Is Psilocybin / Magic Mushrooms Legal in Colorado? (2026)
No — Psilocybin / Magic Mushrooms are illegal in Colorado as of 2026.
Law changed in 2022: Proposition 122, passed in 2022, legalized personal use and cultivation. In June 2025, the governor issued a pardon for prior state convictions of simple possession. The state is now in the process of licensing facilitators for therapeutic use.
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Quick Answer
Psilocybin mushrooms are illegal under Colorado Revised Statutes § 18-18-406. However, in 2022, Denver voters approved Initiative 301, decriminalizing possession and personal use of psilocybin mushrooms. State law still prohibits sale and manufacture.
What the Law Says
Proposition 122 (2022) legalized personal use, possession, and cultivation of psilocybin for adults 21+. The state is licensing facilitators for therapeutic use.
— Colorado Revised Statutes Title 18 - Crimes and Offenses
| Category | Details |
|---|---|
| Possession | Illegal under state law but decriminalized in Denver city limits. |
| Distribution | Illegal statewide. |
| Penalties | State penalties apply outside Denver; Denver enforces minimal penalties for possession. |
| Age Restriction | None (illegal for all ages). |
| Pending Legislation | None known |
Proposition 122, passed in 2022, legalized personal use and cultivation. In June 2025, the governor issued a pardon for prior state convictions of simple possession. The state is now in the process of licensing facilitators for therapeutic use.
Enforcement Reality
Following the passage of Proposition 122, personal use, possession, and cultivation of psilocybin mushrooms by adults 21 and older is legal. Law enforcement is trained to identify impaired driving but not to pursue charges for simple possession within legal limits.
A common mistake is the public sale or distribution of psilocybin mushrooms, which remains illegal. Another is cultivating more than the allowed amount or in a space not secured from access by minors.
Local Exceptions
None identified. State law applies uniformly across Colorado. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Psilocybin / Magic Mushrooms are illegal in Colorado. Possession or use can result in criminal charges. Do not assume enforcement is lax — penalties are real. Consult a licensed attorney if you have specific questions.
Colorado vs. the Rest of the US
Across the US, possessing psilocybin mushrooms is fully legal in 2 states, restricted in 2, and illegal in 36. Colorado falls in the ILLEGAL category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Psilocybin / Magic Mushrooms:
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Frequently Asked Questions
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Does the law on possessing psilocybin mushrooms change at the Colorado border?
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Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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