It is now legal in Colorado for people 21 and older to possess, share and use magic mushrooms, including psilocybin, psilocin, DMT, ibogaine and mescaline not extracted from peyote.
People 21 and older may also grow psychedelic mushrooms in a private residence as long as people under 21 are kept away from them.
In this article, our Denver Colorado criminal defense lawyers will address:
- 1. What are psilocybin mushrooms?
- 2. Are magic mushrooms legal in Colorado?
- 3. What are the penalties for the unlawful sale of psilocybin mushrooms?
- 4. Can I get my past criminal record sealed?
1. What are psilocybin mushrooms?
Psilocybin mushrooms are a naturally occurring mushroom that contains hallucinogenic compounds. Psilocybin mushrooms are also known as
- psychedelic mushrooms,
- magic mushrooms, or
- “shrooms.”
These mushrooms are taken for recreational or spiritual use. Users report
- feelings of euphoria,
- altered sense of time,
- altered thinking,
- visual hallucinations, and
- spiritual experiences.
Adverse effects of psilocybin mushrooms include fear and paranoia, sometimes referred to as a “bad trip.”
Psilocybin is present in about 200 varieties of mushrooms that naturally grow around the world. Psilocybin mushrooms are generally found in tropical or subtropical forests.1
Colorado has decriminalized the possession and use of magic mushrooms.
2. Are magic mushrooms legal in Colorado?
As of 2023, it is no longer a crime in Colorado for adults 21 and older to possess, consume, and share
- psilocybin
- psilocin
- DMT (Dimethyltryptamine),
- ibogaine and
- mescaline not extracted from peyote.
Adults 21 and older may also cultivate psychedelic mushrooms in a private residence, but people under 21 must be kept away from them.2
Note that possessing or using magic mushrooms – which are a schedule I controlled substance – remains a federal crime.3
3. What are the penalties for the unlawful sale of psilocybin mushrooms?
Retail sales of magic mushrooms remain a drug felony in Colorado.
| Amount of psilocybin | Colorado penalties for selling |
| Up to 14 grams | Level 3 drug felony:
|
| More than 14 grams to 225 grams | Level 2 drug felony:
|
| More than 225 grams | Level 1 drug felony:
|
It is also a level 1 drug felony to sell any psilocybin mushrooms to a minor who is at least two years younger than you.4
Learn more about drug sale laws in Colorado.
4. Can I get my past criminal record sealed?
If you have prior convictions of possessing magic mushrooms in Colorado, you can petition the court to have your record sealed right away.5
Learn how to seal criminal records in Colorado.
Legal References
- See Psilocybin, DEA.gov.
- Proposition 122. Lucas Brady Woods, Proposition 122 legalized some psychedelics in Colorado. Now the state has to come up with regulations, NPR for Northern Colorado (December 8, 2022). Jeremy Jojola, Here’s how Colorado’s rule-making for psychedelic ‘healing centers’ begins, 9-News CBS (January 31, 2023).
- 21 U.S.C. § 844. See also People v. Webb (Co. 2014) 325 P.3d 566; Campbell v. People (2004) .
- CRS 18-18-405.
- CRS 24-72-703.