Psychedelics

He Was Underage When Popped for Possession of Psilocybin: Why Is That Still a Crime?

Alexander Vucasovich was 20 when he was arrested for psilocybin possession, excluding him from Governor Polis's recent order pardoning psilocybin offenses
Hand holds gold capped psilocybin mushroom
Although growing, possessing and gifting marijuana and psilocybin mushrooms are legal in Colorado, selling them is not. But what about trading weed for shrooms?

Flickr/waqas anees

Carbonatix Pre-Player Loader

Audio By Carbonatix

Alexander Vucasovich was convicted of possessing a Schedule I controlled substance in 2006, after he was found with psilocybin mushrooms during a traffic stop. In June, when Governor Jared Polis announced a pardon program for people convicted at the state level of possessing psilocybin or psilocin before Coloradans voted in 2022 to decriminalize certain natural drugs, Vucasovich was thrilled — until he realized that Polis’s executive order was limited to those 21 and over at the time of the crime, unlike similar pardons for marijuana possession that Polis had issued in 2020 and 2021.

Vucasovich is particularly interested in clearing his record because he has a long-term stalker – he declines to go into details – and wants a firearm for his personal protection, but he cannot legally own a gun with the psilocybin felony on his record.

So after Polis issued an executive order echoing his announcement, Vucasovich applied for a pardon via the Colorado Bureau of Investigation’s Natural Medicine Pardons website, and subsequently contacted state Senator Matt Ball to ask for his support. Ball was the sponsor of SB25-297, the legislation authorizing the governor to issue the psilocybin pardons. After meeting with the governor’s office, Ball’s staff emailed told Vucasovich, “The Governor’s office stated they are considering statewide psilocybin offenses for those under the age of 21, as well, despite the wording within the Executive Order and on the CBI website.”

But on September 16, Vucasovich was informed by the CBI that his pardon would not be granted under Polis’s executive order. “Based on the criminal records available and court documents obtained by CBI, your conviction(s) meets the conditions set forth” in Polis’s order, the agency wrote. “However, since you were under the age of 21 at the time of offense, you must apply for a Governor’s pardon through this website.” The letter included a link to the Department of Corrections’ general clemency application portal.

Editor's Picks

Vucasovich responded with a letter to both Polis and Ball. “My life is at risk, and governor’s office is willingly and knowingly choosing to keep it at a higher risk,” he wrote. “Twenty years ago I made a mistake, I hope it doesn’t cost me my life.”

“I was kind of expecting not to get the pardon, but it’s still disappointing,” Vucasovich tells Westword. Still, he says he’ll continue to pursue a pardon through the clemency process. That process is far more complex, requiring letters of reference and tax and employment information. The application is then considered by the Executive Clemency Advisory Board before that body makes a recommendation to the governor. The site notes that March 1, 2026, is the deadline for Polis to consider clemency applications, since he’ll leave the governor’s office in early 2027.

A spokesperson for the governor’s office points out that Vucasovich was not denied a pardon, but is simply ineligible under the executive order due to the age limitation. “Coloradans who are eligible or think they might be eligible should contact CBI to confirm,” the spokesperson continues. “If the individual believes they were eligible and a pardon was not granted, they may need to provide CBI additional information. Once the necessary information is received, a pardon will be granted automatically for those who are eligible under the Executive Order. Coloradans can confirm that pardon and that the charge is removed from their record by contacting CBI.”

Vucasovich says he remains hopeful, but wonders why he even has to take these extra steps; he feels he’s being punished for being underage when he was convicted, while those who were adults will be automatically be pardoned. Asks Vucasovich: “Why should I have to jump through these 80 million hoops when, you know, those guys should be doing the right thing?”

Related

GET MORE COVERAGE LIKE THIS

Sign up for the This Week’s Top Stories newsletter to get the latest stories delivered to your inbox

Loading latest posts...