychedelic substance found in "magic mushrooms". This came about through the passing of Initiative 301, which discourages law enforcement from targeting users of psychedelic mushrooms. The initiative makes mushroom possession law enforcement's "lowest priority" and forbids the use of city resources in prosecutions.
Despite this, the sale of magic mushrooms remains illegal in Colorado. If caught selling, cultivators could face 2 to 32 years in prison. However, there is still a market for the drug, with one cultivator charging $30 for an eighth of an ounce, a fairly typical dose.
Since decriminalization, arrests involving mushrooms in Denver are down 50% compared to before. However, this does not include arrests of juveniles in possession of mushrooms, who are not protected by the initiative. In October 2019, two minors were arrested on suspicion of possessing psychedelic mushrooms.
While the sale of magic mushrooms remains illegal in Denver, the city's decriminalization of the drug has sparked interest in other parts of the US. Legalization measures were anticipated on ballots in California and Oregon in 2020, and movements are afoot in Canada and Australia.
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The future of decriminalization
In 2019, Denver became the first US city to decriminalize the use of psilocybin, the psychedelic substance in "magic mushrooms". While the drug remains illegal, the city's new laws discourage police and prosecutors from targeting users. Since the change, there have been no psilocybin charges reported in Denver, and arrests involving mushrooms have decreased by 50%.
However, it is important to note that the sale and distribution of magic mushrooms remain illegal in Denver and are punishable by law. The new law offers no protections for dealers, and those caught selling or cultivating mushrooms for sale could face up to 32 years in prison.
Looking ahead, there is a growing public interest in the therapeutic benefits of psilocybin, with research suggesting positive effects on depression, anxiety, and other conditions. As a result, we may see an increase in the number of people using mushrooms for medicinal reasons.
To ensure the safe and responsible use of mushrooms, the city of Denver is considering public service announcements to address the dangers of recreational mushroom use. Additionally, the city is working to implement a pilot program to train first responders on handling situations involving people in mushroom-induced crises.
In conclusion, the decriminalization of psilocybin mushrooms in Denver has been successful in reducing harm and shifting law enforcement priorities. As the city continues to embrace this change, we can expect to see a focus on harm reduction strategies, public education, and the development of appropriate crisis intervention responses for people under the influence of psychedelic drugs.
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Frequently asked questions
As of 2019, only 11 people have been prosecuted in Denver for psilocybin possession in the past three years. However, the number of arrests and convictions for magic mushrooms has been relatively low. Between 2016 and 2018, the Denver Police Department arrested 158 people for psilocybin possession, which is 0.02% of Denver's population.
Mushroom crimes refer to the illegal possession, cultivation, distribution, or consumption of psychedelic mushrooms, which contain the mind-altering compound psilocybin.
The penalties for mushroom crimes vary depending on the nature of the offense and the individual's criminal history. Possession of psychedelic mushrooms is considered a low priority for law enforcement in Denver, but it is still illegal under federal law. Selling or distributing mushrooms is a more serious offense and can result in felony charges and significant jail time.
Mushrooms were classified as Schedule I drugs, which are considered to have no medical benefit and a high potential for abuse. However, recent research has challenged this assumption, suggesting that psychedelic mushrooms may have potential therapeutic benefits for various mental health conditions.
In 2019, Denver became the first U.S. city to decriminalize the use of psilocybin mushrooms through a ballot initiative known as Initiative 301. This initiative discourages law enforcement from targeting users and prohibits the use of city resources for prosecutions related to personal mushroom use. However, it is important to note that mushrooms remain illegal under federal law, and selling or distributing them is still a criminal offense.
