Denver voters will decide a citizen initiative to decriminalize psilocybin mushrooms at the election on May 7, 2019. The initiative would make the enforcement of any criminal laws regarding the possession and use of psilocybin mushrooms by anyone 21 years old or older the lowest law enforcement priority of the city. It would also prohibit any city officers, agencies, or employees from using city funds or resources to enforce laws with criminal penalties for the possession and use of psilocybin mushrooms by adults.
According to the Drug Enforcement Administration (DEA), psilocybin is a “chemical obtained from certain types of fresh or dried mushrooms.” The mushrooms containing psilocybin are also known as magic mushrooms, hallucinogenic mushrooms, or shrooms. Psilocybin is considered a Schedule I drug under the federal Controlled Substances Act and the state Controlled Substances Act.
The group behind the initiative, Decriminalize Denver, submitted over 8,000 signatures to place the initiative on the ballot with the Denver Elections Division on January 7, 2019. A total of 4,726 valid signatures were required to qualify the initiative for the ballot. In Denver, signatures equal to 5 percent of the votes cast for mayoral candidates in the preceding mayoral election are required to put an initiative before voters. On February 1, 2019, the Denver elections office announced that enough signatures had been validated to qualify the initiative for the May 2019 ballot.
No state or city has legalized or decriminalized psilocybin mushrooms. An initiative effort is ongoing in Oregon targeting the 2020 ballot to reduce some criminal penalties for possession and use of psilocybin mushrooms and create a regulated program to provide psilocybin mushrooms to certain adults. An initiative effort to decriminalize psilocybin mushrooms last year in California reported making it a quarter of the way to the state’s signature requirement but ultimately did not qualify for the 2018 ballot.