Emily Johnson
In 2022, Colorado voters passed Proposition 122, also known as the Natural Medicine Health Act, which decriminalized certain psychedelic substances for adults aged 21 and older. While this allows individuals to possess, use, and share these substances, the sale of psilocybin mushrooms and other decriminalized psychedelics remains a felony in the state. This has led to a gray market for mushroom-related services. Colorado is now working on establishing a regulatory framework for the safe and legal use of psychedelics, with licensed healing centers expected to open in late 2025 or early 2026.
| Characteristics | Values |
|---|---|
| Proposition | 122 |
| Other names for Proposition 122 | Natural Medicine Health Act |
| What it changed | Decriminalized certain psychedelic substances for adults aged 21 and older |
| Substances included in Proposition 122 | Psilocybin, psilocin, DMT (dimethyltryptamine), ibogaine, and mescaline (as long as it’s not derived from peyote) |
| Legality of selling mushrooms in Colorado | Remains illegal and can result in harsh penalties |
| Legality of growing mushrooms at home | Allowed, provided it’s done in a private, secure area away from minors |
| Legality of possessing mushrooms | Allowed, but no set legal limit on how much one can carry |
| Legality of using mushrooms in public | Not allowed |
| Legality of using mushrooms on federal property | Can result in arrest and federal prosecution |
| Legality of sharing mushrooms | Allowed, but not for services, bartering goods, or accepting “donations” |
| Legality of exchanging mushrooms for money | Allowed only for "harm reduction services," like education and guidance on using these drugs |
| Legality of healing centers with psilocybin treatments | Not operational as of March 2025 |
| Expected time for the opening of healing centers | Late 2025 or early 2026 |
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What You'll Learn
Possession and use of magic mushrooms in Colorado
In Colorado, the possession and use of magic mushrooms by individuals have been decriminalized for personal use, but not legalized. This means that while possession is no longer treated as a major criminal offense, it doesn't grant free rein to use magic mushrooms anywhere or sell them. Retail sales of magic mushrooms remain a drug felony in Colorado, and selling or distributing them is still a felony offense.
Proposition 122, also called the Natural Medicine Health Act, was passed by Colorado voters in 2022 to decriminalize certain psychedelic substances for adults aged 21 and older. The law applies to five naturally occurring substances: psilocybin, psilocin, DMT (dimethyltryptamine), ibogaine, and mescaline. These substances are now allowed for personal use, grown, shared, and used, but not sold.
Individuals over the age of 21 can legally possess and share psychedelic mushrooms, but only with other adults. Gifting is allowed, but exchanging mushrooms for services, bartering goods, or accepting "donations" may still be considered illegal distribution under current state law. Growing mushrooms at home is permitted, provided it's done privately and securely, away from minors. There is no set limit on how much one can possess for personal use, but holding a large amount could suggest an intent to sell.
While Colorado has taken steps to decriminalize magic mushrooms, federal law still classifies psilocybin as a Schedule I controlled substance. Possession and use on federal property, such as national parks, forests, military bases, or post offices, can result in federal charges.
Colorado plans to introduce licensed healing centers where trained facilitators will guide individuals through therapeutic sessions in a safe, supervised environment. These centers are expected to open in late 2025 or early 2026, and participants will have to go through a screening process to determine the risks of taking natural medicine.
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Selling and distribution of magic mushrooms
In Colorado, the sale and distribution of magic mushrooms remain a felony. While the state has decriminalized the possession and use of magic mushrooms, commercial transactions involving these substances are still illegal. This means that individuals cannot sell or distribute psilocybin mushrooms or any other decriminalized psychedelic substance for profit. The law permits non-commercial activities such as personal cultivation, possession, and sharing, but only under strict conditions.
Proposition 122, also known as the Natural Medicine Health Act, was passed by Colorado voters in 2022. This proposition decriminalized, but did not legalize, certain psychedelic substances for adults aged 21 and older. The substances covered by this proposition include psilocybin, psilocin, DMT (dimethyltryptamine), ibogaine, and mescaline. While individuals can legally possess, use, and share these substances, they cannot sell or distribute them through commercial channels.
The state of Colorado has made it clear that the decriminalization of magic mushrooms does not grant a free pass to sell or distribute them. Retail sales of magic mushrooms remain a drug felony, and penalties can be harsh. The specific penalties depend on the amount involved and the criminal history of the defendant. For example, possessing up to 14 grams of psilocybin mushrooms is considered a Level 3 drug felony, punishable by 2-4 years in prison and fines ranging from $2,000 to $500,000.
While commercial sales are prohibited, the state plans to license \"healing centers\" where trained facilitators can supervise the therapeutic use of psychedelic mushrooms. These centers, expected to open in late 2025 or early 2026, will not operate like dispensaries, and patients will not be able to purchase mushrooms for consumption outside of the center. Instead, individuals will undergo a screening process to determine their suitability for psychedelic therapy and will consume the mushrooms under the supervision of a licensed facilitator.
It is important to note that the federal government still classifies psilocybin as a Schedule I controlled substance. As a result, possessing magic mushrooms on federal property, such as national parks, forests, military bases, or post offices, can result in arrest and federal prosecution. Additionally, local governments in Colorado retain the authority to enforce stricter rules and may determine when and where healing centers can operate.
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Cultivating and sharing magic mushrooms
In Colorado, the cultivation of magic mushrooms for personal use is permitted, provided it is done in a private, secure area away from minors. The mushrooms must be cultivated in a 12' x 12' space that is locked to anyone under the age of 21. While there is no formal plant count or size limit, large-scale grows could lead to legal trouble if authorities suspect the mushrooms are intended for sale.
While the mushrooms can be shared with other adults over the age of 21, no money or compensation should be involved. Gifting is allowed, but exchanging mushrooms for services or accepting "donations" may be considered illegal distribution.
It is important to note that the sale of magic mushrooms remains a felony in Colorado, and possessing mushrooms on federal property can result in federal charges.
Colorado is currently in the process of establishing licensed "healing centers" where trained facilitators will supervise the therapeutic use of magic mushrooms. These centers are expected to open in late 2025 or early 2026.
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Magic mushrooms and federal law
While the state of Colorado has decriminalized the use of magic mushrooms, or psilocybin, for adults over the age of 21, it is important to remember that psychedelic mushrooms remain illegal under federal law. Federal law classifies psilocybin as a Schedule I controlled substance. Possession of magic mushrooms on federal property, such as national parks, forests, military bases, or post offices, can result in arrest and federal prosecution.
Under Colorado's Proposition 122, also known as the Natural Medicine Health Act, adults aged 21 and older can legally possess, use, and share psilocybin mushrooms for personal use. However, the law does not permit the sale or distribution of these substances, and commercial sales and dispensaries are banned. The state plans to license \"healing centers,\" where trained facilitators can supervise the therapeutic use of psilocybin in a safe and regulated environment. These centers are expected to open in late 2025 or early 2026 and will not operate as dispensaries, where individuals can simply purchase and leave with psilocybin products. Instead, participants will undergo a screening process to determine their suitability for psychedelic therapy and will be supervised by licensed facilitators during their sessions.
While the decriminalization of psilocybin in Colorado represents a significant shift in policy, it is important to understand that federal law still prohibits the substance. The state's legalization of psilocybin for therapeutic use under professional oversight creates a gray area in the enforcement of federal drug laws. While it is unlikely that federal agencies will prosecute individuals complying with state law, it remains a possibility. Therefore, individuals in Colorado must remain aware of the federal laws regarding magic mushrooms and the potential legal ramifications of their use, especially on federal property.
The decriminalization of psilocybin in Colorado reflects a growing recognition of the potential benefits of psychedelic substances in mental health treatment. It also underscores the state's commitment to exploring alternative approaches to pressing mental health concerns. However, it is essential to navigate this evolving landscape responsibly, understanding the legal boundaries and the ongoing prohibition of psilocybin at the federal level.
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Magic mushroom therapy facilitators
In 2022, Colorado voters passed Proposition 122, also known as the Natural Medicine Health Act, which decriminalized certain psychedelic substances for adults aged 21 and older. This includes psilocybin, the active ingredient found in "magic mushrooms." While this change in the law allows for personal use, sharing, and cultivation of psilocybin mushrooms, it does not permit their sale, which remains a felony in the state.
As a result of Proposition 122, Colorado has begun issuing licenses to magic mushroom therapy facilitators, who will provide therapeutic sessions in a regulated environment. These facilitators will operate in healing centers, similar to the state-regulated psilocybin program in Oregon. The law also permits clinical facilitators to offer psilocybin services at their existing practices or retreat models where participants may stay overnight and reflect on their experiences. Local governments in Colorado can determine when and where healing centers operate but cannot ban them outright.
To become a licensed facilitator, individuals must undergo a training program that covers various topics, including the effects of psilocybin, therapeutic techniques, and safety protocols. The training will likely be comprehensive and rigorous to ensure that facilitators are well-equipped to guide individuals through their psychedelic experiences safely and effectively. The Natural Medicine Advisory Board is responsible for creating the framework for facilitator licensing, training standards, and safety procedures.
The role of a magic mushroom therapy facilitator is to create a safe and supportive environment for individuals undergoing psychedelic therapy. Facilitators will prepare individuals for their journeys, provide guidance during the experience, and help them integrate their insights into their everyday lives. They may also offer counseling and spiritual guidance, as psilocybin is often used for personal growth, spiritual exploration, and the treatment of mental health conditions such as depression, anxiety, and addiction.
While the decriminalization of psilocybin in Colorado is a significant step forward, it is important to note that it remains illegal at the federal level. Possession and use of psilocybin on federal property can still result in federal charges. Additionally, the sale and distribution of psilocybin mushrooms are prohibited in Colorado, and large-scale cultivation could lead to legal trouble if authorities suspect an intent to sell. As the legal landscape surrounding psilocybin continues to evolve, it is crucial for individuals to stay informed about the laws and regulations in their state.
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Frequently asked questions
No, magic mushrooms are not legal in Colorado, but they have been decriminalized for personal use by adults over the age of 21. Possession, use, and sharing of these substances are allowed, but commercial sales and public use are still illegal.
Decriminalization means that while the possession and use of magic mushrooms are still illegal under federal law, Colorado state laws have reduced penalties for these offenses. Possession is no longer treated as a major criminal offense, but it is important to understand the limits to avoid legal trouble.
The law applies to five naturally occurring substances: psilocybin, psilocin, dimethyltryptamine (DMT), ibogaine, and mescaline (as long as it is not derived from peyote).
No, the sale and distribution of magic mushrooms remain illegal in Colorado and can result in harsh penalties. Retail sales are considered a drug felony, and selling to minors is a level 1 drug felony.
Yes, adults over the age of 21 can cultivate their own magic mushrooms for personal use. The mushrooms must be grown in a secure, private area away from minors, and there is no set limit on the number of mushrooms that can be grown. However, large-scale grows may lead to legal trouble if authorities suspect an intent to sell.
