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Denver Colorado Drug Laws – Understanding Why “Magic Mushrooms” – Psilocybin and Psilocin Are Controlled Substances

By H. Michael Steinberg – Colorado Drug Crimes Criminal Defense Lawyer – Email the Author at hmsteinberg@hotmail.com

Denver Colorado Drug Laws - Understanding Why "Magic Mushrooms" - Psilocybin and Psilocin Are Controlled SubstancesDenver Colorado Drug Laws – Understanding Why “Magic Mushrooms” – Psilocybin and Psilocin Are Controlled Substances – There is great danger in things that grow naturally in our forests and fields. Psilocybin mushrooms contain an ingredient that is a Schedule I Controlled Substance – the same as many other more recognizable drugs such as heroin, ecstasy (MDMA), and LSD.

Psilocybin Mushrooms – Schedule I Controlled Substance

Psilocybin mushrooms are also known as psychedelic mushrooms. These kinds of mushrooms contain the chemical psilocybin and psilocin which are  hallucinogenic compounds and are naturally-occurring psychedelic drugs. While the mushrooms grow organically – they are as dangerous as the chemicals made in clandestine labs.

All Schedule I drugs are deemed to have a high potential for abuse and are not recognized for any form of medical use. Psilocybe allenii – Psilocybin and psilocin are listed as Schedule I Controlled Substances.

Here is a rundown of the Controlled Substance Schedules in the United States:

Schedule I Controlled Substances:

    • The drug or other substance has a high potential for abuse.
    • The drug or other substance has no currently accepted medical use in treatment in the United States.
    • There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Example Drugs:

  •  BZP (benzylpiperazine),
  • Cathinone,
  • DMT (dimethyltryptamine),
  • Etorphine,.
  • GHB,
  • Heroin (diacetylmorphine),
  • LSD (lysergic acid diethylamide),
  • MDMA (“ecstasy”),
  • Methaqualone (Quaalude, Sopor, Mandrax),
  • Peyote (Lophophora williamsii),
  • Psilocybin and psilocin,

Schedule II Controlled Substances:

    • The drug or other substances have a high potential for abuse
    • The drug or other substances have currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions
    • Abuse of the drug or other substances may lead to severe psychological or physical dependence.

Example Drugs:

  • Cocaine
  • Methylphenidate (Ritalin),Methylphenidate HCL (Concerta), and Dexmethylphenidate (Focalin)
  • Amphetamine -Amphetamine mixed salts (Adderall),
  • Dextroamphetamine (Dexedrine) and Lisdexamfetamine (Vyvanse)
  • Methamphetamine and Dextromethamphetamine (Desoxyn)
  • Fentanyl
  • Methadone
  • Oxycodone (Percocet, OxyContin, and Percodan)
  • Oxymorphone
  • Morphine
  • Hydromorphone (Dilaudid, Palladone)

Schedule III Controlled Substances:

    • The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II.
    • The drug or other substance has a currently accepted medical use in treatment in the United States.
    • Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence

Example Drugs:

  • Anabolic steroids
  • Intermediate-acting barbiturates
  • Buprenorphine (Suboxone, Subutex)
  • Ketamine

Schedule IV Controlled Substances:

    • The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule III
    • The drug or other substance has a currently accepted medical use in treatment in the United State

Example Drugs:

  • Benzodiazepines
  • chlordiazepoxide (Librium),
  • clonazepam (Klonopin),
  • diazepam (Valium); temazepam (Restoril)
  • flunitrazepam (Rohypnol)
  • The benzodiazepine-like Z-drugs
  • Chloral hydrate, a sedative-hypnotic;

Schedule V Controlled Substances:

    • The drug or other substance has a low potential for abuse relative to the drugs or other substances in schedule IV
    • The drug or other substance has a currently accepted medical use in treatment in the United States
    • Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule IV.

Example Drugs:

  • Cough suppressants containing small amounts of codeine (e.g., promethazine+codeine);
  • Preparations containing small amounts of opium or diphenoxylate (used to treat diarrhea);
  • Some anticonvulsants, such as pregabalin (Lyrica), lacosamide (Vimpat) and retigabine (ezogabine) (Potiga/Trobalt);
  • Pyrovalerone (used to treat chronic fatigue and as an appetite suppressant for weight loss);

Summary – The Federal Controlled Substances Act creates FIVE drug Schedules. Magic mushrooms fall into Schedule I – the most restrictive category. These are drugs having no medical use and as being unsafe to use, even under medical supervision, with a high potential for abuse.

Denver Colorado Drug Laws – Understanding Why “Magic Mushrooms” – Psilocybin and Psilocin Are Controlled Substances

The Impact Of Magic Mushrooms On Your Body

Psilocybin mushrooms are very toxic and may pose a serious threat to the lives of the mostly young people who use them. When psilocybin is ingested, it is chemically broken down to produce psilocin, which is responsible for the psychedelic effects. It is a natural poison and like many mushrooms – the poisonous quality of the mushrooms is nature’s way to dissuade wild animals from eating them.

The compounds of psilocybin mushrooms have hallucinogenic effects similar to mescaline and LSD. These compounds cause perception disorder, panic attacks, depression, and paranoid delusions. New users of these naturally growing mushrooms will often feel sick to the stomach and need to vomit (the poison in the mushrooms).

Unfortunately, psilocybin and psilocin – over a very short time – become well tolerated by the body leading to less and less of the effect sought by the users of the drug. In a very short period of time the effects of the drug are weaker and weaker requiring more and more of the substance to sustain the same physical and mental impacts. On the other hand research has shown that psilocybin mushrooms do not cause physical or psychological dependence (addiction) as many other Schedule I drugs. 

The mind-altering effects of psilocybin-containing mushrooms typically last from three to eight hours depending on dosage, preparation method, and personal metabolism but can seem to last much longer because of psilocybin’s ability to alter “time perception.”

Possessing And – Or Using Controlled Substances Can Be A Very Serious Felony

What Can I “Get” For Using And – Or Selling Magic Mushrooms

These compounds are not only unsafe – they can have an impact on your future employment and freedom. As noted – – they are Schedule I drugs, meaning that their possession and use are illegal. Simple possession or possession with intent to distribute these drugs is a felony offense under Colorado law and can result not only in the lifelong impact of a drug based felony conviction -but also a lengthy probationary or prison sentence depending on the quantity and weight of the mushrooms.

The penalties for this felony are very different than penalties for possession and or distribution of marijuana in Colorado. The personal belief that the penalties are not serious as they truly are under Colorado law is NOT a defense to the felony penalties for using and or “dealing” these drugs in the schools, colleges and streets of Colorado. Ignorance of the law is no defense.

Drug “Weight” Sentencing Issues In Drug Crimes Makes Mushroom Cases VERY Dangerous To Defend

Most controlled substances come on some kind of powder or pill form such as cocaine or “meth” “methamphetamine.” The “weight” of the drugs you illegally possess determines the seriousness – the level of misdemeanor or felony with which you are charged. Mushrooms – because they are naturally occurring – have not been reduced to their most potent form in the lab. Thus the psychoactive compounds in magic mushrooms are disbursed throughout the fungi. The psychoactive compound when compared to the weight of the product – is much lower than with the other more familiar controlled substance compounds.

Here’s the rub – felony charges are based NOT on the actual psychoactive compound – but on the overall net weight of the total package of drugs.  What does that mean to the person charged? It means that you need much more weight in mushrooms for the equivalent dose of other hallucinogenics – such as LSD – but the penalty for the mushrooms is then much higher because – again – prosecutions for these crimes are often based on weight. Simply put – more weight – more serious.

As The District Attorney For The 18th Judicial District – (Arapahoe – Douglas Counties) Has Written – Don’t Be Fooled By “Legal” Mushroom Growing Kits

If you grow these mushrooms – “manufacture” psilocybin mushrooms – your actions are – under the laws of Colorado – no different than cooking meth in a meth lab. Even though there has been a decrease in the penalties for Colorado Drug Offenses (LINK), the manufacture and or distribution of Schedule I Controlled Substances is STILL a very serious felony in the Colorado criminal justice system. Please follow this link to my drug crimes website.

The Arapahoe County Writes:

Even though kits purporting to allow you to grow these mushrooms may be available for purchase on the internet, you should not be fooled into thinking that growing magic mushrooms is legal. It is not. It is highly illegal. The reason that the kits can be sold is that the spores from the mushrooms do not contain the hallucinogenic substances, but once you start growing the mushrooms they start creating the substances, meaning you are manufacturing a controlled substance.”

The government bodies that control aspects of drug scheduling and research are the DEA (Drug Enforcement Agency) and the FDA. The DEA controls which drugs are scheduled, and who has the right to possess and manufacture such drugs, and gives licenses to researchers.

Magic mushrooms contain psilocin and psilocybin psilocybin. These compounds are psychedelics. They will cause an effect similar to a “trip” on LSD. Loss of reality may be experienced and severe anxiety and paranoia can occur. You may experience a bad trip.. consider your decisions carefully – stay away from this drug.

Denver Colorado Drug Laws – Understanding Why “Magic Mushrooms” – Psilocybin and Psilocin Are Controlled Substances

ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado Drug Crimes Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article – Denver Colorado Drug Laws – Understanding Why “Magic Mushrooms” – Psilocybin and Psilocin Are Controlled Substances, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg Colorado Criminal Defense AttorneyH. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the topic of this article – Denver Colorado Drug Laws – Understanding Why “Magic Mushrooms” – Psilocybin and Psilocin Are Controlled Substances.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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