Denver's Mushroom Decriminalization: A Historical Turning Point

when did denver decriminalize mushrooms

Denver made history in 2019 by becoming the first US city to decriminalize 'magic mushrooms', which contain the hallucinogenic compound psilocybin. The ordinance prohibited the city from spending resources to impose criminal penalties on those in possession of the drug. The move was driven by a grassroots campaign, Decriminalize Denver, which argued that the potential benefits of psilocybin outweighed the risks, with growing medical research supporting its use in treating conditions like anxiety and depression. However, the decriminalization of psychedelic mushrooms in Denver sparked concerns about potential negative impacts on the city's image and long-term health consequences for its residents. In 2025, Denver adopted new licensing rules for psilocybin businesses, marking a shift in the city's approach to the regulation of these substances.

Characteristics Values
Year of decriminalization 2019
Date of decriminalization May 2019
City Denver
State Colorado
Ordinance Initiated Ordinance 301, or the Denver Psilocybin Mushroom Initiative
Vote 50.5% in favor, 49.4% against
Number of votes in favor Less than 2,000
Number of drug crime prosecutions by the Denver district attorney’s office between 2016 and 2018 9,200+
Number of psilocybin cases out of the total prosecutions 11
Organization that led the decriminalization effort Decriminalize Denver
Name of the campaign director of Decriminalize Denver Kevin Matthews
Number of signatures collected by Decriminalize Denver 9,500
Date signatures were collected January
Endorsements Denver Green Party, Libertarian Party of Colorado
Date of new licensing law March 2025
Number of psilocybin-related criminal charges since decriminalization A few dozen
Number of confiscations since decriminalization A few dozen

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Denver's decriminalization of magic mushrooms in 2019

Denver made history in 2019 when it became the first US city to decriminalize "magic mushrooms" or hallucinogenic mushrooms. The city approved a city ordinance, known as Initiated Ordinance 301 or the Denver Psilocybin Mushroom Initiative, which sought to "deprioritize, to the greatest extent possible" criminal penalties for the personal use and possession of psilocybin mushrooms.

The initiative was approved by a slim margin, with about 50.5% of voters in support and 49.4% against it. Kevin Matthews, the campaign director of Decriminalize Denver, led the grassroots effort. Matthews credited mushrooms with "saving his life" and shared how psilocybin had positive and lasting effects on his mental health. The initiative received endorsements from the Denver Green Party and the Libertarian Party of Colorado.

Denver's move to decriminalize magic mushrooms represented a significant shift in drug policy and a departure from the "war on drugs." It also built upon previous efforts in the city, such as the legalization of marijuana for recreational use. While the ordinance did not legalize mushrooms, it prohibited the city from using resources to impose criminal penalties for personal use and possession. This meant that individuals would not face legal repercussions for using, possessing, cultivating, or sharing small amounts of psilocybin mushrooms.

The decision was based on growing medical research indicating the therapeutic potential of psilocybin. Studies from Johns Hopkins, UCLA, New York University, and other institutions demonstrated its effectiveness in treating conditions like anxiety, depression, and cluster headaches. Additionally, psilocybin was shown to be non-addictive and carried a low risk of harmful side effects or overdose.

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The Denver Psilocybin Mushroom Initiative

On May 8, 2019, Denver became the first city in the United States to decriminalize "magic mushrooms" by approving the Denver Psilocybin Mushroom Initiative, also known as Initiated Ordinance 301. The ordinance sought to "deprioritize, to the greatest extent possible" criminal penalties for the personal use and possession of psilocybin mushrooms, which have been shown to have potential therapeutic benefits for conditions like anxiety, depression, and cluster headaches.

The initiative was approved by a slim margin, with about 50.5% of voters in support and 49.4% against it. The results of the vote signaled a shift in public opinion towards drug policy and a growing interest in the therapeutic potential of psilocybin. The campaign was organized by grassroots efforts, with Kevin Matthews of Decriminalize Denver sharing his personal story of how mushrooms had "saved his life."

While the ordinance did not legalize mushrooms, it prohibited the city from using resources to impose criminal penalties for personal use and possession. This led to concerns about the ease of access and potential abuse, with critics arguing that Denver was becoming the "illicit drug capital of the world." However, supporters of the initiative emphasized the low risks and potential benefits of psilocybin, arguing that even one arrest was too many for something with such manageable risks.

In the years following the initiative's passage, Denver saw the emergence of a gray market, with a range of unlicensed psilocybin businesses offering guided experiences and other related services. While the sale of mushrooms remained illegal, the lack of criminal penalties for possession and personal growth made enforcement challenging. In response, the Denver City Council began adopting new licensing laws in 2025 to regulate the industry, with the state also preparing to accept licensing applications for "healing centers" where supervised psilocybin use would be allowed.

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The potential benefits of psilocybin

On May 9, 2019, Denver became the first city to decriminalize "magic mushrooms", which contain the hallucinogenic compound psilocybin. The ordinance sought to "deprioritize, to the greatest extent possible" criminal penalties for the personal use and possession of psilocybin mushrooms.

Psilocybin, a psychedelic compound found in "magic mushrooms", has gained increased attention for its potential therapeutic effects on mental health. Here are some of the potential benefits of psilocybin:

Treatment of Psychiatric Disorders:

Psilocybin has been found to interact with serotonin receptors in the brain, triggering various psychedelic effects. Research suggests that when administered in controlled conditions with supportive therapy, psilocybin may be effective in treating various psychiatric disorders, including depression, anxiety, and post-traumatic stress disorder (PTSD).

Addiction Treatment:

There is a growing interest in using psilocybin for addiction treatment, particularly for alcohol use disorder and other substance addictions. While scientific evidence is still limited, some studies suggest positive outcomes in this area.

End-of-Life Distress and Cancer-Related Anxiety:

Psilocybin has shown potential in reducing anxiety and distress associated with life-threatening illnesses, such as cancer. Clinical studies have reported significant improvements in patients with anxiety-related disorders, including reduced anxiety and improved mood.

Smoking Cessation:

Research has explored the potential of psilocybin-facilitated smoking cessation. While more research is needed, initial findings suggest that psilocybin may play a role in helping individuals quit smoking.

While psilocybin shows potential in these areas, it is important to note that further research is required to fully understand its therapeutic benefits and potential risks. The stigmatization, regulatory barriers, and funding challenges have slowed the progress of psilocybin research. However, with growing interest and support, there is optimism for continued exploration and advancements in this field.

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The grey market for mushrooms

Denver decriminalized "magic mushrooms" in May 2019. The ordinance prohibits the city from using resources to impose criminal penalties for the personal use and possession of psilocybin mushrooms. However, the act of selling psilocybin mushrooms remains illegal.

Since the decriminalization of psilocybin mushrooms in Denver, a grey market for the substance has emerged. People offering guided experiences and other mushroom-related businesses have flourished. Online searches quickly reveal websites offering guiding services in the Denver area, and Facebook Marketplace listings for psychedelic mushrooms are also common.

Individuals in Denver are allowed to cultivate their own mushrooms in private spaces up to a size of 12 feet by 12 feet. This has led to many people growing mushrooms in closets and warehouses and "sharing" them with others, including practitioners and guides. These individuals have relatively little fear of punishment as the criminal penalties for growing and possession have been removed.

However, the state of Colorado is planning to launch a more strictly regulated mushroom industry. Lawmakers are already trying to discourage informal operators, and the first licenses may be granted by the end of 2024. The new regulations will include strict requirements and costs for facilitators, similar to Oregon's regulated system.

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The future of mushroom regulation in Denver

On May 8, 2019, Denver became the first city in the US to decriminalize "magic mushrooms", which contain the hallucinogenic compound psilocybin. The ordinance prohibited the city from spending resources to impose criminal penalties on those in possession of the drug for personal use.

In 2023, Colorado decriminalized five psychedelic substances, including psilocybin, meaning personal possession, cultivation, use, and sharing are not illegal or grounds for arrest. This has allowed a "'gray market'" to crop up, with entrepreneurs offering guided psychedelic experiences, ""microdosing" advice, and supplies in mostly legal arrangements.

In March 2025, the Denver City Council approved rules for psilocybin businesses in the city, adopting a new licensing law. This has been described as "the end of an era" for mushrooms in Denver, as the new law could push the gray market out of sight. However, it is still too early to tell just how much decriminalization has changed the drug market in Denver.

While some are concerned that the new licensing law will favor investor-backed companies, others see it as a natural evolution of drug policy in Denver, bringing it in line with other states that have figured out a regulatory framework for natural medicine.

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Frequently asked questions

Denver decriminalized "magic mushrooms" on May 9, 2019.

Decriminalization in this context means that the ordinance would prohibit the city from spending resources to impose criminal penalties on those in possession of the mushrooms.

In 2025, Denver City Council approved rules for psilocybin businesses in the city, ending the era of decriminalization.

The ordinance was approved by less than 2,000 votes, with about 50.5% of voters supporting the ordinance and 49.4% against it.

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