Polis Pardons Old Magic Mushroom Convictions in Colorado

After signing a bill giving himself the power to pardon crimes involving psychedelics that are now legal in Colorado, Governor Jared Polis says he's going to do just that.

While giving a welcome speech at the MAPS Psychedelic Science conference in downtown Denver on Wednesday, June 18, Polis announced that he will carry out the power granted to him by Senate Bill 25-297, a measure passed by state lawmakers earlier this year.

On top of creating a new initiative for collecting data from law enforcement, public health and consumer protection agencies related to natural psychedelics, SB-297 also grants the governor the authority to pardon people convicted of crimes for psychedelics that became legal after Colorado voters approved the Natural Medicine Health Act in 2022.

The pardons will only apply to people convicted at the state level for possession of psilocybin, or magic mushrooms. Polis's office hasn't conducted individual assessments of those cases, but people who qualify for the pardons won't have to apply for them and should have the information automatically cleared from their records, according to an announcement shared by the governor's staff.
“Colorado has been a national leader in breaking through outdated laws around cannabis, and now we are doing the same for natural medicine. This action eliminates past state-level convictions for psilocybin and psilocin possession that would be legal today. With these pardons, we are fulfilling the will of Colorado voters and moving away from ineffective drug policy and encouraging local municipalities to follow suit,” Polis says in a statement accompanying the pardon announcement.

Currently, the pardons only apply to four convictions, the governor's office notes. Anyone who believes they have a conviction that qualifies for a pardon and was not included after Polis's announcement can contact the Colorado Bureau of Investigation and apply for clemency.

Although the new law says it gives Polis the power to pardon crimes for "defendants who were convicted of the possession of natural medicine," the governor's office says he can only address crimes involving psilocybin, psilocin and magic mushrooms, since they're legal for therapeutic purposes in Colorado. If the state Department of Regulatory Agencies approves DMT, ibogaine or mescaline for legal therapeutic use, then the governor could pardon past possession crimes for them, too, according to a Polis spokesperson. Ibogaine is expected to be up for a therapeutic review by DORA within the next year or so, according to advocates.

Polis's office did not immediately respond to a question for clarification about pardons for possession of the other three natural medicines. However, DMT, ibogaine and mescaline are not as culturally relevant or easy to find as psilocybin mushrooms, which were connected to fewer than five convictions.

Colorado lawmakers and Polis worked together to perform similar efforts for people convicted of low-level pot possession at the state level, providing nearly 4,100  pardons for possession of up to two ounces of cannabis in 2020 and 2021.