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Colorado trial attorneys

Denver group pushes to decriminalize mushrooms

On behalf of Dolan + Zimmerman LLP April 4, 2019

You may have heard about an initiative to decriminalize “magic mushrooms.” Do not take this to mean that psychedelic mushrooms are legal or that – if passed – this would apply to Boulder. Possession of these mushrooms is still very much illegal and people caught with them still face very serious criminal charges.

Right now, the activist group Denver for Psilocybin is collecting signatures to show support for the decriminalization of mushrooms. The group reports having enough signatures to make the municipal ballot. While the group does have thousands of signatures, showing support is not the same as changing a law.

Would “magic mushrooms” be legal across the board?

No. The initiative is to decriminalize the possession of mushrooms for people 21 and older. This would make possession and use a low priority for the police department and the city would no longer be able to prosecute mushroom possession cases.

How serious are drug charges for mushrooms?

Very serious. Mushrooms are a schedule 1 drug under federal law. For perspective, heroin is also a schedule 1 drug. A schedule 1 classification is for drugs which the FDA views as having no medicinal – or healing – properties.

Someone in possession of mushrooms can face a felony level drug charge. This can mean prison time and expensive fines.  

Are mushrooms legal in other states?

Right now, no. However, there is a 2020 initiative in Oregon to not only decriminalize, but also make growing the mushrooms with a license, legal.

What should someone do today who is caught with mushrooms?

Contact an attorney, right away. Possession of a controlled substance is no joke. Even though the decriminalization initiative does have support, psilocybin is still illegal today and there is no guarantee that it will ever be legal. Do not make the mistake of thinking that prosecutors are suddenly going light on drug crimes. They are not and a drug charge could lead to prison time, fines, and a criminal record.