Magic Mushrooms and Colorado Law: Rights, Rules, Risks

Nov 9

Following Oregon’s lead, Colorado is the second of only two states to decriminalize the personal cultivation, possession, and consumption of psilocybin mushrooms.

Colorado Senate Bill 23-290: Natural Medicine Regulation and Legalization was signed into law by Governor Polis in May of 2023. While this landmark measure changes the state’s approach to psilocybin, it is not a free pass. There are limits that, if violated, could result in petty drug offenses punishable by community service and up to $1,000 fines. Psilocybin is still federally illegal. Where, how much, and with who matter.

Below is an overview of frequently asked questions I receive from members of my home community in Mesa County. This blog article does not constitute legal advice. Included with resource links at the end of this article, is my recommendation for legal counsel on issues relating to psilocybin medicine.

Are Magic Mushrooms legal in Colorado? What are the risks?

Yes, for adults 21 and older, possessing and using psilocybin for personal purposes is now legal under state law. This is a big a step toward harm reduction and therapeutic exploration that I support along with 54% of Colorado voters who approved Proposition 122, the Natural Medicine Health Act of 2022. Governor Jared Polis signed Senate Bill 23-290 on May 23, 2023, effective July 1, 2023, decriminalizing personal possession, use, sharing without payment, home cultivation, and safety testing—excluding sales.

This framework supports responsible adults in examining psilocybin's effects. Under-21 possession is a petty offense, likely resulting in a fine and/or counseling. As the second state after Oregon to decriminalize, Colorado advances data-driven practices.

(Reference: SB23-290, Section 31, subsection (5)(a), page 60, which states that a person 21 or older may possess, consume, share without remuneration, cultivate, or manufacture natural medicine for personal use without violating state or local law.)

Where am I allowed to carry and consume psilocybin mushrooms in Colorado?

Coloradans and visitors who are 21 years or older, are permitted by state law to carry, cultivate, and consume psilocybin mushrooms on private property, and only with the explicit permission of the property owner.

In alignment with decriminalization, discreet carrying is allowed in state parks (like Island Acres, Connected Lakes, James M Robb State Parks, etc.) but open use is not.

Carry, consumption, and cultivation is strictly prohibited on school grounds, any place that children gather publicly, and on federal lands including national parks — like the Colorado National Monument.

Carrying and consuming inside of a vehicle that is parked, and not running, on private property with permission from the property owner is allowed, but driving a vehicle on private or public property under the influence is not.

(Reference: SB23-290, Section 31, subsection (2), page 58, prohibiting open and public consumption of natural medicine as a drug petty offense.)

How much can I legally carry or possess at a time?

Colorado law sets no specific possession limit for adults 21+, allowing amounts reasonable for personal consumption, like a few grams dried for occasional use, without criminal penalty. Excess suggesting intent to distribute could trigger scrutiny, so err toward moderation: perhaps 10-20 grams dried as a safe benchmark, akin to two months' microdoses.

You can have it on your person or in your car, stored discreetly in sealed, odor-proof containers to prevent spills or detection—ziplocks or jars in a backpack or glovebox. If minors are present, always keep them out of reach, in locked compartments, mirroring cultivation enclosures. Never access while driving; impairment voids protections.

(Reference: SB23-290, Section 31, subsection (5)(a), page 60, permitting possession for personal use without quantity limits, with storage implied through security requirements in subsection (3) for cultivation and transport.)

Is it Legal to Grow Magic Mushrooms in Colorado?

Yes, adults 21+ can cultivate mushrooms for personal use in Colorado, within defined limits for safety and discretion. Cultivation must occur on private property — home, yard (curtilage), or non-public structures — in an area no larger than 12’x12’. Surpassing this is a petty offense, up to $1,000 fine, encouraging compact setups that minimize visibility.

Secure enclosures apply: lock if minors reside, or use home exterior locks otherwise. No yield caps exist, just space, suiting methods like grain jars or monotubs—employ sterile protocols against molds. Landlords may restrict, so renters, review terms.

(Reference: SB23-290, Section 31, subsection (3)(a), page 58, requiring cultivation on private property not exceeding 12 feet by 12 feet cumulatively, subject to enclosure rules.)

Is it legal to buy and sell magic mushrooms in Colorado?

Coloradans are currently permitted to enjoy the "grow, gather, give" model — allowing possession, ingestion, cultivation, processing, transport, and storage for personal use and sharing with friends over the legal age limit (21+).

Retail sale and purchase is illegal under state law, save future licensed channels. This model enables non-commercial sharing. Adults 21+ may grow, wild-harvest (legally), or gift freely for personal use, but any exchange for value—cash, trade, favors—is prohibited, mirroring alcohol and cannabis rules to deter illicit trade.

This design fosters community without markets, but violations risk felonies, countering harm reduction. Like cannabis, only 21+ can possess or consume; under-21 sharing draws petty offenses. Public impairment by any substance stays unlawful, possibly leading to disorderly conduct. As healing centers emerge, supervised options will expand, but currently, personal networks rule.

Safety first: test for purity and strength with kits, and educate your circle. This law invites controlled discovery, not unchecked spread. Guide with care: inform, don't incentivize.

(Reference: SB23-290, Section 31, subsection (5)(c)(I), page 60, making it unlawful to dispense, sell, or distribute natural medicine for remuneration unless licensed under specified articles.)

This blog cannot constitute legal advice. For assured legal expertise, I recommend:

McCallister Law Office, P.C.

Sean T. McAllister, Pioneering Attorney in Psychedelic Law
Wise Counsel. Just Results.