Legal reference — Washington

Are Psilocybin Mushrooms Legal in Washington State? (2026)

No. Psilocybin remains illegal statewide in Washington in 2026; Seattle, Olympia, and Port Townsend deprioritization policies are not legal protection.

Last reviewed: 2026-06-21  ·  Educational only — not legal advice
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Illegal statewide; local deprioritization in some cities No. Psychedelic (psilocybin) mushrooms are illegal in Washington state. Psilocybin is a Schedule I controlled substance under Washington's Uniform Controlled Substances Act (RCW 69.50.204), and it is also Schedule I under federal law. Five Washington jurisdictions have passed resolutions directing police to make psilocybin enforcement a low priority: Seattle, Port Townsend, and Olympia by city resolution, Tacoma in January 2025, and King County by county resolution in March 2026. These resolutions are policy directives only. They give no legal protection and do not bind state or federal prosecutors. Washington's Psilocybin Services Task Force, created by Senate Bill 5263 in 2023, recommended a licensed facilitator access model in its 2024 final report. No bill creating licensed psilocybin access has passed in Washington as of this writing.
✓ City decriminalized (3 cities) ✎ Pending bills

City-level deprioritization

The following cities in Washington have passed resolutions directing local police to treat entheogenic plant and fungi enforcement as the lowest priority: Seattle, Port Townsend, Olympia.

Important: city deprioritization resolutions are not decriminalization and do not make psilocybin legal. They affect only local police enforcement priorities. State law and federal law still apply, and state/federal prosecutors are not bound by city council resolutions.

Recent & pending legislation

Important notes

Washington's Psilocybin Services Task Force released its final report in 2024 recommending a licensed facilitator model similar to Oregon's, but the state legislature has not passed a therapeutic access bill as of 2026. Psilocybin mushrooms are Schedule I under state and federal law. The three cities with deprioritization resolutions (Seattle, Port Townsend, Olympia) do not make possession legal.

Primary sources to verify Washington law

Washington RCW 69.50.204

Washington Schedule I controlled-substance statute.

Open source

Washington State Legislature

Official source for psilocybin task-force and access legislation.

Open source

Legal access options for Washington residents (2026)

As of 2026, Washington does not have a licensed psilocybin access program. Legal options for residents include:

How Washington compares to nearby states

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Frequently asked questions about Washington psilocybin law

Is psilocybin legal in Washington in 2026?

No. Psilocybin remains illegal statewide in Washington in 2026; Seattle, Olympia, and Port Townsend deprioritization policies are not legal protection.

Are mushrooms legal in Washington?

No. Psychedelic (psilocybin) mushrooms are illegal in Washington state. Psilocybin is a Schedule I controlled substance under Washington's Uniform Controlled Substances Act (RCW 69.50.204), and it is also Schedule I under federal law. Five Washington jurisdictions have passed resolutions directing police to make psilocybin enforcement a low priority: Seattle, Port Townsend, and Olympia by city resolution, Tacoma in January 2025, and King County by county resolution in March 2026. These resolutions are policy directives only. They give no legal protection and do not bind state or federal prosecutors. Washington's Psilocybin Services Task Force, created by Senate Bill 5263 in 2023, recommended a licensed facilitator access model in its 2024 final report. No bill creating licensed psilocybin access has passed in Washington as of this writing.

Are psilocybin mushrooms legal in Washington state?

No. Psilocybin is Schedule I under Washington's Uniform Controlled Substances Act (RCW 69.50.204). Washington voters have not passed a legalization or decriminalization measure. Seattle, Port Townsend, Olympia, and Tacoma (January 2025) have city resolutions, and King County passed a county resolution in March 2026, directing police to deprioritize entheogen enforcement — but these are policy directives, not legal protections, and do not bind state or federal law enforcement.

Are mushrooms legal in Seattle?

Not legally. Seattle's city council passed a resolution in November 2021 making enforcement of laws against entheogenic plants and fungi the lowest priority for police. But psilocybin remains Schedule I under Washington state law and federal law, and the Seattle resolution does not provide legal protection against state or federal prosecution.

When will mushrooms be legal in Washington state?

The timeline for a bill becoming law in Washington remains uncertain, though advocates expect new legislation within one to two legislative sessions. Senator Jesse Salomon, who has sponsored psilocybin legislation across four consecutive sessions, introduced Senate Bill 5263 (SB 5263) in 2023 as an 81-page proposal for a regulated access system. That original draft permitted supervised adult use with licensed facilitators and required service-center license applications to begin by September 2025. A Senate committee amendment removed the regulated access framework and cut the bill to eight pages. The Senate then passed the amended bill 41 to 7 on March 7, 2023. The enacted legislation directed the task force to develop "a long-term strategic plan for ensuring that psilocybin services become and remain a safe, accessible, and affordable option for all persons 21 years of age and older," including indigenous religious and cultural use. Washington's Psilocybin Services Task Force (created by SB 5263 in 2023) released a final report in 2024 recommending a licensed facilitator model similar to Oregon's Measure 109. HB 1931 (2024) did not advance. Oregon, the nearest state with a licensed program, is covered in the /tools/legal-status-by-state/oregon guide.

Are mushrooms legal in Olympia or Port Townsend, Washington?

Not legally. Both cities have passed deprioritization resolutions for entheogenic substances, but Washington state law still classifies psilocybin as Schedule I. The city resolutions affect local police priorities only.

What are the penalties for psilocybin possession in Washington state?

Possession of psilocybin in Washington state is a criminal offense. Under Washington's drug possession statutes (RCW 69.50.4013–4014), personal possession of a controlled substance is a gross misdemeanor for a first or second offense, carrying up to 364 days in jail and a $1,000 fine. A third offense within ten years escalates to a Class C felony, with up to five years in prison and a $10,000 fine. Manufacture or distribution carries heavier felony penalties under RCW 69.50.401. The city deprioritization resolutions do not affect charging decisions by state or federal prosecutors.

Are mushrooms legal in Tacoma or King County, Washington?

Not legally. Tacoma passed a city council resolution in January 2025 directing local police to deprioritize enforcement of laws against entheogenic plants and fungi, including psilocybin. King County passed a similar resolution in March 2026 applying to county law enforcement. These resolutions are policy directives only — psilocybin remains Schedule I under Washington state law and federal law, and neither resolution provides legal protection against state or federal charges.

Is Washington state the same as Washington, D.C. for psilocybin law?

No. Washington state and Washington, D.C. are separate jurisdictions with separate psilocybin laws. This page covers Washington state, where psilocybin remains Schedule I and Seattle, Port Townsend, Olympia, Tacoma, and King County have passed local deprioritization resolutions but no licensed access program exists. Washington, D.C. deprioritized enforcement district-wide through Initiative 81, a separate ballot measure D.C. voters passed in 2020 — see our Washington, D.C. psilocybin law page for its details.

Are psilocybin mushroom spores legal in Washington state?

Yes. Psilocybin mushroom spores do not contain psilocybin, so they are not Schedule I under Washington's Uniform Controlled Substances Act (RCW 69.50.204) or federal law, and spores are sold legally in Washington. Germinating spores into mycelium or fruiting bodies is manufacturing a controlled substance, a felony under RCW 69.50.401. Possessing spores alongside cultivation equipment and clear intent to grow can still support a prosecution even though the spores themselves are not controlled.

Are Amanita muscaria mushrooms legal in Washington state?

Yes. Amanita muscaria (the red-and-white spotted mushroom) is not a controlled substance under Washington's Uniform Controlled Substances Act (RCW 69.50.204) or federal law. It contains muscimol, not psilocybin, and is a legally distinct product. Amanita muscaria gummies and extracts are sold legally in Washington. However, Amanita muscaria is not psilocybin and does not produce the same clinical or psychedelic effects as psilocybin mushrooms. A gummy that actually contains psilocybin, as opposed to Amanita muscaria's muscimol, is illegal in Washington under RCW 69.50.204 regardless of how it is marketed or labeled. Mislabeled 'mushroom gummies' sold online sometimes contain undisclosed psilocybin.

Does Washington's legal recreational marijuana law cover psilocybin too?

No, Washington's legal recreational marijuana law does not cover psilocybin. Voters approved Initiative 502 in 2012 to legalize recreational cannabis for adults 21 and older, but the statute applies exclusively to cannabis. Psilocybin mushrooms remain a Schedule I controlled substance under Washington law, entirely separate from and unaffected by Initiative 502.

Can you buy psilocybin mushrooms legally in Washington state?

No, there is no legal retail source for psilocybin mushrooms anywhere in Washington state. Psilocybin remains Schedule I under RCW 69.50.204. Municipal deprioritization policies in jurisdictions like Seattle and King County instruct local police, but they do not authorize commercial sales. Licensed cannabis dispensaries established under Initiative 502 apply exclusively to cannabis and cannot lawfully sell psilocybin. Packaged mushroom products sold legally in retail shops are Amanita muscaria, an unscheduled species containing muscimol instead of psilocybin.

Educational only — not legal advice. Laws change rapidly. Verify current statutes with a licensed attorney before making any decision. Corrections: corrections@mindmedicinelaw.com.
Last reviewed: 2026-06-21. Tell us what's changed — corrections@mindmedicinelaw.com.