Are Magic Mushrooms Legal in DC? Psilocybin Laws (2026)

Magic mushrooms are illegal in the District of Columbia. Psilocybin and psilocyn are Schedule I controlled substances under D.C. Code 48-902.04(3)(R)-(S), and possessing them is a misdemeanor punishable by up to 180 days in jail (D.C. Code 48-904.01(d)(1)). Initiative 81 (D.C. Law 23-268, effective March 16, 2021) tells the Metropolitan Police Department to treat adult, non-commercial conduct involving psilocybin mushrooms and other entheogenic plants and fungi as among its lowest enforcement priorities, but it did not legalize them: the law still applies, and so does federal law. For other states, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers District of Columbia law on psilocybin and psilocyn: the Schedule I statute (D.C. Code 48-902.04) and rule (22-B DCMR 1201.1), Initiative 81 (D.C. Code 48-921.51 to 48-921.53), the offenses and penalties in D.C. Code 48-904.01, 48-904.06, 48-904.07, 48-904.07a, 48-904.08 and 22-3571.01, the shop-enforcement provisions of 7-1671.08, the overdose protection in 7-403 and the research registration in 48-903.03, with one paragraph on federal law. It does not cover federal enforcement on federal property in the District, employer or school policies, or the laws of Maryland or Virginia.

Are magic mushrooms legal in DC?

No. D.C. Code 48-902.04 places psilocybin and psilocyn in Schedule I, in its list of hallucinogens:

"(3) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, its salts, isomers and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: ... (R) Psilocybin; (S) Psilocyn;"

The same list includes mescaline and peyote. The D.C. Schedule I rule, 22-B DCMR 1201.1, repeats psilocybin and psilocyn in its own hallucinogen list.

Neither the statute nor the rule uses the words "mushroom" or "spore." They list the two compounds, and the statute reaches any material that contains "any quantity" of them, which is how mushrooms that contain psilocybin come within Schedule I. Initiative 81 uses the same approach: it defines an "entheogenic plant and fungus" by the substances naturally occurring in it, including psilocybin and psilocyn.

Initiative 81: lowest enforcement priority, not legalization

Initiative No. 81, the Entheogenic Plant and Fungus Policy Act of 2020, took effect as D.C. Law 23-268 on March 16, 2021. Its operative section, D.C. Code 48-921.52, reads:

"(a) For purposes of this section, the term "entheogenic plant and fungus" means any plant or fungus of any species in which there is naturally occurring any of the following substances in any form, which would cause such plant or fungus to be described in § 48-902.04(3): ibogaine, dimethyltryptamine, mescaline, psilocybin, or psilocyn. (b) The Metropolitan Police Department shall make the investigation and arrest of persons 18 years of age or older for non-commercial planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi that are listed in § 48-902.04, as among its lowest enforcement priorities. (c) Nothing in this section shall affect the priority of enforcing any provision of subchapter III-A of Chapter 22 of Title 50 or of § 48-904.07a."

The section sets a police priority. It does not repeal or amend any offense or penalty, so the possession and distribution crimes in D.C. Code 48-904.01 apply exactly as before.

Sales by shops. Initiative 81 does not cover commercial sales, and D.C.'s medical cannabis law adds a separate licensing and enforcement rule for businesses. Since December 17, 2024 (D.C. Law 25-255), D.C. Code 7-1671.08(g) has let the Alcoholic Beverage and Cannabis Board summarily close and padlock, without a prior hearing, an unlicensed cannabis business that sells Schedule I substances listed in 48-902.04, which include psilocybin and psilocyn; an unlicensed business whose complete license application from the 90-day open application period is still pending is exempt while it is pending (D.C. Code 7-1671.06b(a)). A temporary emergency act, D.C. Act 26-391, in effect from July 30, 2026 until it expires on October 28, 2026 unless the Council extends it, added 7-1671.08(c-1), which makes it a violation for a licensed or unlicensed establishment to sell or deliver Schedule I substances. While the act is in effect, it also treats any business that sells Schedule I substances from a D.C. location as an unlicensed establishment for these enforcement rules, whether or not it sells cannabis, applies them whether or not a license application is pending, and lets the Alcoholic Beverage and Cannabis Administration or the Metropolitan Police Department seize Schedule I substances at a closed shop. A companion temporary act, Bill 26-760, contains the same (c-1) rule and Schedule I seizure language; it passed the Council on September 22, 2026 and was sent to the Mayor on October 6, 2026. It would take effect only after the Mayor approves it (or the Council overrides a veto) and a 30-day period of congressional review, and would then last up to 225 days, so these provisions may lapse for a time after October 28, 2026. These provisions govern businesses; they do not change the possession offense or Initiative 81, and the criminal penalties in 48-904.01 apply separately.

The initiative's last section, D.C. Code 48-921.53, is a request rather than a rule:

"The people of the District of Columbia call upon the Attorney General of the District of Columbia and the United States Attorney for the District of Columbia to cease prosecution of residents of the District of Columbia for non-commercial planting, non-commercial cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants and fungi as defined in § 48-921.52."

The text "calls upon" the two prosecutors; it does not direct them, and it speaks of "residents," while 48-921.52 speaks of persons 18 or older. A person can still be arrested and charged under 48-904.01.

What are the penalties for psilocybin in DC?

Psilocybin is a Schedule I substance that is neither a "narcotic drug" nor an "abusive drug" under D.C. Code 48-901.02, which puts it in the 5-year tier of 48-904.01 for manufacture and distribution.

An earlier controlled-substance conviction anywhere in the United States counts as a prior offense under 48-904.08(b).

Possession. Section 48-904.01(d)(1) provides:

"It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter or Chapter 16B of Title 7, and provided in § 48-1201. Except as provided in paragraph (2) of this subsection, any person who violates this subsection is guilty of a misdemeanor and upon conviction may be imprisoned for not more than 180 days, fined not more than the amount set forth in § 22-3571.01, or both."

The fine statute, 22-3571.01(b)(4), sets that amount at "$1,000 if the offense is punishable by imprisonment for 180 days, or 6 months, or less but more than 90 days." The possession range does not change with the amount; the D.C. statute has no weight tiers for psilocybin. For a person with no earlier drug conviction, D.C. Code 48-904.01(e) lets the court, with the person's consent, defer judgment and order probation of up to one year. If the person meets the conditions, the court must dismiss the case, the dismissal is not a conviction, and the person may then ask the court to expunge the arrest and case records under 48-904.01(e)(2).

Manufacture and distribution. Section 48-904.01(a)(1) makes it unlawful "knowingly or intentionally to manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance." Subsection (a)(2)(A) carries up to 30 years for a Schedule I or II substance "that is a narcotic or abusive drug." Psilocybin is neither: "abusive drug" means only phencyclidine, methamphetamine and phenmetrazine, and "narcotic drug" (48-901.02(15)) covers opium and its derivatives, the opium poppy and poppy straw, cocaine and ecgonine. So psilocybin falls under (a)(2)(B), which provides that a person who violates the subsection with "any other controlled substance classified in Schedule I, II, or III, except for a narcotic or abusive drug, is guilty of a crime and upon conviction may be imprisoned for not more than 5 years, fined not more than the amount set forth in § 22-3571.01, or both."

Under the definitions in D.C. Code 48-901.02, "manufacture" includes "production," and "production" includes growing a controlled substance. Growing psilocybin mushrooms can therefore be charged as manufacture under 48-904.01(a)(1), with up to 5 years, rather than as simple possession. Initiative 81 makes non-commercial cultivation a low police priority but does not change that offense or its penalty.

Drug free zones. Under D.C. Code 48-904.07a(b), distributing or possessing with intent to distribute any Schedule I through V substance within a drug free zone "shall be punished by a fine up to twice that otherwise authorized by this chapter to be imposed, by a term of imprisonment up to twice that otherwise imposed, or both." Subsection (a) defines the zones by distance (1,000 feet) from appropriately identified day care centers, schools, colleges, public pools, playgrounds, video arcades, youth centers and public libraries, and includes areas in and around public housing and events those places sponsor. Initiative 81's subsection (c) keeps drug-free-zone enforcement at its normal priority.

Sections 48-904.01 and 48-904.07a state maximum terms for these offenses; neither sets a mandatory minimum term.

Overdose calls. D.C. Code 7-403 provides that possession under 48-904.01(d) "shall not be considered" a crime, and cannot be the sole basis for revoking supervision, for a person who seeks health care in good faith for an overdose, the person experiencing it, or a bystander, when the offense arises from the same circumstances. It does not cover distribution or other offenses, although seeking help may be treated as a mitigating factor for them.

Is psilocybin therapy legal in DC?

The D.C. Code creates no psilocybin therapy, licensing or service-center program; the only Code sections that name psilocybin are the Schedule I list in 48-902.04 and the Initiative 81 sections. The research route is the general one for Schedule I substances. D.C. Code 48-903.03(c) provides:

"Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within the District of Columbia upon furnishing the Mayor evidence of that federal registration."

That provision covers registered researchers only. It does not create a way for the public to obtain psilocybin.

Would FDA approval or federal rescheduling change DC law?

The D.C. scheduling statute leaves any change to the Mayor, and D.C. Code 48-902.01(d) makes following federal law a choice:

"If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Mayor may similarly designate, reschedule, or delete the controlled substance under this chapter"

If federal law rescheduled an FDA-approved psilocybin product, D.C.'s Schedule I listing would stay as it is until the Mayor adopted a rule (with public notice and comment under 48-902.01(a)) or the Council changed the statute.

Federal psilocybin law

Psilocybin and psilocyn are federal Schedule I hallucinogens (21 CFR 1308.11(d)(29)-(30), eCFR version of October 6, 2026), and the listing reaches any material containing any quantity of them. Simple possession is a federal misdemeanor under 21 U.S.C. 844(a), punishable by up to 1 year and a minimum fine of $1,000 for a first offense. Federal law still lists psilocybin in Schedule I in D.C. regardless of Initiative 81. As of October 11, 2026, no DEA or HHS rescheduling notice or rule for psilocybin has appeared in the Federal Register. Executive Order 14401 (April 18, 2026) directs FDA to give priority vouchers to certain psychedelic drugs, directs FDA and DEA to establish a Right to Try pathway, and directs the Attorney General to review rescheduling of Schedule I products that complete Phase 3 trials, but it does not reschedule psilocybin and its Section 6(c) disclaims any enforceable right. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

D.C. Code 50-2206.11 prohibits operating or being in physical control of a vehicle "(1) While the person is intoxicated; or (2) While the person is under the influence of alcohol or any drug or any combination thereof," and 50-2206.14 separately covers operating while the person's ability "is impaired by the consumption of alcohol or any drug or any combination thereof." Initiative 81 does not lower the priority of those offenses (48-921.52(c)); see our guide to District of Columbia DUI laws. A psilocybin conviction creates a criminal record, and whether it can later be sealed is covered in our guide to District of Columbia expungement laws.

Related

• Psilocybin mushroom laws by state
• District of Columbia DUI laws
• District of Columbia expungement laws
• District of Columbia kratom laws

This article provides general legal information about District of Columbia law as of October 11, 2026. It is not legal advice. Initiative 81 sets a police enforcement priority and does not change what the law prohibits. For advice about a specific situation, contact a lawyer licensed in the District of Columbia.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in DC?

No. Psilocybin and psilocyn are Schedule I controlled substances under D.C. Code 48-902.04, and possession is a misdemeanor under 48-904.01(d)(1). Initiative 81 makes adult, non-commercial conduct a lowest police enforcement priority, but the law still applies.

Did DC decriminalize psilocybin mushrooms?

Not in the sense of changing the law. Initiative 81 (D.C. Code 48-921.52) directs the Metropolitan Police Department to treat arrests of adults for non-commercial conduct involving entheogenic plants and fungi as among its lowest enforcement priorities, but it left the offenses and penalties in 48-904.01 in place.

What is the penalty for possessing psilocybin in DC?

Up to 180 days in jail, a fine of up to $1,000, or both (D.C. Code 48-904.01(d)(1) and 22-3571.01(b)(4)). D.C. Code 48-904.01(e) also sets a first-offender probation procedure for simple possession.

What is the penalty for selling magic mushrooms in DC?

Manufacturing, distributing or possessing psilocybin with intent to distribute carries up to 5 years, a fine of up to $12,500, or both under D.C. Code 48-904.01(a)(2)(B) and 22-3571.01(b)(6). Inside a drug free zone the maximum fine and prison term can be doubled (48-904.07a), and Initiative 81 covers only non-commercial conduct.

Does Initiative 81 apply to people under 18?

No. D.C. Code 48-921.52(b) applies to the investigation and arrest of persons 18 years of age or older, and selling psilocybin to a person under 18 can double the maximum prison term for a seller 21 or older (48-904.06(b)).

Is psilocybin therapy legal in DC?

The D.C. Code creates no psilocybin therapy or licensing program. Practitioners with a federal Schedule I research registration may conduct research in D.C. after furnishing the Mayor evidence of that registration (D.C. Code 48-903.03(c)).

Can federal agents arrest someone for psilocybin in DC?

Initiative 81 directs only the Metropolitan Police Department. Federal law still lists psilocybin in Schedule I, and simple possession is a federal misdemeanor under 21 U.S.C. 844(a).