As Colorado grapples with new laws decriminalizing certain natural psychedelics, including psilocybin mushrooms, it is critically important to understand that legalization or decriminalization does not equate to permission to drive under their influence. Driving while impaired by psilocybin carries significant risks to safety, health, freedom, and driving privileges. influenced driving,
Psilocybin: Effects, Impairment, and Risks for Driving
Psilocybin is a naturally occurring psychedelic compound found in certain species of mushrooms. After ingestion, psilocybin is metabolized into psilocin, which has activity at various serotonin receptors (notably 5-HT2A). The effects can include altered perception (visual, auditory), distorted sense of space and time, hallucinations, disordered thinking, sometimes anxiety or panic, impaired motor coordination, delayed reaction time, and impaired judgment. These effects may begin within 20-60 minutes of ingestion and can last several hours; after‐effects (“come down”, residual perceptual distortion) may persist. The duration and intensity vary depending on dosage, individual physiology, setting, tolerance, and whether other substances (including alcohol, cannabis, drugs) are combined.
Operating a motor vehicle demands rapid decision‐making, clear judgment, good motor control and reaction time, the ability to scan and interpret the environment (traffic signals, other vehicles, pedestrians), coordination, attention, and situational awareness. Psilocybin can negatively affect many of these faculties. Empirical data on psilocybin‐impaired driving are less extensive than for alcohol, but the combination of perceptual distortion, slowed reaction time, distractibility, and possible panic or confusion creates a high risk of accidents, unsafe lane changes, misinterpretation of traffic signals or signs, delayed braking, inability to respond to sudden hazards. Furthermore, residual effects and “hangover”‐like impairments may extend beyond the period of peak intoxication.
Colorado Law: Statutes Governing Driving Under the Influence of Drugs and Psychedelics
Colorado law does not distinguish precisely among all kinds of drugs in terms of the DUI statute: CRS 42-4-1301 (and related sections) treat “drugs” broadly, including controlled substances, natural medicines, toxic vapors, and driving under the influence of any impairing drug or combination of drugs is prohibited. The Colorado Department of Transportation has made clear that “natural medicines, psychedelics or any other impairing substance” are included under DUI laws.
CRS 42-4-1301 et seq. — Definitions and Criminal Penalties
Colorado law defines two related but distinct offenses under CRS 42-4-1301:
-
Driving Under the Influence (DUI). A person commits a DUI if they drive a vehicle while under the influence of alcohol, one or more drugs, or a combination thereof, such that they are substantially incapable, mentally or physically (or both), of exercising clear judgment, sufficient physical control, or due care. This includes impairment from any drug under Colorado’s drug laws.
-
Driving While Ability Impaired (DWAI). Driving when impaired by alcohol or drugs (or both) “to the slightest degree” so that the driver is less able than usual to exercise clear judgment, sufficient physical control, or due care.
Moreover, “one or more drugs” is defined broadly in the statute to include any drug as per section 27-80-203(13), controlled substances under 18-18-102(5), inhaled glue/vapors, etc. Privity of having a legitimate medical drug or medicinal use is not a defense to a DUI or DWAI if the person is impaired.
Misdemeanor vs. felony classification.
-
A DUI or DWAI under CRS 42-4-1301 is generally a misdemeanor. However, the law provides that it becomes a Class 4 felony if the violation occurs after three or more prior convictions arising out of separate and distinct criminal episodes, for DUI, DUI per se, or DWAI; or vehicular homicide or vehicular assault under certain subsections.
-
DUI per se, under subsection (2)(a) of CRS 42-4-1301, refers to driving with a blood alcohol content (BAC) of 0.08 or more at the time of driving or within two hours after. But that applies only to alcohol, not to psilocybin. For drug impairment (including psilocybin), the standard is similar to the general DUI or DWAI definitions: whether the drug substantially impairs (for DUI) or to the slightest degree (for DWAI).
Legal Treatment of Psychedelics under Colorado Law
The Colorado Department of Transportation explicitly confirms for the public that driving while impaired on mushrooms (psilocybin), DMT, ketamine, or any psychedelic is illegal under existing DUI law: natural medicines or psychedelics are impairing substances under statute, and law enforcement is trained to detect impairment from them. Thus, while possession or personal use of certain psychedelics may be decriminalized (or deprioritized under certain laws), DUI law still applies fully. Decriminalization does not create immunity to DUI prosecution.
Penalties: Criminal, Administrative, License Revocation under First and Subsequent Offenses
Below is a detailed breakdown of penalties (criminal and administrative) under Colorado law for driving under the influence of drugs (including psilocybin), both for first offenses and repeat offenses.
First DUI Offense
If a driver is found guilty of driving under the influence of a drug (or combination) for the first time in Colorado, the penalties for a DUI are roughly as follows:
| Type of Penalty | Possible Consequence |
|---|---|
| Criminal Penalties | – Jail: 5 days to up to one year in jail; – Fine: approximately $600 to $1,000; – Community service: 48−96 hours; – Probation may be imposed |
| Administrative Penalties / License Revocation | – License suspension or revocation for 9 months for a first DUI; – 12 DMV points |
If the driver refuses a chemical test (blood, breath, urine, etc.), there is an independent administrative license revocation under Colorado’s “express consent” laws. For a first refusal, the revocation is for 12 months.
Second DUI Offense
For a second conviction of DUI for drugs (or combination) the penalties increase substantially. Key consequences typically include:
| Type of Penalty | Possible Consequence |
|---|---|
| Criminal Penalties | – Jail: minimum approximately 10 days up to one year; – Fines: $600 to $1,500; – Community service: 48-120 hours; – Probation; more stringent conditions; possible treatment programs. |
| License/Revocation and Administrative | – Revocation of license for 1 year; – Ignition interlock device: required for two years following reinstatement; – 12 DMV points |
Third DUI Offense
With three convictions, penalties continue to escalate:
| Penalty Type | Consequence |
|---|---|
| Criminal Penalties | – Jail: 60 days to one year in jail; – Fines: $600 to $1,500; – Community service: 48-120 hours; – Probation and possibly stricter treatment and monitoring. |
| License Penalties | – Revocation for 2 years; – Ignition interlock device for two years under many scenarios; – DMV points |
Fourth or Subsequent DUI Offenses (Felony)
Once a person has three or more prior convictions arising from separate criminal episodes (for DUI, DUI per se, or DWAI, or related vehicular crimes), a fourth DUI is treated as a Class 4 felony under CRS 42-4-1301, and the penalties include:
| Penalty Type | Consequence |
|---|---|
| Criminal Penalties | – Prison sentence: 2 to 6 years in state prison; mandatory parole period (often 3 years) may follow; – Substantial fines: in the ballpark of $2,000 to $500,000 depending on severity, aggravating circumstances. |
| License Penalties | – Revocation of driver’s license for at least the period tied to felony convictions (often 2 years or more), and other restrictions; – Interlock device requirements may persist for reinstatement; – High DMV point penalties. |
Because “drug impaired driving” is not limited to substances with per se quantitative standards in Colorado (except certain ones like alcohol BAC, and to a lesser degree for marijuana THC inference levels), proving impairment by psilocybin typically relies on behavioral observation, toxicology, expert testimony, and Drug Recognition Expert (DRE) protocols.
-
Law enforcement may observe driving behavior, signs of impairment (slurred speech, erratic driving, impaired coordination, delayed reaction etc.), field sobriety tests, psychological observations.
-
Toxicology testing: detecting psilocin or other metabolites may be possible, though detection windows, correlation to impairment, and lab standards may present challenges. There may not be a legal “magic number” of psilocybin concentration analogous to BAC for alcohol or THC thresholds.
-
Expert testimony may tie together observed impairment, timing of ingestion, dosage, interaction with other substances, and risk to driving performance.
While CRS 42-4-1301 does not single out psilocybin, it defines “drugs” broadly. Also, the Colorado Department of Transportation has clarified (in its “Natural Medicine” public safety materials) that driving under the influence of natural psychedelics (psilocybin, etc.) is illegal, with legal consequences equivalent to driving drunk.
Thus, any impairment under psilocybin that renders a driver “substantially incapable” of sound judgment or physical control can lead to a DUI conviction; milder impairment can lead to DWAI under statute.
In sum, driving under the influence of psilocybin in Colorado is illegal under existing DUI statutes. The law treats impairment by psychedelics similarly to impairment by alcohol or other drugs. CRS 42-4-1301 defines DUI and DWAI in terms that encompass “drugs,” including psychedelics; forms of impairment; and prescribes severe penalties—ranging from license revocation, fines, jail or prison, ignition interlock, to felony classification for repeat offenders.
From a legal practice standpoint, drivers are advised that:
-
Decriminalization of personal possession or therapeutic decriminalization does not shield individuals from DUI risk.
-
Any consumption of psilocybin prior to driving has potential for legal exposure if impairment is observable or proven.
-
Penalties can be severe, especially for repeat offenders—both criminally and administratively.
-
Administrative consequences (license revocation, test refusal, DMV points) can begin even before criminal conviction (or separately).
From a public policy and safety standpoint, awareness campaigns (such as those by CDOT) are essential, as is continuing development of methods for detecting psychedelic impairment in a scientifically reliable way.