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Denver made national news by de-emphasizing possession of psilocybin mushrooms. The city announced in April they would no longer target mushroom users for prosecution.
But what does this mean, really?
The legal status
The city has instructed law enforcement not to single out those exhibiting signs of mushroom use. Despite this, it remains technically illegal to own or sell them. This means while you may not land in jail for having mushrooms on your person, it doesn’t guarantee you won’t see drug charges added after an arrest.
Furthermore, the possession and sale of psilocybin mushrooms remain federal crimes. Someone may face felony charges for something that is not enforced in the Mile-High City. This creates a legal grey area.
What happens now?
As it stands, Denver law enforcement will not arrest those who possess recreational mushrooms. However, these mushrooms aren’t legalized in the same way Colorado legalized marijuana. Don’t expect to see vendors pop up around town selling psilocybin mushrooms. They aren’t about to become suddenly widely available, either. It’s still illegal to sell them.
By de-emphasizing psychotic mushrooms, medicinal exploration for these drugs could be possible. If de-emphasis doesn’t lead to drastic spikes in mushroom use, it could also ease the transition to making mushrooms a legal substance in the future.
Denver has a new relaxed stance on mushrooms, but criminal charges are still a possibility. Those possessing mushrooms or other Schedule 1 drugs may face felony penalties if arrested. Any potential drug crimes can carry hefty consequences.
Those who face criminal drug charges need to understand their options. If you are facing accusations of drug charges, a skilled criminal defense attorney can help you explore your options.