In Colorado, adults 21 or older can possess and use up to two ounces of marijuana and up to six marijuana plants (though only three may be mature, flowering plants).
As of October of 2024, adults 21 or older can also possess, cultivate, and use magic mushrooms, which comprise the following psychedelics:
- psilocybin,
- psilocin,
- dimethyltryptamine (DMT),
- ibogaine, and
- mescaline.
In all other circumstances, it remains illegal in Colorado to possess, make, grow, or use controlled substances without a current and valid doctor’s prescription. Keep reading to learn the penalties for violating state marijuana and magic mushroom laws.
Possession
Possession of marijuana or magic mushrooms must be done in a private residence in Colorado. Public consumption or display is a non-criminal drug petty offense carrying up to $100 and 24 hours of community service.
Possession of more than two ounces of marijuana is a crime whether done in private or public. The following table spells out the penalties:
| Amount of Marijuana in Colorado | Possession Sentence |
| More than 2 oz. up to 6 oz. (or up to 3 ounces of marijuana concentrate or hash) | Level 2 drug misdemeanor: 3 to 12 months of jail time and/or $250 to $1,000 in fines |
| More than 6 oz. (or more than 3 ounces of marijuana concentrate or hash) | Level 1 drug misdemeanor: 6 to 18 months in county jail and/or $500 to $5,000 in fines |
Currently, Colorado law does not specify a legal limit for the amount of magic mushrooms you can have or grow at any one time.1
Driving Under the Influence
It is a Colorado crime to drive while impaired by marijuana or magic mushrooms even if you took them for medicinal purposes.
You can also be convicted of DUI of marijuana simply for driving with at least five nanograms of THC per milliliter in your blood even if you are not impaired. Currently, there is no statutorily prescribed legal limit for psilocybin in your bloodstream while driving.
Penalties for DUI of drugs increase with each successive conviction. A first-time conviction is a misdemeanor, carrying:
- 5 days to 1 year in jail;
- an alcohol/drug evaluation;
- up to 2 years of probation
- $600 to $1,000 in fines;
- 48 to 96 hours of community service; and
- a 9-month suspended driver’s license.2
Medical and Therapeutic Use
Colorado doctors may not prescribe you marijuana or magic mushrooms, though they can recommend them.
With regard to marijuana, you may be eligible for a medical marijuana card even if you are under 21 as long as you suffer from:
- cancer;
- glaucoma;
- HIV or AIDS;
- a chronic or debilitating disease or medical condition that causes severe pain, severe nausea, seizures, persistent muscle spasms, or cachexia; or
- any other medical condition approved by the state health agency.
Cardholders can possess no more marijuana than recreational users. The fraudulent use of a medical marijuana ID card is a class 2 misdemeanor in Colorado, carrying up to 120 days in jail and/or $250 to $1,000.
Unlike with marijuana, Colorado has no “medical magic mushroom” card program. Instead, starting sometime in 2025, magic mushrooms will be administered by licensed facilitators in state-regulated healing centers. The focus is on therapeutic use, rather than traditional medical prescriptions through pharmacies.3
Possession on Federal Lands
Marijuana and magic mushrooms remain illegal under federal law. A first-time conviction for possession on federal land carries:
- up to 1 year in jail; and
- a fine of up to $1,000
Subsequent offenses carry harsher penalties, including mandatory incarceration. Examples of federal land include:
- federal housing,
- courthouses
- post offices,
- national parks, forests or monuments,
- airports,
- Veterans Administration buildings, and
- private facilities on federal land.4
Additional Reading
For more in-depth information, refer to the following websites and articles:
- Laws about Marijuana Use – overview by cannabis.colorado.gov, and the state’s official government website.
- A Decade of Legal Cannabis Use – article by CPR News (January 1, 2024).
- Colorado House passes bill allowing supervised drug-use sites, but it still faces roadblocks – article by Denver Post (April 5, 2024).
- Colorado finalizes rules for magic mushrooms – article by KDVR-FOX 31 (April 20, 2024).
- Colorado decriminalized 5 psychedelics, but what exactly does that mean? – article by the Denver Post (February 5, 2024).
Also see our related articles on Cocaine, Ecstasy / MDMA / Molly, GHB, Heroin, Ketamine, LSD, Methamphetamine, and PCP (Angel Dust).
Legal References
- Article XVIII, Section 16 (Amendment 64). CRS 18-18-406. Proposition 122 (Natural Medicine Health Act of 2022).
- CRS 42-4-1301. CRS 42-4-1307. CRS 42-2-125.
- See note 1. CRS 25-1.5-106. CRS 18-18-406.3.
- 21 U.S. Code § 844. 36 C.F.R. § 2.35.
