When voters agreed to legalize psilocybin last year, they moved Colorado into uncharted territory and toward a future with some kind of state-regulated psychedelic sector. Six months later, where does that process stand?
One answer is that the psychedelic industry has already arrived. Colorado law changed around the start of the year to remove many criminal penalties related to possessing and using psilocybin mushrooms and some other psychedelic drugs.
Especially for mushrooms, that’s allowed a “gray market” to crop up, with entrepreneurs offering everything from guided psychedelic experiences to “microdosing” advice and supplies in mostly legal arrangements. Many in the scene say that it’s also become easier and cheaper to obtain mushrooms, even though actual sales remain illegal.
At the same time, the state is preparing for the launch of a much more formal, highly regulated psychedelics industry. Starting late in 2024, the state government is set to start accepting licensing applications for “healing centers” staffed by “facilitators” who can provide psilocybin and supervise its use.
Here’s what else you need to know.
Most criminal penalties have been removed for psilocybin in Colorado.
Colorado voters approved Prop. 122 in November 2022. But it’s taking effect in stages, with the full rollout scheduled to take about two years in all.
The first change, decriminalization, began about six months ago. The proposition removed criminal penalties related to the cultivation, possession and consumption of psychedelic mushrooms and three other psychedelic substances, with some limits. It also became legal to give away the drugs, but not to sell them.
Use and sharing of the drugs is limited to people 21 and older.
The state legislature stepped in this spring to tweak implementation of the law, with those changes taking effect on July 1, 2023. Here’s where things will stand under the new law:
- People are allowed to grow and consume psilocybin and psilocybin mushrooms and their derivatives; as well as have ibogaine; mescaline; and DMT for “personal use.” The law does not set specific quantity limits. (Note that the law does not cover LSD, which remains fully criminalized).
- People can give away, or share, most of those substances — but they can’t sell them. Ibogaine also cannot be shared.
- People can sell “bona fide” services for “harm reduction” or “support” related to the use of psychedelic drugs, though the law does not define those terms. Those service providers can also “share” the drugs with clients, free of charge. But if they are providing the drugs, they cannot advertise their services in any way. Unregulated practitioners also must tell clients they’re working without a license.
- People are allowed to cultivate mushrooms within a 12-by-12 foot area on private property.
- It is illegal to “openly and publicly” display or consume psilocybin mushrooms, with a fine of up to $100 and 24 hours of public service.
- It is illegal for people under the age of 21 to possess or consume any of the listed substances. It’s also illegal to share those substances with underage people.
- Psychedelic mushrooms and the other affected drugs remain illegal at the federal level, meaning anyone growing or using them could still face consequences from federal law enforcement
The loosened laws have allowed a gray market for mushrooms to sprout into the light. They are now more commonly available for sale from black-market cultivators, who feel they are less vulnerable to legal repercussions.
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