Colorado Legalizes Possession Of Psychedelic Drugs, Testing The Limits Of Progressive Drug Law Reform

The remarkable year of 2022 witnessed Colorado voters approving an all-encompassing drug reform measure, a sweeping initiative that not only legalized psilocybin therapy but also decriminalized five entheogenic substances for personal use—psilocybin, psilocin, dimethyltryptamine (DMT), ibogaine and mescaline.

Consequently, the possession, cultivation and gifting of these so-called natural medicines to individuals aged 21 and older no longer constitute criminal offenses.

However, the sale of these substances remains illegal, with an exception made for the acceptance of payment for “harm reduction services” associated with the use of psychedelics (such as education and guidance), as stipulated by the law.

The intricacies of decriminalization were meticulously outlined in a bill passed by the Colorado legislature last year, which served as the vehicle for the implementation of legalization and decriminalization. While the language of the bill explicitly delineates the parameters of now-legitimate activities, certain aspects intentionally remain ambiguous and result in a realm of interpretation for both the general public and law enforcement. The issue of when and how money may be involved in psychedelic exchanges lies at the heart of this interpretive conundrum.

Nonetheless, those who are caught consuming or displaying psychedelics in public are still subject to a $100 fine and up to 24 hours of community service. The definition of a “personal” quantity, however, is exclusively provided within the context of cultivation. Colorado residents are legally permitted to cultivate these substances in areas no larger than 12 feet by 12 feet on private property. Those who utilize larger spaces may incur petty drug charges and fines of up to $1,000.

As of now, there is no definitive limit on personal possession, a deliberate decision by advocates who argue that such determinations are subjective. Nevertheless, possession by individuals under the age of 21 is punishable by a petty drug charge, fines of up to $100 and up to four hours of substance use education or counseling. Deputy Chief Joe Montoya of the Denver Police Department has refrained from providing an official stance on what constitutes a personal stash.

Individuals may receive compensation for providing harm reduction and psychedelic support services, such as trip-sitting or offering guidance during psychedelic experiences, as long as they refrain from advertising their services. This provision seeks to protect those who have traditionally operated within underground spiritual, ceremonial, and therapeutic contexts involving psychedelics, as asserted by advocates.

The shifting landscape of psychedelic rights in Colorado reflects a progressive approach to drug reform, and the legalization and decriminalization of entheogenic substances for personal use has opened up a slew of possibilities for alternative treatments and spiritual experiences.

Last October, the legalization effort was dealt a PR blow when an Alaska Airlines pilot high on mushrooms tried to shut down the plane’s engines in midair.