Psilocybin in Colorado: What to Know (2024)

14 minutes
September 5, 2024

The landscape of psychedelic substances is undergoing a significant shift in Colorado. As of 2024, psilocybin, the active compound in magic mushrooms, has gained attention for its potential therapeutic benefits and changing legal status. This development has sparked curiosity and debate among residents, healthcare professionals, and policymakers about the future of psychedelic mushrooms and other substances in the state.

Colorado's approach to psilocybin reflects a broader trend in reassessing drug policies and exploring alternative treatments for mental health conditions. This article delves into the current legal status of psilocybin in Colorado, examines how individuals can access it legally, and explores its medical and therapeutic applications. By providing a comprehensive overview, readers will gain insight into the evolving psilocybin scene in Colorado and its potential impact on healthcare and society.

Psilocybin Colorado Laws & Legal Status 

Proposition 122 (Nature Health Medicine Act) – Overview 

In November 2022, Colorado voters approved Proposition 122, also known as the Natural Medicine Health Act. This groundbreaking measure has significantly altered the legal landscape for five psychedelic substances in the state. The law permits licensed healing centers to offer access to psilocybin and psilocin—the psychoactive compounds found in various fungi species—for therapeutic purposes. It also decriminalized the “personal use” of these substances.

More specifically, Proposition 122 allows individuals aged 21 and over to legally possess, consume, and share: psilocybin (found in psychedelic mushrooms), psilocin (also found in certain fungi), DMT (Dimethyltryptamine), ibogaine, and mescaline. This change in law reflects a shift in Colorado's approach to these substances, recognizing their potential therapeutic benefits while maintaining certain restrictions.

The measure also establishes a regulatory framework for the future establishment of healing centers. These centers will provide adults with access to these substances under the supervision of trained facilitators. To oversee this new system, the Department of Regulatory Agencies (DORA) has been charged with managing the licensing and registration for facilities where supervised use will occur, as well as regulating related businesses such as cultivators and product manufacturers. 

Additionally, Prop 122 created a 15-member public advisory board appointed by the Governor and confirmed by the state Senate–the Natural Medicine Advisory Board. This board is responsible for helping implement the act and making regulatory recommendations to the state legislature, DORA, and other relevant state agencies.

Sign up for Odyssey to stay in the loop on future legal, professionally-guided psychedelic experiences in Colorado. 

Decriminalization vs. Legalization

It's crucial to understand the distinction between decriminalization and legalization in the context of Colorado's psilocybin laws. While Proposition 122 decriminalized certain aspects of psychedelic use, it did not fully legalize psilocybin. 

Decriminalization means that the possession and personal use of specified amounts of psilocybin and other natural psychedelic substances are no longer considered criminal offenses. This change removes criminal penalties for these activities, making them a low priority for law enforcement. 

However, decriminalization does not equate to full legalization. The sale and commercial production of psilocybin and other natural medicines remain illegal. The law specifically prohibits the establishment of mushroom dispensaries similar to those selling cannabis. 

Read: Considering a Colorado Psilocybin Retreat? Here's What You Need to Know

Personal Use and Possession Limits

Under the new law, adults aged 21 and older have the right to possess and use psilocybin and other specified natural psychedelics for personal use. The law also allows for the personal cultivation of psilocybin-containing mushrooms at a private residence, with the stipulation that access must be restricted to individuals under the age of 21.

While Proposition 122 sets personal possession limits, these limits are intentionally not strictly defined. The law allows adults to possess up to 2 ounces of psilocybin mushrooms for personal use. Additionally, individuals are permitted to cultivate up to six psilocybin-containing mushroom plants.

The cultivation of mushrooms is allowed within a 12-by-12 foot area on private property. This provision gives individuals the opportunity to grow their own supply, further emphasizing the personal use aspect of the law.

Importantly, while personal use and possession have been decriminalized, there are still restrictions in place. For instance, it remains illegal to "openly and publicly" display or consume psilocybin mushrooms, with violations potentially resulting in a fine of up to $100 and 24 hours of public service. 

Furthermore, the law maintains strict penalties for selling these substances. The severity of the penalties depends on the amount involved, ranging from Level 3 drug felonies for smaller amounts to Level 1 drug felonies for larger quantities, with potential prison sentences and substantial fines.

The “Gray Market”

The current legal psychedelic space in Colorado has led to the emergence of a “gray market,” particularly for mushrooms, where entrepreneurs offer services ranging from guided psychedelic experiences to microdosing advice and supplies, all within loosely defined legal frameworks. Participants in this space note that acquiring mushrooms has become easier and more affordable, despite the fact that direct sales remain illegal.

Meanwhile, the state is gearing up to launch a more formal and tightly regulated psychedelics industry. By December 2024, the state government will begin accepting licensing applications for healing centers, where certified facilitators will be authorized to provide psilocybin and oversee its use in a controlled setting.

Accessing Psilocybin Legally

Colorado's approach to psilocybin and the other specific psychedelic substances listed has evolved significantly since the approval of Proposition 122 in November 2022. This section explores the various legal avenues through which adults can access psilocybin in the state and find legal psychedelic experiences. 

Licensed Healing Centers

The state is making progress towards establishing a regulatory framework for licensed healing centers. These centers will provide adults with supervised access to psilocybin and other natural psychedelics for therapeutic purposes. The Department of Regulatory Agencies (DORA) has released preliminary rules for the psychedelic services industry, focusing on healing centers and facilitator requirements. 

Key points about licensed healing centers include:

  1. The state aims to accept licensing applications for healing centers by December 31, 2024
  2. Facilitators must meet specific qualifications, including being 21 years or older, having proof of basic life-support training, and completing 190 hours of training programs in natural medicine. 
  3. Local governments cannot block new healing centers, but they must be located at least 1,000 feet away from schools. 

While the groundwork is being laid, psilocybin-assisted therapeutic services will not be legally available until the state finalizes regulations for licensed healing centers and practitioners, expected in late 2024. 

Make sure to sign up for Odyssey to get first access to group retreats and private sessions at licensed healing centers in Colorado. 

Home Cultivation

As mentioned above, under the new law, adults aged 21 and older have the right to cultivate certain kinds of psychedelics for personal use. This provision allows individuals to grow their own supply within certain limitations:

  1. Permissible Substances: Individuals are allowed to cultivate natural plants and fungi that produce the psychedelic substances covered under Proposition 122. This primarily includes species containing psilocybin and psilocin, such as certain types of mushrooms.
  2. Use: Home cultivation is strictly for personal use; this means individuals can grow these substances for their own consumption but cannot sell them or distribute them for commercial gain.
  3. Location: Cultivation must take place within a 12-by-12 foot area on private property. Cultivation must occur in a secure location, out of public view. 
  4. Security and Safety: Home cultivators should implement safety measures to ensure that these substances are not accessible to children, pets, or unauthorized individuals. Secure storage and responsible handling practices are encouraged.
  5. Penalties: Growing in larger spaces could result in petty drug charges and fines up to $1,000.
  6. Local Regulations: While Proposition 122 provides a statewide framework, local governments might impose additional restrictions or requirements. It's essential for individuals to check their city or county regulations to ensure compliance with any additional local laws regarding home cultivation.

This home cultivation option provides a legal means for adults to access psilocybin without relying on licensed facilities or engaging in illegal transactions.

Sharing and Gifting

The law also allows for the sharing and gifting of psilocybin and other specified natural psychedelic substances among adults. Key points to understand about this aspect include:

  1. Age Requirement for Sharing: Only individuals aged 21 and older are legally permitted to share or gift psychedelic substances covered under Proposition 122, including psilocybin, psilocin, DMT, ibogaine, and mescaline (excluding peyote).
  2. Compensation: Sharing or gifting these substances must be done without any form of compensation. This means you cannot sell, trade, or exchange these substances for money, goods, or services. Any transaction involving compensation would be considered illegal under both state and federal law.
  3. Personal Use Only: Sharing and gifting are intended for personal use only. The substances shared must be for the personal consumption of the recipient and not for redistribution or resale. Facilitating or assisting in any commercial distribution outside of licensed healing centers is prohibited.
  4. Quantity Limits: There is currently no set limit on personal possession, which is intentional according to advocates who argue that it's subjective. Individuals should use common sense and caution, and it is advisable to only share small amounts that are reasonable for personal use to avoid any appearance of intent to distribute.
  5. Informed Consent: When sharing or gifting psychedelic substances, it’s important to ensure that the recipient is fully aware of what they are receiving and understands the potential effects and risks.
  6. Psychedelic Services: Individuals can receive compensation for harm reduction and psychedelic support services, such as trip-sitting or offering guidance, as long as they do not advertise these services.

It's crucial to emphasize that while sharing is permitted, retail sales of magic mushrooms remain a drug felony in Colorado. The law aims to protect traditional underground practices involving psychedelic use in spiritual, ceremonial, and therapeutic settings.

While these avenues for accessing psilocybin are now legal in Colorado, it's important to remember that the regulatory landscape is still evolving. The state is working towards establishing a comprehensive framework that balances access with safety and responsible use. As of 2024, adults can legally possess and use specified psychedelic substances, but the full implementation of licensed healing centers and related businesses is still in progress.

For those with prior convictions related to psilocybin possession in Colorado, the new law allows them to petition the court to have their records sealed immediately. This provision further underscores the state's shift towards a more progressive approach to psychedelic substances.

As Colorado continues to refine its policies and regulations surrounding psilocybin access, residents and healthcare professionals alike are watching closely to see how this groundbreaking approach unfolds and potentially influences policies in other states.

For more info, read Finding Legal Psilocybin Therapy in Colorado

Medical and Therapeutic Applications

Mental Health Treatment

Psilocybin, the active compound in "magic mushrooms," has shown promising results in treating various mental health issues and conditions. Research indicates that psilocybin may be effective in addressing major depression. The Center for Psychedelic and Consciousness Research at Johns Hopkins University carried out a survey study to evaluate the effects of psilocybin on mental health among individuals who used psilocybin in natural, non-research settings. The study results indicated that psilocybin mushroom consumption was linked to substantial enhancements in mental health, overall wellbeing, and psychological functioning. Participants reported lasting decreases in depression, with these improvements demonstrating a moderately large effect size.

Another significant area of potential application is in treating end-of-life distress in cancer patients. Studies have shown that psilocybin-assisted therapy can help alleviate anxiety and improve mood in patients facing life-threatening diagnoses. In one study, up to 80% of patients experienced significant improvements lasting six months or longer. 

The healing power of psilocybin has also shown promise in treating addiction. A study published in JAMA Psychiatry found that psilocybin, when combined with psychotherapy, significantly reduced heavy drinking days in individuals with alcohol use disorder. Similarly, a small pilot study at Johns Hopkins University reported that moderate-to-high doses of psilocybin, along with cognitive behavioral therapy, helped 10 out of 15 participants quit smoking for 12 months. 

Read: Psilocybin Therapy for Depression and Psilocybin Therapy for Obsessive-Compulsive Disorder (OCD)

Ongoing Research

The University of Colorado Anschutz Medical Campus is set to launch Colorado's first modern-era psilocybin clinical trial for depression. This study will focus on treatment-resistant depression and will explore psilocybin's potential to address anhedonia, a symptom characterized by the inability to feel pleasure or excitement. 

The research will involve 40 participants, divided into an active group receiving a larger dose of psilocybin and a control group receiving a non-therapeutic dose. What sets this study apart is its comprehensive approach to measuring depression symptoms, including subjective self-reports, behavioral observations, and brain imaging. 

Other ongoing research is exploring psilocybin's potential in treating conditions such as anorexia nervosa. A pilot study reported clinically significant reductions in eating disorder questionnaire scores for four out of five participants who received a single 25 mg dose of psilocybin with psychotherapy. 

Potential Benefits and Risks

The potential benefits of psilocybin therapy extend beyond symptom reduction. Research suggests that psilocybin may induce or enhance neural plasticity and neurogenesis in certain parts of the brain. It may also have powerful anti-inflammatory effects, potentially making it effective for neurological conditions such as stroke or neurodegenerative diseases.

See The Safety of Psilocybin Therapy for more information. 

One of the unique aspects of psilocybin therapy is its potential for long-lasting effects. Some studies have reported benefits lasting up to a year after a single dose, which could represent a significant advantage over traditional antidepressant medications that require daily use. 

Psilocybin use, while generally considered physiologically safe, carries certain risks, especially for individuals with pre-existing health conditions. Potential risks include interactions with prescription medications, psychological effects like anxiety or paranoia, and the exacerbation of psychiatric disorders such as schizophrenia or bipolar disorder. It's important for users to undergo thorough screening, be mindful of their mental health history, and have a strong support system to mitigate these risks. Responsible use, proper guidance, and professional oversight are essential for safety. Odyssey retreats are professionally-guided and backed by science, see more here

As research progresses, the scientific community continues to advocate for responsible implementation of psilocybin therapy, with an emphasis on evidence-based practices and comprehensive support systems for patients. The ongoing studies and evolving regulatory frameworks aim to harness the therapeutic potential of psilocybin while minimizing risks and ensuring patient safety.

Psilocybin Therapy Colorado 

Colorado’s psilocybin services are highly regulated, ensuring that experiences are conducted in safe and supportive settings. Sessions are typically guided by trained professionals who help patients navigate the psychedelic experience to achieve therapeutic breakthroughs. With growing research supporting the efficacy of psilocybin for mental health, more Colorado residents are exploring this treatment option, making it an increasingly popular alternative to traditional therapies. As of 2024, several clinics across Colorado are offering psilocybin therapy, providing residents with access to this cutting-edge treatment.

Conclusion

Colorado's approach to psilocybin marks a significant shift in drug policy, balancing decriminalization for personal use with ongoing restrictions on commercial activities. This new landscape opens up possibilities to explore the potential benefits of certain substances while maintaining safeguards against misuse. The state's evolving regulatory framework, including the establishment of licensed healing centers and provisions for home cultivation, reflects a thoughtful approach to integrating psychedelic substances into healthcare and society.

As research continues to shed light on psilocybin's potential therapeutic applications, Colorado stands at the forefront of a new era in mental health treatment. The ongoing studies and clinical trials have the potential to revolutionize our understanding of depression, addiction, and other mental health conditions. However, it's crucial to remember that while promising, psilocybin therapy is still in its early stages, and careful consideration must be given to both its benefits and risks as we move forward in this exciting field.

FAQs

Are psychedelic mushrooms (“shrooms”) legal in Colorado? 

  • Yes, psychedelic fungi containing psilocybin are legal for personal use and therapeutic purposes in Colorado under the Natural Medicine Health Act of 2022, which took effect in 2023.

What is the Colorado legal limit for psilocybin? 

  • Colorado law does not specify a possession limit for psilocybin, but personal use is permitted. It’s important to follow local regulations and consult with legal authorities if unsure.

What is psilocybin? What is psilocin? 

  • Psilocybin is a naturally occurring psychedelic compound found in certain mushrooms, often referred to as "magic mushrooms" or "shrooms," known for its mind-altering effects.
  • Psilocin is another psychoactive compound found in certain types of psychedelic mushrooms, often alongside its more well-known counterpart, psilocybin. When ingested, psilocybin is metabolized into psilocin in the body, which then binds to serotonin receptors in the brain, leading to altered perceptions, mood changes, and other psychedelic effects. Unlike psilocybin, psilocin is the active ingredient directly responsible for the hallucinogenic experience, making it the active agent during the psychedelic trip.

Where can you legally buy mushrooms in Colorado? 

  • As of 2024, psilocybin can be legally obtained from licensed healing centers. The centers are able to administer the substances while the user is at the facility. These centers only provide these services in-house; they cannot provide psychedelics for outside personal use. 

What are the criminal penalties for psilocybin in Colorado? 

  • State officials have set the following penalties for the retail sale of psilocybin: some text
  • The unlawful sale of any psilocybin mushrooms to a minor who is at least two years younger than you is also a level 1 drug felony. 

What is the most recent Colorado news regarding psilocybin?

  • The most recent developments regarding psilocybin in Colorado include a mix of regulatory actions and community involvement as the state prepares to fully implement its psychedelic laws. In August 2024, there was a significant recall of synthetic psilocybin products known as Diamond Shruumz due to safety concerns, highlighting ongoing issues in the unregulated market. Meanwhile, the state is advancing towards establishing a regulated psychedelics industry, with applications for licensed centers set to open by the end of 2024. These centers will be authorized to provide supervised psilocybin experiences in a controlled environment.
  • Additionally, Denver residents are playing an active role in shaping local psilocybin policies. The city has sought community input to help develop regulations that balance public safety with the therapeutic potential of psilocybin, reflecting a broader trend of public engagement in the rollout of psychedelic therapies in Colorado. 

Where is psilocybin legal in the US? 

  • Psilocybin services are legal in Oregon and Colorado, with restrictions. However, at the federal level, psilocybin mushrooms remain illegal in the United States. Some cities, like Oakland and Denver, have decriminalized it, but these policies do not change its status at the federal level.

What are the five legal psychedelic drugs in Colorado? 

  • Prop 122 allows individuals aged 21 and over to legally possess, consume, and share these five natural psychedelic substances: psilocybin, psilocin, DMT (Dimethyltryptamine), ibogaine, and mescaline. 

Where should I go for legal spiritual experiences with psilocybin? 

  • Check out these group retreats or private sessions for legal, assisted mushroom spiritual experiences and psilocybin therapy. Odyssey’s psilocybin experiences are all expert-guided, grounded in science, and highly personalized. Past users say that it was, “the single most meaningful experience of my life… I feel like I'm now the person I've always been but didn't realize it until now” and that it “has changed my life.” Read more testimonials and get started today

Is peyote legal in Colorado? 

  • As of 2024, peyote has not been legalized in Colorado nor is it one of the five substances made legal in Proposition 122. 

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