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Hallucinogenic Mushrooms are Still Illegal in Colorado

On Behalf of The Foley Law Firm | December 11, 2021

Colorado was the first state in the country to legalize marijuana for recreational purposes. Between that and Denver's recent move to become the first city in the United States to decriminalize hallucinogenic mushrooms, many people may have an inaccurate perception of the current drug laws in Colorado.

Although the city of Denver took steps to change its legal approach to hallucinogenic mushrooms, they are still a prohibited substance at the state level. Anyone in Colorado Springs caught in possession of hallucinogenic mushrooms that contain psilocybin will likely face criminal charges.

The state likely won't recognize medical or religious views claims

Despite the prohibited status of hallucinogenic mushrooms at the federal and state levels, there is a growing body of evidence that these mushrooms could serve a purpose, particularly for those facing death due to a terminal disease.

Some of this research and experimental therapy has taken place right here in Colorado, but the law hasn't caught up with these changes yet. Unless someone is part of a medical study, the police are unlikely to believe their claims that the psilocybin-containing mushrooms are medicinal.

While some people see these mushrooms as possible medicine, others view them as a useful tool for religious ceremonies or spiritual awakenings. Whatever your intent in consuming them, the law remains the same.

You can face charges for possessing the mushrooms, intentionally harvesting them on public land, cultivating them or selling them to others. Realizing that that hallucinogenic mushrooms can lead to criminal consequences occurs too late for some people to avoid charges, but they will still have the opportunity to defend themselves against those drug charges in court.

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