Are Magic Mushrooms Legal in Colorado? Psilocybin Laws (2026)

Psilocybin and psilocyn are still Schedule I controlled substances in Colorado (C.R.S. 18-18-203), but the Natural Medicine Health Act changed what that means for many people. Under C.R.S. 18-18-434(5)(a), a person who possesses, consumes, shares, cultivates or manufactures natural medicine for personal use and without remuneration does not violate state law, while possession by anyone under 21 is a drug petty offense, unlicensed sale remains a drug felony, and state-licensed facilitators and healing centers serve participants 21 and older under Title 12, article 170 and Title 44, article 50. For other states, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado state law on psilocybin and psilocyn: the Schedule I listing (C.R.S. 18-18-203), the natural medicine offenses and personal-use provision (C.R.S. 18-18-434), the general possession, distribution, special-offender and sentencing statutes, the overdose immunity statute, the licensing framework for facilitators and healing centers (Title 12, article 170; Title 44, article 50), the 2025 and 2026 natural medicine acts, and one line of the impaired-driving statute, with one paragraph on federal law. It does not cover the text of agency rules, city or county ordinances, tribal law, federal property, employer or school policies or other states' laws.

Are magic mushrooms legal in Colorado?

Psilocybin and psilocyn remain on Colorado's Schedule I. C.R.S. 18-18-203(2)(c) lists "(XXI) Psilocybin" and "(XXII) Psilocyn" among the hallucinogenic substances in Schedule I. Colorado's schedules are set by statute: under C.R.S. 18-18-201, "the general assembly, by bill, may add substances to or delete or reschedule substances listed" in the schedules.

The Natural Medicine Health Act works by exempting conduct, not by rescheduling. Colorado voters adopted it as Proposition 122 in 2022, and its text took effect upon proclamation on December 27, 2022. The legislature then enacted SB 23-290, which added C.R.S. 18-18-434 effective July 1, 2023. The general possession and distribution offenses now begin "Except as authorized by" a list of provisions that includes section 18-18-434, article 170 of title 12 and article 50 of title 44 (C.R.S. 18-18-403.5(1)).

So the answer depends on the conduct. Personal-use possession without remuneration falls inside the exemption; possession by a person under 21, public display or consumption, and sales outside the licensed system do not.

What counts as natural medicine in Colorado

The exemption applies to a defined list. C.R.S. 18-18-434(12)(b)(I) provides that natural medicine means "(A) Dimethyltryptamine; (B) Mescaline; (C) Ibogaine; (D) Psilocybin; or (E) Psilocin." Under (12)(b)(II), natural medicine "does not mean a synthetic or synthetic analog" of the listed substances.

The personal-use provision and its limits

The core rule is in C.R.S. 18-18-434(5)(a):

"Unless expressly limited by this section, article 170 of title 12, or article 50 of title 44, a person who, for the purpose of personal use and without remuneration, possesses, consumes, shares, cultivates, or manufactures natural medicine or natural medicine product, does not violate state law, or county, municipality, or city and county ordinance, rule, or resolution."

Police and prosecutors are bound by it. Subsection (5)(d) provides that "A peace officer shall not arrest a person, and a district attorney shall not charge or prosecute a person, for a criminal offense involving natural medicine or natural medicine product pursuant to this part 4, except as expressly provided in this section."

The exemption does not reach sales or commercial activity. Subsection (5)(c) states that nothing in the section permits a person to:

"(I) Dispense, sell, distribute, or possess with intent to dispense, sell, or distribute natural medicine or natural medicine product to a person under twenty-one years of age; (II) Dispense, sell, distribute, or possess with intent to dispense, sell, or distribute, natural medicine or natural medicine product for remuneration, except as provided by article 170 of title 12 and article 50 of title 44"

The same subsection also excludes use "for a purpose other than personal use" and distribution "as a part of a business promotion or commercial activity," in each case except as provided by the two licensing articles.

Penalties written into the Natural Medicine Act

C.R.S. 18-18-434 sets its own penalties for conduct that falls outside the exemption:

Local governments cannot add to these penalties. C.R.S. 18-18-434(9) provides that a county, municipality, or city and county "shall not adopt, enact, or enforce any ordinance, rule, or resolution imposing any greater criminal or civil penalty than provided by this section or that is otherwise in conflict with this section."

Possession outside the personal-use provision

Conduct the exemption does not cover falls under Colorado's general possession statute. C.R.S. 18-18-403.5(2) grades possession of a Schedule I substance by weight:

The weight is the whole mixture. Both tiers count "Any material, compound, mixture, or preparation" that contains the substance, not only the psilocybin within it.

The misdemeanor sentence is set in C.R.S. 18-1.3-501. For a level 1 drug misdemeanor committed on or after March 1, 2020 in violation of section 18-18-403.5, subsection (1)(d.5)(II) applies "Notwithstanding the provisions of subsection (1)(d)," the general misdemeanor table. The court may sentence the offender to probation for up to two years, with the possibility of up to 180 days in county jail, or to up to 180 days in county jail; for a third or subsequent offense, the jail limit in either case is 364 days. The offender may also be fined not more than $1,000.

Sale, distribution and manufacturing penalties

Selling outside the licensed system is a drug felony. C.R.S. 18-18-405 covers manufacturing, dispensing, selling, distributing and possessing with intent to do any of those, and it grades the offense mainly by the weight of the material, compound, mixture or preparation:

Subsection (8) makes a distribution or transfer of not more than four grams under (2)(c)(I) or (2)(d) a level 1 drug misdemeanor, except in a prosecution for manufacturing, when the defendant reports an emergency drug overdose in good faith or aids or seeks aid, stays at the scene, cooperates, and the offense arises from the same events. The personal-use provision does not permit distributing natural medicine to a person under 21 (C.R.S. 18-18-434(5)(c)(I)).

Like the possession statute, section 18-18-405 carves out conduct authorized by section 18-18-434 and the two licensing articles.

Location raises the level. Under C.R.S. 18-18-407(1)(g)(I), a person convicted of selling, distributing, possessing with intent to distribute, manufacturing, or attempting to manufacture any controlled substance on the grounds of a public or private elementary, middle, junior high or high school, vocational school or public housing development, or within 1,000 feet of the perimeter of those grounds on any street, alley, parkway, sidewalk, public park, playground or other area accessible to the public, commits a level 1 drug felony and is a "special offender." The enhancement does not reach simple possession.

C.R.S. 18-1.3-401.5 sets the drug felony ranges:

For a level 1 drug felony, subsection (7) provides that "the court shall sentence the defendant to a term of incarceration in the department of corrections of at least eight years but not more than thirty-two years," rising to "at least twelve years but no more than thirty-two years" when an aggravating circumstance in subsection (10)(a) or section 18-18-407(1) is present.

Overdose reporting immunity

Colorado's Good Samaritan statute covers psilocybin possession. Under C.R.S. 18-1-711(1), a person who "reports in good faith an emergency drug or alcohol overdose event to a law enforcement officer, to the 911 system, or to a medical provider," or aids or seeks aid for the person who suffered it, and who remains at the scene and meets the statute's other conditions, is immune from arrest and prosecution for listed offenses, including unlawful possession under section 18-18-403.5(2) or (2.5) and unlawful use under section 18-18-404. Subsection (2) extends the immunity to the person who suffered the overdose event when the same conditions are met.

Licensed healing centers and facilitators

Colorado's regulated program is a licensing framework under two statutes. Facilitators are licensed under Title 12, article 170. C.R.S. 12-170-108(1) provides that "An individual shall not engage in facilitation, or represent to the public or identify the individual's self as a facilitator, in this state until the individual has received a license from the director." The Division of Professions and Occupations runs Colorado's natural medicine licensing page.

Healing centers and other natural medicine businesses are licensed under Title 44, article 50, where the Colorado Department of Revenue's Natural Medicine Division issues rules (1 CCR 213-1). Two age rules apply:

• C.R.S. 44-50-401(1) requires a healing center to "be owned by, employ, or contract with a facilitator," and subsection (3) provides that "Prior to initiating natural medicine services, the facilitator of the natural medicine healing center licensee shall verify that the participant is twenty-one years of age or older."
• C.R.S. 44-50-501(1)(a) makes it unlawful for a licensee to "Knowingly transfer natural medicine or a natural medicine product to a person under twenty-one years of age."

Rules continue to change. The Office of Natural Medicine Licensure held a permanent rulemaking hearing on October 8, 2026 on proposed revisions to Rule 5.4, the continuing education rule for facilitators, so that the Director could decide "whether to adopt proposed revisions." The Department of Revenue's Natural Medicine Division 2026 regulatory agenda lists planned revisions to 1 CCR 213-1 Rules 2000 and 2005 and Rules 3000, 8000 and 9040(G), without adoption dates.

The facilitator statute has a sunset. Article 170 of title 12 is repealed effective September 1, 2032, subject to sunset review (C.R.S. 12-170-117).

For a comparison of Colorado's healing-center program with the other regulated state programs, see ATMA CENA's Colorado psychedelic legality page.

2025 and 2026 natural medicine laws

Four recent acts touch psilocybin:

SB 25-297. The legislature's summary states that "The act permits the governor to grant pardons to a class of defendants who were convicted of the possession of natural medicine," and that "The act removes the fingerprinting requirement to obtain a license, but requires an applicant for a license to complete a name-based judicial record check." The act also creates a data-collection program at the Colorado Department of Public Health and Environment, whose statute repeals September 1, 2030.

SB 26-031. The act creates a general exemption from Schedule I for a prescription drug product approved by the FDA and rescheduled by the DEA. Its summary states that "its provisions do not apply to or affect the regulation of or lawful actions or conduct concerning natural medicine, natural medicine product, marijuana, or marijuana concentrate."

HB 26-1325. Section 8 of the act amends C.R.S. 18-18-434, and the 2026 Colorado Revised Statutes print the amended section. It adds to the list of things the section does not permit: advertising bona fide harm reduction or support services offered for remuneration, except as subsection (12)(d) provides, and, in the statute's words, to "(VII) Advertise natural medicine or natural medicine product; or (VIII) Use harm reduction services or support services to conduct sales of natural medicine." Subsection (5)(c)(VIII)(A) to (D) lists prohibited sales activities, including operating a retail store, vendor table, vendor booth or other commercial business that dispenses natural medicine for remuneration other than for consumption under the dispenser's supervision, sales of services or items that include the transfer of natural medicine, paying recurring fees to acquire natural medicine, and online sales that include natural medicine. New subsection (5.5) provides that bona fide harm reduction or support services "without the exchange or sharing of natural medicine or natural medicine products are not subject to this section."

Section 8 also amends the personal-use definition in subsection (12)(d). As printed in the 2026 edition, it provides that nothing in the section precludes remuneration for bona fide harm reduction or support services "used concurrently with the consumption of shared natural medicine or natural medicine product," if there is no advertisement of natural medicine, natural medicine product, or services offered, and if the person providing the services discloses that he or she is not a licensed facilitator.

Other sections of the act add a limited regulated natural medicine sales license co-located with a healing center, temporary-premises permits and cease-and-desist power against unlicensed operators. They also limit facilitator liability: under C.R.S. 12-170-113(3), a facilitator is not liable for money damages in a civil malpractice action for a participant's injury unless the injury was the direct result of intentional misconduct, gross negligence or a deviation from generally accepted standards of practice, and the limit does not apply to administrative proceedings. The act's ibogaine research pilot program (C.R.S. 27-60-207) takes effect only if the Behavioral Health Administration receives $150,000 in gifts, grants or donations, or in-kind donations of equal value, before January 1, 2028.

The act carries a referendum clause. Section 18 provides that the act takes effect August 12, 2026 if the General Assembly adjourned on May 13, 2026, "except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026." The General Assembly's bill page lists HB 26-1325 as law with an effective date of August 12, 2026. The 2026 Colorado Revised Statutes list the 18-18-434 amendments as effective August 12, "(see editor's note)," and the editor's note states: "As of publication date, a referendum petition has been filed against the portion of HB 26-1325 amending subsection (12)(d). Subsection (12)(d) will be updated accordingly in the 2027 Colorado Revised Statutes if the petition is submitted to a vote of the registered electors of the state of Colorado at the next biennial regular general election in 2026, for its approval or rejection." The Colorado Secretary of State certified the November 3, 2026 general election ballot on September 4, 2026, and its official list of state certified ballot measures contains no natural medicine measure. These records do not say whether the petition against the subsection (12)(d) amendment was submitted or found sufficient, so they do not settle which version of the personal-use definition governs.

If the FDA approves a psilocybin drug

Colorado has already written an FDA-approval rule into its Schedule I entry. As amended by HB 25-1063, C.R.S. 18-18-203(2)(c)(XXI) provides that psilocybin "does not include a prescription drug product containing crystalline polymorph psilocybin approved by the federal food and drug administration and placed on a schedule of the federal Controlled Substances Act ... other than schedule I, or exempt from one or more provisions of that act, and that is intended for prescribed use and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado and only possessed by a person authorized to possess a controlled substance pursuant to section 18-18-302." The entry adds: "Nothing in this subsection (2)(c)(XXI) exempts a person from any violation of part 4 of this article 18."

The rule has two conditions, FDA approval and a federal schedule other than Schedule I (or an exemption), and neither had occurred as of October 2026: no psilocybin drug product had FDA approval, and federal law still lists psilocybin in Schedule I. The same entry provides that any FDA-approved prescription drug product containing crystalline polymorph psilocybin "must be controlled in Colorado in the same manner as required by any federal control designation."

SB 26-031 (2026 ch. 59, effective August 12, 2026) added a broader rule in C.R.S. 18-18-203(3) that is not limited to the polymorph form. A Schedule I substance does not include an FDA-approved prescription drug product that the DEA designates or reschedules outside Schedule I (or exempts), when it is dispensed by a Colorado-registered pharmacy or prescription drug outlet or administered by a practitioner and possessed only by an authorized person (18-18-203(3)(a)). Under 18-18-203(3)(c), "the designation or rescheduling of a prescription drug product in Colorado is automatically and immediately effective upon the effective date of the federal drug enforcement administration's designation or rescheduling." Subsection (3) does not apply to natural medicine or natural medicine products (18-18-203(3)(d)).

Research with controlled substances

Colorado's research route runs through registration. Under C.R.S. 18-18-302(2), "A person registered by the board or the BHA under this part 3 to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by the registration and in conformity with this article 18 and with article 280 of title 12." The research pilot program in HB 26-1325 concerns ibogaine, not psilocybin.

Psilocybin spores in Colorado

Titles 6, 12, 18 and 44 of the Colorado Revised Statutes, which contain the drug code and the natural medicine laws, have no provision that mentions spores. Colorado's Schedule I entry names psilocybin and psilocyn as substances, and the natural medicine definitions in C.R.S. 18-18-434(12) name the same two compounds.

Local rules

The personal-use provision applies against local law too: conduct within C.R.S. 18-18-434(5)(a) "does not violate state law, or county, municipality, or city and county ordinance, rule, or resolution," and subsection (9) bars local penalties greater than the section's. Private property owners keep control: under subsection (10), "Nothing in this section prohibits a person or any entity who occupies, owns, or controls a property from prohibiting or otherwise regulating the cultivation or manufacture of natural medicine or natural medicine product on or in that property." This page does not describe individual city ordinances; state law and federal law still apply alongside any local measure.

Federal psilocybin law

Psilocybin and psilocyn are also federal Schedule I substances, and the federal listing reaches "any material, compound, mixture, or preparation, which contains any quantity" of them (21 CFR 1308.11(d)). Federal simple possession of a controlled substance is a misdemeanor under 21 U.S.C. 844(a), punishable by up to one year and a minimum $1,000 fine for a first offense. No DEA or HHS rescheduling notice or rule for psilocybin appears in the Federal Register through October 11, 2026, and no psilocybin drug product had FDA approval as of October 2026. Executive Order 14401 (April 18, 2026) directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin. Colorado's natural medicine program does not change federal law, which still lists psilocybin in Schedule I.

Driving after using psilocybin

Colorado's DUI and DWAI offenses cover drugs, and the Natural Medicine Act is no defense. C.R.S. 42-4-1301(1)(d) defines "one or more drugs" to include any controlled substance, and (1)(g) defines driving while ability impaired as impairment "to the slightest degree"; subsection (1) contains no any-amount per se rule for drugs. C.R.S. 18-18-434(8) provides that "The fact that a person is entitled to consume natural medicine or natural medicine product under the laws of this state does not constitute a defense against any charge for violation of an offense related to the operation of a vehicle, aircraft, boat, machinery, or other device." Our guide to Colorado DUI laws covers the penalties.

Past convictions

SB 25-297 lets the governor grant pardons to a class of people convicted of possession of natural medicine. For sealing and other record relief, see our guide to Colorado expungement laws.

Related

• Psilocybin mushroom laws by state
• Colorado DUI laws
• Colorado expungement laws
• Colorado kratom laws

This article provides general legal information about Colorado state law as of October 11, 2026. It is not legal advice. Section 18-18-434 is quoted from the 2026 Colorado Revised Statutes, which print HB 26-1325's amendments; the status of the amended personal-use definition in subsection (12)(d) is described above. Legislative sessions, agency rules, referendum results and federal actions can change the rules. For advice about a specific situation, contact a lawyer licensed in Colorado or the Colorado Division of Professions and Occupations.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Colorado?

Psilocybin and psilocyn are still Schedule I substances in Colorado (C.R.S. 18-18-203), but C.R.S. 18-18-434(5)(a) provides that a person who possesses, consumes, shares, cultivates or manufactures natural medicine for personal use and without remuneration does not violate state law. Sale outside the licensed system remains prohibited, and possession by a person under 21 is a drug petty offense.

Is psilocybin decriminalized in Colorado?

Colorado did not remove psilocybin from its schedules. Instead, C.R.S. 18-18-434 exempts personal-use conduct without remuneration and bars arrest or prosecution for conduct the section allows, while possession outside those conditions, and any sale outside the licensed system, remains a drug offense.

What is the age limit for natural medicine in Colorado?

The age is 21. A person under 21 who knowingly possesses or consumes natural medicine commits a drug petty offense (C.R.S. 18-18-434(1)), a healing center facilitator must verify a participant is 21 or older (C.R.S. 44-50-401(3)), and a licensee may not knowingly transfer natural medicine to a person under 21 (C.R.S. 44-50-501(1)(a)).

Can you sell magic mushrooms in Colorado?

Only inside the licensed system. C.R.S. 18-18-434(5)(c)(II) states that nothing in the section permits a person to sell natural medicine for remuneration except as provided by Title 12, article 170 and Title 44, article 50. Unlicensed sale is a drug felony under C.R.S. 18-18-405, graded mainly by the weight of the mixture; an adult who sells or transfers any amount to a minor at least two years younger commits a level 1 drug felony.

What is the penalty for psilocybin possession in Colorado outside the personal-use rules?

Under C.R.S. 18-18-403.5, possessing not more than four grams of a Schedule I substance is a level 1 drug misdemeanor (a fourth or subsequent offense is a level 4 drug felony), and possessing more than four grams is a level 4 drug felony. The weight counts the whole material, compound, mixture or preparation.

Who licenses psilocybin healing centers in Colorado?

Facilitators must hold a license from the director under C.R.S. 12-170-108, administered by the Division of Professions and Occupations, and healing centers are licensed under Title 44, article 50, where the Department of Revenue's Natural Medicine Division sets rules. A healing center must be owned by, employ or contract with a licensed facilitator.

Are psilocybin mushroom spores legal in Colorado?

Titles 6, 12, 18 and 44 of the Colorado Revised Statutes, which hold the drug code and the natural medicine laws, contain no provision that mentions spores. The Schedule I listing names psilocybin and psilocyn as substances.

Can you get a DUI on psilocybin in Colorado?

Yes. Colorado's DUI and DWAI offenses in C.R.S. 42-4-1301 cover driving after consuming one or more drugs, including any controlled substance, and C.R.S. 18-18-434(8) states that being entitled to consume natural medicine is not a defense to a charge related to operating a vehicle.