A Dillon man is facing a felony drug distribution charge as prosecutors allege he sold psilocybin mushrooms, also known as "magic" mushrooms, in violation of state law.
But the 32-year-old man accused of unlawful distribution, dispensing or sale of a controlled substance, a Class 3 drug felony, claims he was "donating," not selling, the mushrooms, according to a warrantless arrest probable cause statement. Class 3 drug felonies are punishable by two to four years in prison.
In November, Colorado voters passed Proposition 122, which decriminalized the personal possession, use and sharing of psilocybin mushrooms. Under the proposition, it is not illegal for people 21 or older to give away mushrooms to those who are 21 or older, but it remains illegal to sell mushrooms.
On April 14, Dillon police responded to a plaza near the Dillon Ridge Shopping Center after a caller reported a man had set up a table outside a shop with signs advertising “magic mushrooms” and “Free hugs & mushees,” according to the court documents.
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