Skip to content
FungodexCalm mode

Are magic mushrooms legal in Colorado?

Legal / regulated

Partly. A licensed legal route to psilocybin exists in Colorado, but it does not make mushrooms legal everywhere or for everyone.

Since SB23-290 took effect on 1 July 2023, adults 21+ in Colorado may possess, use, grow and share psilocybin mushrooms for personal use without payment. Home grows must be in an enclosed, locked space of no more than 12 x 12 feet. Selling is only lawful through the state's licensed natural medicine system, which licenses healing centres where adults can take psilocybin under a facilitator; federal law still prohibits psilocybin.

Last verified against primary sources:

What is and is not allowed

Possession
Adults 21 and over may possess, consume and share psilocybin and psilocyn without remuneration for personal use without violating state or local law (C.R.S. 18-18-434(5)).
Cultivation
Adults 21+ may cultivate for personal use on private property in an enclosed and locked space, with a combined grow area no larger than 12 feet by 12 feet unless a local law expressly permits more.
Sale and supply
Selling, or sharing for remuneration, is not permitted except through the state-licensed system under Article 170 of Title 12 and Article 50 of Title 44, and personal-use protections do not cover business promotion or commercial activity.
Penalties
Possession or consumption by someone under 21 is a drug petty offence with a fine of up to $100 or up to 4 hours of substance education; public display or consumption is a drug petty offence with a fine up to $100 and up to 24 hours of public service. Cultivating beyond 12 x 12 feet, or outside an enclosed and locked space, is a drug petty offence with a fine up to $1,000. Unlicensed manufacture using an inherently hazardous substance is a level 2 drug felony.

Governing law

Proposition 122 (Natural Medicine Health Act of 2022); SB23-290 (Natural Medicine Regulation and Legalization), C.R.S. 18-18-434, Article 170 of Title 12 and Article 50 of Title 44

Check before you act. This page is a reference, not legal advice. Drug law changes, and local rules can differ from national ones. A licensed legal route exists for at least some adults. Read the primary source below before relying on it.

Common questions

Are magic mushrooms legal in Colorado?

Yes for adults 21+: personal possession, use and sharing without payment are legal under state law. Selling is only legal through licensed businesses, and psilocybin remains illegal federally.

Can I grow psilocybin mushrooms in Colorado?

Yes, for personal use if you are 21+, on private property, in an enclosed and locked space no larger than 12 x 12 feet in total. Exceeding that is a petty offence with a fine of up to $1,000.

Can I sell or give away mushrooms?

You can share without payment with adults 21+. Selling, or sharing for anything of value, is only lawful for state-licensed businesses.

Other places in North America

All jurisdictions