What Drugs Are Legal in Colorado? Cannabis, Psilocybin and What Is Still a Crime

Last reviewed: October 5, 2026. This article is general information, not legal advice, and it doesn't encourage drug use. Colorado and federal drug laws differ, cities can add their own rules, and the law in this area is changing, so check the official sources below before you rely on it.

If you're moving to Colorado, visiting, or just curious, it's easy to come away with the idea that "everything is legal there". It isn't. Colorado has two specific legal frameworks, one for cannabis and one for certain plant- and fungus-based psychedelics it calls "natural medicine". Each has firm limits, and federal law hasn't caught up with either.

Short answer: What drugs are legal in Colorado? Under state law, adults 21 and older may possess and use cannabis (up to 2 ounces) and may personally use, grow and share, without payment, certain natural medicines: psilocybin, psilocyn, DMT, ibogaine and mescaline (not from peyote). Selling natural medicine is prohibited, public use of either is illegal, and impaired driving is a crime. Other drugs such as cocaine, heroin, methamphetamine, LSD and MDMA remain illegal, and prescription drugs are legal only with a valid prescription.

Cannabis: what adults can and can't do

Colorado voters legalized retail (recreational) cannabis for adults over 21 in November 2012 by passing Amendment 64, which added Article XVIII, Section 16 to the Colorado Constitution. Here's what the state's official cannabis site says today:

• Age: You must be 21 to buy, have or use retail cannabis. It's a felony to give or sell cannabis to, or share it with, anyone under 21.
• Possession: Adults 21+ can have up to 2 ounces.
• Buying: Only from licensed retail stores, up to 1 ounce at a time, with valid ID.
• Gifting, not selling: You can give up to 2 ounces to another adult 21+, but you can't sell cannabis, including homegrown cannabis.
• Home grow: The state allows up to six plants per resident over 21, with no more than three flowering at once, in an enclosed, locked area that can't be openly viewed (so not outdoors). Cities can be stricter; Denver, for example, limits a home grow to 12 plants per residence.
• No public use: Smoking, eating or vaping cannabis isn't allowed in public places, including sidewalks, parks, ski resorts, concert venues, businesses, restaurants and bars, and the common areas of apartment buildings.
• Private property: This is your best option, but landlords and hotels can ban use and possession.
• Keep it in Colorado: Leaving the state with cannabis is against the law, and you can't bring it to Denver International Airport or any other airport.

Medical cannabis has its own, different rules. If you're interested in how other states treat cannabis edibles, see our guide are edibles legal?

Natural medicine: psilocybin and the Natural Medicine Health Act

In 2022, voters approved Proposition 122, the Natural Medicine Health Act of 2022. Its text defines "natural medicine" as dimethyltryptamine (DMT), ibogaine, mescaline (excluding peyote), psilocybin and psilocyn. In May 2023 the legislature passed SB23-290, which set out the detailed rules.

Personal use (adults 21+)

According to the state's Natural Medicine Division:

• An adult over 21 may grow psilocybin mushrooms at home in a space of up to 12 by 12 feet that is locked to anyone under 21.
• There's no personal possession limit.
• You may share with another adult 21+ in the context of counseling, spiritual guidance, community-based use, supported use or related services.
• No payment for the natural medicine itself. The law allows payment only for bona fide harm reduction or support services used alongside sharing.
• No open and public display or consumption.

What's still illegal under state law:

• Selling any natural medicine, in the personal-use space or otherwise. Distributing it as part of a business promotion or commercial activity remains a criminal offense, and the Division has sent cease-and-desist letters to businesses selling psilocybin mushrooms.
• Under-21 possession or use. SB23-290 makes this a drug petty offense.
• Public consumption, a drug petty offense with a fine of up to $100 and up to 24 hours of public service under SB23-290.

Regulated healing centers

Separately from personal use, Colorado runs a licensed program. The Department of Revenue licenses healing centers, cultivations, manufacturers and testing facilities, and began accepting applications on December 31, 2024. The Department of Regulatory Agencies (DORA) licenses the facilitators who supervise sessions. If you're considering this route, use the state's healing center directory and DORA's licence look-up tool to check that the provider is licensed.

Federal law still applies

Colorado's choices don't change federal law. Under the federal Controlled Substances Act, marijuana, psilocybin, psilocyn, DMT, ibogaine, mescaline and peyote are all listed in Schedule I (21 U.S.C. § 812).

There has been one important federal change. A Justice Department final rule effective April 28, 2026 moved FDA-approved drug products containing marijuana, and marijuana covered by a state medical marijuana licence, to Schedule III. Retail adult-use cannabis isn't covered by that rule, and it doesn't legalize recreational use. Broader rescheduling has been under review, so check for updates.

Colorado's own cannabis site lists practical federal consequences:

• Federal land: cannabis remains illegal in national parks, national forests (including ski slopes on them) and military bases.
• Federal jobs: federal employees aren't allowed to use cannabis.
• Firearms: the federal purchase form (ATF Form 4473) asks about unlawful drug use, and lying on it is a federal felony.
• Housing: cannabis use or possession can affect federally subsidized housing.
• Immigration: working in the cannabis industry has affected some green card holders' status.

Driving: never legal while impaired

Colorado's cannabis site and the Colorado Department of Transportation are clear:

• If your ability to drive is affected "to the slightest degree" by alcohol or drugs, you can be arrested for DUI or DWAI (driving while ability impaired).
• If a blood test shows 5 nanograms or more of active THC per milliliter, a court can infer you were under the influence. You can still be arrested below that level if your driving shows impairment.
• No open packages: drivers and passengers can't open cannabis packaging or use it in a vehicle, even when parked.
• For natural medicine, SB23-290 says being entitled to use it is not a defense to any charge related to operating a vehicle, boat, aircraft or machinery.

If you've been charged, our article on whether to get a lawyer for a first DUI explains what a lawyer can do.

What's not legal

Outside the cannabis and natural-medicine frameworks, Colorado's ordinary drug laws apply. Cocaine, heroin, methamphetamine, fentanyl not prescribed to you, LSD and MDMA are not legal, and neither is selling any controlled substance without a licence. Prescription medicines are legal only when prescribed to you and used as directed; sharing them is not covered by the cannabis or natural medicine rules.

Sources

• Colorado Department of Public Health and Environment, "Laws about cannabis use": cannabis.colorado.gov
• Colorado cannabis site, "Home grow laws": cannabis.colorado.gov
• Colorado cannabis site, "Driving and traveling": cannabis.colorado.gov
• Colorado cannabis site, "Federal implications": cannabis.colorado.gov
• Colorado Department of Transportation, "Drugged Driving FAQs": codot.gov
• Colorado Department of Revenue, Natural Medicine Division, FAQ: nmd.colorado.gov
• Natural Medicine Division, "Unlicensed and Unlawful Activities": nmd.colorado.gov
• Natural Medicine Division home page: nmd.colorado.gov
• SB23-290, Natural Medicine Regulation and Legalization: leg.colorado.gov
• Natural Medicine Health Act of 2022, initiative text (Proposition 122): Colorado Secretary of State
• 21 U.S.C. § 812, Schedules of controlled substances: Cornell LII
• Federal Register, final rule rescheduling FDA-approved and state-licensed medical marijuana (April 28, 2026): federalregister.gov