Is psilocybin legal in Colorado?
Is psilocybin legal in Colorado?
Yes, with conditions. Colorado operates a legal, state-licensed program where adults 21 and over can take psilocybin under supervision. Outside that system it remains a crime.
As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA. A state program protects you under state law only.
- Status in Colorado
- Legal supervised access
- Federal status
- Schedule I
- Key law
- Proposition 122 / Natural Medicine Health Act (2022); SB 23-290; HB 26-1325 (2026)
- Nearest legal access
- None — see below
What the law says in Colorado
Adults 21+ may possess, grow and share psilocybin without payment, and may pay for supervised sessions at licensed healing centers. The first healing center license was issued in April 2025 and centers are now operating.
Key law: Proposition 122 / Natural Medicine Health Act (2022); SB 23-290; HB 26-1325 (2026).
Penalties for possession
Lawful for adults 21+ for personal use; sale outside the licensed system remains a crime.
Penalties turn on quantity, prior record and how the charge is written. Treat this as orientation, not advice — if you are facing a charge, speak to a lawyer licensed in Colorado.
Local measures, and what each one actually does
These get listed together as though they were the same thing. They are not. A ballot ordinance is binding city law; a council resolution is a statement of priorities; a motion can simply record support for a practice already in place.
- Denver (2019). The first US municipal psilocybin measure and the only one enacted by voters. Initiated Ordinance 301 was binding city law, barring every city agency including the City Attorney from spending on enforcement. No longer in force. Repealed unanimously on 3 March 2025 by Bill 25-0132 §3, which struck D.R.M.C. ch. 28 art. X when Denver adopted local licensing for healing centers under the state program. [source]
Sources for this entry
Common questions
Psilocybin in Colorado
- Is psilocybin legal in Colorado?
- Yes, with conditions. Colorado operates a legal, state-licensed program where adults 21 and over can take psilocybin under supervision. Outside that system it remains a crime. As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA.
- Which cities in Colorado have decriminalized psilocybin?
- Denver (2019). Important distinction: these are deprioritization measures, not decriminalization. State law is unchanged, possession remains a criminal offense, prosecutors keep their discretion, and federal jurisdiction is untouched.
- What is the penalty for psilocybin possession in Colorado?
- Lawful for adults 21+ for personal use; sale outside the licensed system remains a crime. Penalties vary with quantity, prior record and the specific charge, and this is general information rather than legal advice. If you are facing a charge, speak to a lawyer licensed in Colorado.
- Does Colorado law override federal law on psilocybin?
- No. Psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal law applies in every state regardless of state programs. A state license protects you under state law only.
Compare
Other states with legal supervised access
Same legal category, different detail. The differences matter.
What people ask next
- When will psilocybin be available on prescription? — the pipeline, by clinical phase.
- How does it compare with ketamine and MDMA? — one of those is already approved.
- What can I actually do in the meantime? — what the evidence supports today.
This is not legal advice. Drug law changes quickly, applies differently depending on quantity and circumstance, and federal law applies everywhere regardless of state status. Entry last reviewed August 30, 2026.
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Psilocybin Research. (2026). Is psilocybin legal in Colorado. Last reviewed August 30, 2026. https://psilocybinresearch.com/psilocybin-legal-in-colorado