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Taking Mushrooms from Denver to Grand Junction

By Peters & Nolan, LLC on September 25, 2019

In May 2019, voters in Denver chose to decriminalize psychedelic psilocybin mushrooms. Initiative 301, which made arrests for possession of “magic mushrooms” the lowest law enforcement priority in the city and county, passed with a narrow 50.5% of the vote. For nearly 50 years, psilocybin has been classified as a Schedule I drug. This legislation mimics Denver’s vote to decriminalize cannabis in 2005.

Initiative 301 does not legalize psilocybin mushrooms – possession is still illegal. It only places having mushrooms for personal use among the lowest law enforcement priorities. Also, the law regarding possession of “shrooms” remains the same in the rest of Colorado. If you are arrested with mushrooms in Grand Junction, you still face the same severe criminal penalties upon conviction as before Initiative 301. Our Grand Junction criminal defense attorneys at Peters & Nolan, LLC, can help in such a situation. Call us at (970) 243-4357 for experienced, effective representation.

What Are the Arguments for Decriminalizing Mushrooms?

Proponents of Initiative 301 believe that psilocybin mushrooms have medical uses for depression and post-traumatic stress disorder (PTSD), among other conditions. They feel that people are serving disproportionate jail sentences for possession and use of this psychedelic drug. Advocates argue that, with micro-dosing, users need not even get high from the drug to benefit from its therapeutic effects.

Research on Medical Uses of Psilocybin

Johns Hopkins established its Center for Psychedelic and Consciousness Research after obtaining regulatory approval in 2000 to re-initiate research with psychedelics in healthy volunteers. Researchers at the center are exploring the potential of psychedelics, including psilocybin mushrooms, as medicine. According to Johns Hopkins, their research has demonstrated “enduring positive effects” of psilocybin, “with implications for understanding consciousness and optimizing therapeutic and non-therapeutic enduring positive effects.”

A Johns Hopkins Medicine news release states that magic mushrooms can help smokers break the habit. Researchers report that, in a study involving 15 people, participants achieved an 80% abstinence rate over six months. Although they are still in the research phase, scientists at the Johns Hopkins center are currently studying the effectiveness of psilocybin as a therapy for a range of conditions, including:

  • Opioid addiction
  • Alzheimer’s
  • PTSD
  • Post-treatment Lyme disease syndrome
  • Anorexia nervosa
  • Alcohol use in people with depression

Arguments Against Decriminalizing Psychedelic Mushrooms

Mushrooms are not at the level of marijuana, in terms of medical applications or people who have been prosecuted. According to an article in The Atlantic, only eleven people had been prosecuted in Denver for possession of psilocybin during the previous three years before Initiative 301 passed. Among the opposition, Jeff Hunt, director of Colorado Christian University’s Centennial Institute, stated that Denver is becoming the illicit drug capital of the world and that we have no idea what long-term effects these drugs will have on the people of Colorado.

Magic Mushrooms and DUI

Under CRS 42-4-1301 of the Colorado Code, it is illegal to drive while impaired by alcohol or any type of drug, whether illegal, prescription, or over-the-counter. Stated plainly, if you are too drunk or stoned on any substance to drive properly, you can be arrested and faced with DUI penalties.

At Peters & Nolan, LLC, we have resolved thousands of DUI cases. Contact us as soon as possible if you need an experienced Grand Junction DUI lawyer.

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