In Colorado, legislation regarding the legalization and also decriminalization of part drugs is picking up momentum. These days, it’s not just marijuana that is obtaining attention, but also psilocybin. This is the problem in psychedelic mushroom that has a psychoactive impact on the user.

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In 2019, Denver voter made it clean they want to decriminalize psilocybin for adult over the period of 21 in the city.

The local government recognized this referendum vote no by making it legal to buy, sell, or possess, however by instructing police not to prioritize the arrests of those in basic possession that the substance.

Psilocybin: What Is It?

Psilocybin is a naturally emerging substance found in certain varieties of mushrooms. The problem is thought about psychoactive because the link in it are hallucinogenic.

These mushrooms are often called magic mushrooms and also some human being take them because that recreational objectives while others take them because that spiritual ones. When people eat these mushrooms castle report hallucinations, elation, and a modified sense of time.

Psilocybin Is a Schedule i Drug

In Colorado, psilocybin mushroom are considered a Schedule ns drug, which encompass drugs such as PCP, LSD, and also peyote. Schedule i drugs room those taken into consideration to have no embraced medical use and also have a high potential because that abuse. The is quiet illegal to possess, distribute, manufacture, or market psychedelic mushroom in Colorado, yet the penalty have changed in recent years.

Advocates Argue for Medicinal Uses

Advocates the decriminalizing mushrooms compete that they do have medical uses such as treatment for post-traumatic stress disorder and also depression. They likewise believe that people are serving jail sentences that space disproportionate for the use and possession of this drug.

Despite windy support, advocacy debates, and a look the other way, it’s vital to remember the in the end, psilocybin is still considered an illegal drug and also even possession is against Colorado law. Any time you rest the law, you space subject to penalties.

Penalties for Possession of Psilocybin Mushroom

In Denver, the police may look the other way if friend are found with a little quantity of mushrooms, up to 4 grams, yet it’s vital to note that utilizing this illegal problem is still thought about a level 1 medicine misdemeanor in Colorado.

A conviction can result in as many as 18 month in jail and fines that have the right to reach $5,000. The court can additionally ask friend to finish one year that probation if recorded with this mushrooms as well as much more time behind bars if you have actually previous offenses the the exact same nature on your record.

There are likewise felony penalties if friend are uncovered in possession of more than four grams the psilocybin mushrooms. The possession fee then i do not care a level 4 medicine felony. Conviction ~ above this charge can result in penalties of as much as one year in prison and fines that $100,000.

The sale of Psilocybin Mushrooms

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If you are discovered to it is in in possession the mushrooms with an intent to market them, climate that can open you up to felony charges. In Colorado, selling a Schedule i substance can an outcome in a range of penalty that depend on the amount you are discovered with:

14 grams come 225 grams – Level 2 drug felony, punishable by approximately eight year in prison and also fines of as much as $750,000.Over 225 grams – Level 1 drug felony punishable by approximately 32 years in prison and fines up to $1 million. It is additionally a Level 1 medicine felony to carry out any amount of mushroom to a human being under 18 who is at the very least two year younger.

Driving ~ above Mushrooms

Under Colorado law, control under the affect of any kind of drug is illegal, even prescription drugs. Basically, if you’re steering is impaired in any means by a substance, climate you have the right to be challenged with DUI penalties, so driving while on mushrooms may likewise lead to extr charges.

Previous Criminal History

With mushrooms, a first offense is most likely to be cure leniently while succeeding offenses will frequently lead to boosted penalties. This is true v both state and federal charges. Don’t forget, there are federal drug legislations you have the right to be charged v breaking if discovered in possession that a Schedule i drug.

For federal charges, first-time offenders may not check out the within of a jail cell, yet can still be responsible for fines up to $1,000. Any previous medicine crimes on your record can result in a prison sentence of up to 2 years and fines of $2,500 – and it just goes increase from there v each front conviction.

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Even despite you might not uncover yourself gift charged v a serious felony once in possession of mushrooms in Denver, it’s still important to secure an attorney. The factor for this is that any type of previous criminal background will affect the severity of the penalties you receive. This is specifically true when your criminal history involves drug-related crimes.

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About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the house he loves after graduating native the college of Kentucky college of Law. Now, he provides the knowledge he obtained as an El Paso County ar Attorney come fight tirelessly for his clients’ rights. That is AV-Preeminent rated, has been well-known for his job-related by The nationwide Trial Lawyers, and has been called to finest of the Springs list by The Gazette because that years.