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What is Denver Initiative 301: Psilocybin mushroom decriminalization

The initiative would decriminalize the personal use of “magic mushrooms”

Magic mushrooms are being weighed and packaged at the Procare farm in Hazerswoude, central Netherlands on this Aug. 3, 2007 file photo.
Peter Dejong, The Associated Press
Magic mushrooms are being weighed and packaged at the Procare farm in Hazerswoude, central Netherlands on this Aug. 3, 2007 file photo. The Dutch government will ban the sale of hallucinogenic mushrooms, a spokesman for the Justice Ministry said on Friday, Oct. 12, 2007, rolling back one element of the country’s permissive drug policy after a series of well-publicized negative incidents. The decision will go into effect within several months and does not need parliamentary approval. “We intend to forbid the sale of magic mushrooms,” he said. “That means shops caught doing so will be closed. Psilocybin, the main active chemical in the mushrooms, has been illegal under international law since 1971. However, fresh, unprocessed mushrooms continued to be sold legally in the Netherlands along with herbal medicines in so-called “smart-shops,” on the theory that it was impossible to determine how much of the naturally occurring substance any given mushroom contains. (AP Photo/Peter Dejong, File)
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Recreational drugs are back on Denver’s municipal ballot. Initiative 301 asks whether personal use and possession of psilocybin mushrooms — or “magic mushrooms” — should be Denver’s lowest law enforcement priority, essentially decriminalizing their use.

The initiative would not legalize the drug. Psilocybin is illegal under both Colorado and federal law and would remain so if the initiative is passed. The Drug Enforcement Administration classifies it as a Schedule 1 drug, meaning the agency sees it as having a high potential for abuse.

The initiative does not deprioritize law enforcement’s pursuit of the sale, distribution and production of psilocybin. Those aspects of law enforcement will remain unchanged if it passes.

If approved, Denver will also create a policy review panel to assess and report on the effects of the ordinance.

Ballot Question: “Shall the voters of the City and County of Denver adopt an ordinance to the Denver Revised Municipal Code that would make the personal use and personal possession of psilocybin mushrooms by persons twenty-one (21) years of age and older the city’s lowest law-enforcement priority, prohibit the city from spending resources to impose criminal penalties for the personal use and personal possession of psilocybin mushrooms by persons twenty-one (21) years of age and older, and establish the psilocybin mushroom policy review panel to assess and report on the effects of the ordinance?”

The case in favor: Supporters say deprioritizing the enforcement of psilocybin would save taxpayers money by avoiding arresting nonviolent criminals. Proponents also argue that the drug is safe, nonaddictive and can be used to treat mental illnesses and that the decision to use the drug should be left to the individual.

The case against: Opponents worry that approving the initiative will reinforce Denver’s reputation as a drug-friendly city. They say decriminalization of psilocybin could lead to increased drug use, especially since cannabis is already legal. Some researchers have said people who are at risk for serious mental disorders should not use psilocybin.

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