As of 2023, Colorado has enacted significant changes to its laws regarding psilocybin and other natural psychedelic substances through the passage of Proposition 122, also known as the Natural Medicine Health Act of 2022. This groundbreaking legislation decriminalizes the personal use, possession, cultivation, and sharing—but not the sale—of certain natural psychedelics for adults aged 21 and over.

Key Provisions of Proposition 122

• Decriminalization: Adults 21 and older may legally possess, consume, and share specific natural psychedelic substances, including:
  • Psilocybin and psilocin (found in psychedelic mushrooms)
  • Dimethyltryptamine (DMT)
  • Ibogaine
  • Mescaline (excluding peyote)
• Personal Cultivation: Individuals are permitted to cultivate psychedelic mushrooms at their private residences within a space no larger than 12 by 12 feet. Access to cultivation areas must be restricted to those aged 21 and over.
• Sharing: Adults may share these substances with other adults aged 21 and over without remuneration. However, selling these substances remains illegal.
• Public Use: It is unlawful to openly and publicly consume or display these substances. Violations can result in a fine of up to $100 and up to 24 hours of public service.
• Underage Restrictions: Possession or use by individuals under 21 is illegal, as is providing these substances to minors.

Regulated Access and Healing Centers

Proposition 122 establishes a framework for the creation of state-licensed “healing centers”, where individuals can receive supervised administration of natural psychedelic substances:

• Timeline: The first licenses for healing centers are expected to be issued in late 2024 or beyond.
• Regulation: The Colorado Department of Regulatory Agencies (DORA) is responsible for developing rules and regulations for these centers, including facilitator qualifications and training requirements by January 1, 2024.
• Services: Healing centers will provide access to psilocybin and psilocin in a controlled, therapeutic setting under the guidance of trained facilitators.

Penalties for Unlawful Sale

While personal use and sharing are decriminalized, the sale of psilocybin mushrooms and other natural psychedelics remains illegal and subject to severe penalties:

• Level 3 Drug Felony:
  • Up to 14 grams: Punishable by 2 to 4 years in prison and fines ranging from $2,000 to $500,000.
• Level 2 Drug Felony:
  • More than 14 grams but not more than 225 grams: Punishable by 4 to 8 years in prison and fines ranging from $3,000 to $750,000.
• Level 1 Drug Felony:
  • More than 225 grams: Punishable by 8 to 32 years in prison and fines ranging from $5,000 to $1,000,000.
  • Sale to a Minor: Selling any amount to a minor who is at least two years younger than the seller is also classified as a Level 1 drug felony.

Legal Considerations

• Federal Law: Despite state-level decriminalization, psilocybin remains a Schedule I controlled substance under federal law, indicating no accepted medical use and a high potential for abuse. Federal law enforcement agencies may still enforce federal statutes.
• Harm Reduction Services: Individuals may accept payment for legitimate harm reduction services related to the use of natural psychedelics, such as education and guidance. However, providers:
  • Cannot advertise their services if they supply the substances.
  • Must disclose to clients that they are unlicensed if that is the case.
  • Can share substances with clients free of charge but cannot sell them.

Current Landscape

• Increased Accessibility: The decriminalization has led to a rise in individuals openly providing access to mushrooms and related services. While selling remains illegal, the gray market has expanded due to perceived lower legal risks.
• Community Impact: There’s been a significant growth in the number of people offering psychedelic guidance and harm reduction services, contributing to broader discussions on therapeutic uses.

Future Developments

• Additional Substances: By June 2026, Colorado may consider regulating additional natural medicines under the guidance of the Natural Medicine Advisory Board.
• Regulatory Framework: The ongoing development of regulations for healing centers and facilitators will shape the accessibility and legal landscape of psychedelic-assisted therapies in the state.

Important Notes

• Public Safety: The law emphasizes responsible use, prohibiting public consumption and ensuring substances are kept out of reach of minors.
• No Commercial Sales: Commercial sale of psilocybin and other natural psychedelics is illegal. Only licensed healing centers, once operational, will be authorized to provide these substances in a regulated setting.
• Legal Risks: Engaging in the unlicensed sale or distribution can result in severe legal consequences, including felony charges.

Colorado’s progressive stance on psilocybin and natural psychedelics marks a significant shift towards recognizing the potential benefits of these substances. The implementation of Proposition 122 aims to balance individual freedoms with public health and safety considerations, paving the way for regulated therapeutic use while maintaining restrictions on commercial sales and ensuring protections for minors.

Disclaimer: Nothing herein should be construed as legal advice. Additionally, cannabis laws and psychedelic laws are quickly evolving. Thus, while we do our best to keep our content current, we are not able to guarantee that the content herein is current or even accurate. You should not take any action in reliance on the information on this website.