Are Psilocybin Mushrooms Legal in Washington D.C.? (2026)

Not legal. Washington, DC deprioritizes natural entheogen enforcement under Initiative 81, but psilocybin remains illegal under federal law.

Deprioritized. D.C. passed Initiative 81 in November 2020 with 76% of the vote, making enforcement of laws against entheogenic plants and fungi the lowest police priority. This is not legalization — psilocybin remains a federal crime, and D.C.'s unique status means Congress can override local legislation.

Not legally, but enforcement is deprioritized. Initiative 81, passed by D.C. voters in November 2020 with 76% support, directed the Metropolitan Police to make enforcement of laws against entheogenic plants and fungi (including psilocybin mushrooms, ayahuasca, and mescaline cacti) among the lowest law enforcement priorities. However, psilocybin remains a federal crime — and D.C.'s unique jurisdictional status under Congress means the federal government has direct oversight authority.

Initiative 81, also called the Entheogenic Plant and Fungus Policy Act, was a citizen-led ballot measure passed in November 2020. It directs D.C. police to treat the investigation and arrest of adults for non-commercial planting, cultivating, purchasing, transporting, distributing, possessing, or engaging in practices with entheogenic plants and fungi as the lowest law enforcement priority. It does not legalize, decriminalize, or create any therapeutic access program.

Yes. Under the D.C. Home Rule Act, Congress retains authority over the District's legislation. Members of Congress have previously attempted to block D.C. drug policy reforms. While no rider specifically targeting Initiative 81 has passed as of 2026, the possibility remains a unique vulnerability of D.C.'s local policy.