Coloradans are gearing up to vote on the NMHA ballot initiative. While magic mushrooms have in some circumstances been decriminalized for adults over 21 in Denver since 2019, the change would mean that it would no longer be illegal for people over 21 to grow, possess or give away psilocybin mushrooms throughout Colorado. Law enforcement in Denver must treat the personal use and possession of psilocybin mushrooms as their lowest priority.
However, Denver is an outlier, and the vote is still a way off, so those who currently possess, take, sell or give away magic mushrooms could still face criminal charges if caught in drug possession. While researchers believe that mushrooms are non-addictive, and many studies even tout the medicinal benefits of consuming small quantities of the drug, mushrooms are still considered a Schedule 1 or 2 drug.
Schedule 1 drugs in Colorado
They fall in the same category as heroin, LSD, and ecstasy. The state defines this category as the one for the most dangerous drugs–ones with no officially accepted medical use and the highest potential for abuse. Depending upon the charges, mushrooms can involve felony or misdemeanor charges for possession, consumption, manufacturing, or transferal. As with other drugs, the charges for those who manufacture, distribute or intend to distribute are typically felonies.
Felony charges use these guidelines for sale or distribution:
- Not more than 14 grams: It is a Level 3 Drug Felony with the potential of 2 to 4 years in prison and $2,000 to $500,000 in fines.
- 15 to 225 grams: It is a Level 2 Drug Felony with the potential of 4 to 8 years in prison and $3,000 to $750,000 in fines.
- More than 225 grams: It is a Level 1 Drug Felony with the potential for 8 to 32 years in prison and $5,000 to $1 million in fines.
These are still serious charges
Despite Denver’s decriminalization and the pending vote, those facing charges related to psilocybin mushrooms should consult an experienced criminal law attorney to ensure the client’s rights are protected and the charges fit the actual crime.