Are magic mushrooms legal in Colorado?
Legal / regulatedPartly. 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.
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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
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.