Colorado voters approved adding mushrooms to the list of herbal “medications” legalized, following Oregon voters.

The question is how will voters decisions affect neighboring states who have not accepted specific mushrooms for medicinal use.

Sidney Police Chief Joe. Aikens said hallucinogenic mushrooms continue to be illegal in Nebraska and his department will treat them accordingly.

Cheyenne County Sheriff Adam Frerichs said there has been no official discussions on it yet. However, the expectation is the decision of Colorado voters will impact Nebraska law enforcement.

"We've seen what has happened with legalization of marijuana," Frerichs said. "It's going to be migrating across the border."

Cheyenne County Attorney Paul Schaub says any Schedule 1 possession guilty plea can result in up to two years in prison; a maximum of 20 years if charges include delivery or intent to deliver.

The Colorado initiative decriminalizes the use of certain mushrooms for people age 21 and older. It will also legalize the creation of “healing centers” where the drug can be administered under supervision. Johns Hopkins University released a report on November 4, 2022, that psilocybin can be used to treat severe depression. The small study by Johns Hopkins Medicine of adults with severe depression showed improvements after two doses of psilocybin with supportive therapy.

The study shows an increase in auditory and visual hallucinations and a “profound change in consciousness” over a few hours after ingestion. Johns Hopkins Medicine researchers in 2016 reported benefits of using mushrooms with psilocybin for patients with anxiety and depression related to a life-threatening cancer diagnosis.

Psilocybin mushrooms are classified as a Schedule 1 narcotic, the same as heroin and LSD, according to the Department of Justice. Definitions of how a substance is ranked is determined by The Controlled Substances Act. 

"The Controlled Substances Act (CSA) places all substances which were in some manner regulated under existing federal law into one of five schedules. This placement is based upon the substance’s medical use, potential for abuse, and safety or dependence liability," according to the DEA website. 

The DEA says Schedule 1 substances are generally "defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote."

Colorado and Oregon voters have created a chapter similar to when specific uses of marijuana was approved; although approved by the state, it was still illegal by federal law.