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Criminal Defense / Jan 23,2024

Are Psychedelics Decriminalized in Colorado?

What to Know About Proposition 122 and the Decriminalization of Some Psychedelics

In November of 2022, the people of Colorado voted to decriminalize the personal possession and use of psilocybin mushrooms and other psychedelic drugs for people 21 years and older. Proposition 122, or the Natural Medicine Health Act of 2022, continues to change the landscape of how psychedelics are viewed and prosecuted in the state.

At Flesch & Beck Law, we are dedicated criminal defense lawyers who are here to help you understand your rights and how new laws, such as the Natural Medicine Health Act of 2022, affect you and your family. If you are arrested for a drug crime, you need to consult with an attorney as soon as possible. Contact our office today to schedule a free, confidential consultation. 

What Is the Current Legal Status of Psychedelics in Colorado?

Under the Natural Medicine Health Act of 2022, the people of Colorado voted to decriminalize the possession and use of certain psychedelics. Pursuant to this law, criminal penalties were removed related to the personal possession, consumption, and cultivation of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline (excluding peyote).

The law also establishes a regulated natural medicine access program. The program focuses on “healing centers'' where individuals can purchase and consume psychedelics under supervision. According to the law, natural medicine is limited to psilocybin and psilocyn until June 1, 2026. Psilocybin is the active ingredient in psychedelic mushrooms. 

It also allows for the Department of Regulatory Agencies to add dimethyltryptamine (DMT), ibogaine, and mescaline (excluding Lophophora Williams II (“peyote”) after June 1, 2026, if recommended by the Natural Medicine Advisory Board.

Is It Legal to Sell Psychedelics in Colorado?

It is currently unlawful to sell psychedelics in Colorado. The new law allows for removing the criminal penalties for possessing or using certain psychedelics. However, it remains against the law for an individual to sell these substances. The psychedelics decriminalized under the law may be sold at healing centers regulated by the state. 

Are Other Psychedelics Decriminalized?

Lysergic acid diethylamide, or LSD, was not decriminalized under the Natural Medicine Health Act of 2022. Additionally, the possession and use of other psychedelics, such as MDMA (3,4-methylenedioxy-methamphetamine), remain illegal. 

If you are arrested for a drug crime, you need to speak with an attorney. Depending on the circumstances of the case, you may be eligible for a reduction of the charges. The new law has changed how certain drugs are penalized in the state.

Contact Our Office to Schedule a Consultation

Were you arrested for a drug crime in Denver or the surrounding areas? Contact our office to schedule a free consultation. A conviction for a drug offense can result in harsh penalties, including jail or state prison time. It is imperative to consult with an attorney as soon as possible to determine your legal options. 

Our drug offense lawyers are trial-tested and will not give up until you receive the best possible outcome in your case. When you are facing serious legal consequences, you need representation you can trust. Contact our office today to get started.

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