Cunningham told CU Police that he and Mary Essa came up with the plan together. He went on to tell police the two worked together to bake the brownies and that he did not tell anyone in the class what was in the brownies.

On December 7 the Boulder Fire Department and paramedics were called to the classroom in the Hellems Building on the CU Boulder campus after Professor Celine Dauverd and 12 of her students became ill after eating the brownies.

Both Cunningham and Essa were arrested on felony charges, including assault in the second degree.

While the felony charges could result in the two spending years in prison, 9NEWS legal analyst Scott Robinson said the court's decision will weigh heavily on intent.

"Their intent is absolutely critical to the outcome of the case. If they really meant no harm and it was just a double dumb thing to do, they are far more likely to get probation than get sent to prison. So what they had in mind is absolutely important," Robinson said.

As a result of eating the pot brownies three people were taken the hospital. Dauverd was hospitalized for 24 hours and required a battery of tests including an MRI. She and the other students are reported to have been released from the hospital and are recovering.

A judge set bail for Cunningham and Essa at $5,000. Cunningham is due back in court on December 12, while Essa's next court appearance is set for December 13. The filing of charges will take place during those hearings.