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The recent changes to the law regarding psilocybin – or magic – mushrooms has left many people confused about their legal status. In 2022, Colorado legalized psilocybin, but doesn’t mean you can use, possess, or distribute them without restrictions.

For example, selling magic mushrooms without proper licensing, using them in public, or possessing large quantities can lead to serious legal consequences. At the Law Office of Jacob Martinez, we’re here to clarify the laws and protect your rights if you’re dealing with psilocybin-related charges.

The Basics of Magic Mushrooms

Magic mushrooms contain psilocybin, a hallucinogen that alters perception, mood, and cognition. People use them for spiritual exploration, recreational enjoyment, or therapeutic benefits like managing depression, anxiety, or PTSD.

However, under federal law, psilocybin is classified as a Schedule I controlled substance, grouping it with heroin and LSD due to its perceived high abuse potential and no accepted medical use. Despite this, Colorado has made significant strides to reclassify psilocybin, resulting in evolving state and local regulations.

Legal Status of Magic Mushrooms in Colorado

Decriminalization in Denver

In 2019, Denver decriminalized psilocybin, prioritizing law enforcement resources away from prosecuting personal use and possession. While this doesn’t legalize magic mushrooms, it lowers the likelihood of severe legal consequences for personal possession. However, selling or distributing psilocybin can still lead to criminal charges.

Statewide Legalization Under Proposition 122

In 2022, Colorado passed the Natural Medicine Health Act (Proposition 122), allowing adults 21 and older to legally possess, use, and cultivate psilocybin for personal use. The law also permits licensed psilocybin-assisted therapy, set to begin in 2024. Despite these changes, the use and sale of psilocybin remain regulated, and violating these rules can result in legal repercussions.

What is Still Illegal?

While Colorado has progressive psilocybin laws, several restrictions remain:

• Distribution and Sale: Selling psilocybin without a license is illegal and treated as a serious offense.
• Public Use: Consuming psilocybin in public areas is prohibited, much like marijuana.
• Use by Minors: Psilocybin is restricted to individuals aged 21 and older.
• Interstate Transportation: Transporting psilocybin across state lines violates federal law.
• Driving Under the Influence: Operating a vehicle while impaired by psilocybin can result in DUI charges.

Legal Penalties for Unlawful Use or Distribution

Despite decriminalization and legalization efforts, violations carry significant penalties. Possessing amounts exceeding personal use can lead to additional charges. Unauthorized distribution or trafficking can result in heavy fines and prison sentences. DUI or public intoxication charges may also arise from misuse.

Understanding Psilocybin Therapy in Colorado

Proposition 122 introduced a framework for licensed psilocybin-assisted therapy, set to launch in 2024. Only licensed professionals may administer therapy, and unlicensed use or distribution remains illegal. These regulations aim to balance access with accountability while ensuring public safety.

Contact a Denver Criminal Defense Lawyer Today

Facing psilocybin-related charges in Colorado can be daunting due to the state’s evolving drug laws. Jacob E. Martinez, a seasoned Denver criminal defense attorney, understands the stakes involved. Recognized for his strategic approach and relentless commitment to justice, Jacob has successfully defended clients facing complex drug charges. You can expect tailored legal representation from him to ensure your rights are upheld throughout the process.

Fill out our online form or contact the Law Office of Jacob E. Martinez at (720) 246-6700 for a free consultation, and let us advocate for your future.