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

Magic mushrooms are illegal in Washington. Psilocybin and psilocyn are Schedule I controlled substances under RCW 69.50.204, knowingly possessing them is a gross misdemeanor punishable by up to 180 days in jail, a $1,000 fine, or both (RCW 69.50.4013), and manufacturing or delivering them is a class C felony. Washington has no psilocybin decriminalization law or licensed psilocybin-services program; a 2023 statute (RCW 19.410) sets up a University of Washington therapy pilot, funded in the 2025-27 state budget, that works only through pathways approved by the FDA. 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 Washington state law on psilocybin and psilocyn under the Uniform Controlled Substances Act (chapter 69.50 RCW): the Schedule I listing (RCW 69.50.204), the possession, delivery and sale offenses (RCW 69.50.4013, 69.50.401 and 69.50.410), the repeat-offense and location enhancements (RCW 69.50.408 and 69.50.435), the offenses involving minors (RCW 69.50.406 and 69.50.4015), the Sentencing Reform Act drug grid (RCW 9.94A.517 and 9.94A.518), pretrial diversion (RCW 69.50.4017), the overdose Good Samaritan rule (RCW 69.50.315), the research and federal-adoption provisions (RCW 69.50.303 and 69.50.201), and the University of Washington pilot (chapter 19.410 RCW), with King County's 2026 motion as one labeled local example and one paragraph on federal law. It does not cover other city or county measures, tribal law, employer policies, federal land or other states' laws.

Are magic mushrooms legal in Washington?

No. Washington lists psilocybin and psilocyn in Schedule I. RCW 69.50.204(c) (displayed in the code as subsection (3)) lists hallucinogenic substances, and items (28) and (29) are "Psilocybin" and "Psilocyn." The subsection opens:

"Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation."

The schedule names the two compounds, not the mushroom, and its reach is set by the words "any material, compound, mixture, or preparation which contains any quantity" of them. Chapter 69.50 RCW does not mention mushrooms or spores by name.

No Washington statute decriminalizes psilocybin for adults or creates a licensed facilitator or service-center program.

What is the penalty for possessing psilocybin in Washington?

Possession is a gross misdemeanor. RCW 69.50.4013(1) makes it unlawful to "[k]nowingly possess a controlled substance" unless it was obtained directly from, or under, a valid prescription or order of a practitioner, and also makes it unlawful to "[k]nowingly use a controlled substance in a public place." Subsection (2)(a) sets the penalty:

"a violation of subsection (1)(a) or (b) of this section is a gross misdemeanor punishable by imprisonment of up to 180 days in jail, or by a fine of not more than $1,000, or by both such imprisonment and fine, however, if the defendant has two or more prior convictions under subsection (1)(a) or (b) of this section occurring after July 1, 2023, a violation of subsection (1)(a) or (b) of this section is punishable by imprisonment for up to 364 days, or by a fine of not more than $1,000, or by both such imprisonment and fine. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services."

The range is set in RCW 69.50.4013 itself and applies to any amount. Possession with intent to deliver is a different, felony offense, covered next.

RCW 69.50.4017 also lets a person charged with possession ask the court for pretrial diversion to a recovery navigator, arrest and jail alternative, or law enforcement assisted diversion program, in jurisdictions that have one. The court may not grant the motion unless the prosecutor consents. For a person charged only with possession who has no conviction for an offense committed after July 1, 2023, the statute says the court "shall grant the motion."

The overdose Good Samaritan rule in RCW 69.50.315 bars charging or prosecuting a person for possession under RCW 69.50.4013 when the evidence was obtained because that person, acting in good faith, sought medical help for someone experiencing a drug-related overdose, or because the person was the one who overdosed and needed medical help. The protection covers the possession charge only; it "shall not be grounds for suppression of evidence in other criminal charges."

Growing, selling or delivering psilocybin

Manufacture, delivery and possession with intent. RCW 69.50.401(1) makes it unlawful "to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance." For psilocybin, subsection (2)(c) applies:

"Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW, except as provided in RCW 69.50.475"

RCW 9A.20.021(1)(c) sets the class C maximum: confinement in a state correctional institution for five years, a fine of $10,000, or both. Those are statutory maximums; the weight-based fine tiers in RCW 69.50.401 for narcotics and methamphetamine do not apply to psilocybin.

What counts as manufacture. The chapter's definitions in RCW 69.50.101 define "manufacture" as "the production, preparation, propagation, compounding, conversion, or processing of a controlled substance," including by "extraction from substances of natural origin," and including packaging and labeling. "Production" "includes the manufacturing, planting, cultivating, growing, or harvesting of a controlled substance." The statute does not say which part of a mushroom is the controlled substance, and this page states no court holding on that point.

Sale for profit. RCW 69.50.410(1) makes it a separate class C felony "to sell for profit any controlled substance or counterfeit substance classified in Schedule I," except leaves and flowering tops of cannabis. "For profit" means "the obtaining of anything of value in exchange for a controlled substance." Under subsection (2), a first conviction carries "not more than five years," and a second or subsequent conviction, for a sale made after prosecution and conviction on the first, carries "a mandatory sentence of five years" that no judge may suspend or defer.

Delivery to a minor. An adult who delivers psilocybin to someone under 18 who is at least three years younger commits a class B felony under RCW 69.50.406(2), punishable by the fine authorized by RCW 69.50.401(2)(c), a prison term of up to twice the term that subsection authorizes, or both. Involving a person under 18 in a transaction to manufacture, sell or deliver a controlled substance is a separate class C felony (RCW 69.50.4015).

How sentences are set. Within those maximums, the Sentencing Reform Act sets standard ranges for felony drug offenses (RCW 9.94A.517 and 9.94A.518). Manufacturing, delivering or possessing with intent to deliver a nonnarcotic Schedule I substance such as psilocybin is seriousness level II, with a standard range of 12 months and one day to 20 months for an offender score of 0 to 2. Selling for profit (RCW 69.50.410), delivery to a minor (RCW 69.50.406) and involving a minor (RCW 69.50.4015) are level III, 51 to 68 months at that score. If the range in the grid exceeds the statutory maximum, the statutory maximum becomes the presumptive sentence (RCW 9.94A.599).

In State v. Cyr (2020), the Washington Supreme Court held that RCW 69.50.410 cannot be read "as creating an independent sentencing scheme that precludes the application of other sentencing provisions," so a sale-for-profit conviction is sentenced under the Sentencing Reform Act. The court noted that the five-year mandatory term in RCW 69.50.410(2)(b) is the same as the first-offense maximum and "does not affect the statutory maximum sentence in any way," and it held that RCW 69.50.408 automatically doubles the statutory maximum for a person with a qualifying prior drug conviction.

Enhanced penalties: repeat offenses and drug-free zones

Repeat offenses. RCW 69.50.408(1) allows a person convicted of "a second or subsequent offense under this chapter" to be imprisoned for up to twice the authorized term, fined up to twice the authorized amount, or both. A prior conviction under the chapter, or under any state or federal law relating to narcotic, cannabis, depressant, stimulant or hallucinogenic drugs, counts. Subsection (3) states: "This section does not apply to offenses under RCW 69.50.4013," so the doubling does not reach simple possession.

Protected locations. RCW 69.50.435 applies to manufacturing, selling, delivering or possessing with intent to do so under RCW 69.50.401, and to selling a Schedule I substance for profit under RCW 69.50.410, when the offense is committed in any of these places:

• in a school or on a school bus
• within 1,000 feet of a school bus route stop designated by the school district, or of the perimeter of school grounds
• in a public park
• in a public housing project designated by a local governing authority as a drug-free zone
• on a public transit vehicle or in a public transit stop shelter
• at a civic center designated as a drug-free zone, and within 1,000 feet of its perimeter if the local authority designates that perimeter

The penalty can be up to twice the fine and up to twice the imprisonment otherwise authorized, but the section "shall not operate to more than double the fine or imprisonment otherwise authorized." It does not apply to simple possession under RCW 69.50.4013.

The University of Washington psilocybin therapy pilot (RCW 19.410)

The Legislature passed a psilocybin pilot statute in 2023 (2023 c 364), codified at RCW 19.410.010. It provides:

"(1) Subject to amounts appropriated for this purpose, the psilocybin therapy services pilot program is established within, and administered by, the University of Washington department of psychiatry and behavioral sciences. No later than January 1, 2025, the University of Washington department of psychiatry and behavioral sciences must implement this section."

Under subsection (2)(a), the pilot must "offer psilocybin therapy services through pathways approved by the federal food and drug administration, to populations including first responders and veterans who are: (i) 21 years of age or older; and (ii) Experiencing posttraumatic stress disorder, mood disorders, or substance use disorders." RCW 19.410.020 adds: "Medical professionals licensed by the state of Washington shall not be subject to adverse licensing action for recommending psilocybin therapy services."

What the pilot does not do matters as much. It works only through FDA-approved pathways, and it does not amend Schedule I or the possession and delivery offenses. Nothing in chapter 19.410 RCW authorizes anyone to possess, grow or supply psilocybin outside the program. The 2025-27 operating budget provides $730,000 to the University of Washington solely to implement the 2023 psilocybin act (2025 c 424, sec. 606(50)), and the 2026 supplemental budget keeps that amount. The budget does not show whether the pilot has begun serving participants. The code displays two versions of RCW 19.410.010, one "effective until June 30, 2027" and one effective from that date; the change concerns a professional title (2024 c 239), not an end date for the pilot.

Can researchers use psilocybin in Washington?

Only through federal registration. RCW 69.50.303(3) provides that "[p]ractitioners registered under federal law to conduct research with substances included in Schedule I may conduct research with substances included in Schedule I within this state upon furnishing the commission evidence of that federal registration." The commission here is the Pharmacy Quality Assurance Commission. Washington's statute creates no separate state research panel.

Psilocybin bills: Senate Bill 5921 (2026)

Senate Bill 5921 (2026), the proposed Washington medical psilocybin act, would have created a medical psilocybin program supervised by the Department of Health, with protection from arrest and prosecution for producers, clinicians and patients taking part. The Legislature's records show the Senate Health and Long-Term Care Committee recommended it "do pass" on February 3, 2026, and it was referred to the Ways and Means Committee on February 4, 2026, with no later recorded action. It did not become law, and its proposals are not Washington law.

Does federal rescheduling change Washington law?

Washington follows federal scheduling changes through the Pharmacy Commission. RCW 69.50.201(d) provides that if a substance is designated, rescheduled or deleted under federal law, "the commission shall similarly control the substance under this chapter after the expiration of thirty days from the date of publication in the federal register of a final order," "unless within that thirty-day period, the commission or an interested party objects." Psilocybin is already named in RCW 69.50.204, so a federal rescheduling would move through that commission process rather than change Washington's schedule on the federal date. The UW pilot statute ties its services to "pathways approved by the federal food and drug administration," but neither it nor RCW 69.50.204 contains a provision that removes psilocybin from Schedule I when the FDA approves a psilocybin drug.

Local measures: King County Motion 16962

Some local governments have asked police and prosecutors to deprioritize entheogen cases. One example is King County. The Metropolitan King County Council passed Motion 16962 on March 24, 2026, by a vote of 6 to 2 with one member excused. The motion requests that investigation, arrest and prosecution of adults 21 and older for limited, noncommercial cultivation and possession of naturally occurring entheogens be among the county's lowest criminal enforcement priorities, directed as a request to the sheriff for unincorporated areas and to the prosecuting attorney. It also states support for entheogen research and for state and federal decriminalization of limited personal noncommercial use by adults 21 and older.

The motion is explicit about its limits:

"Nothing in this motion shall be interpreted to alter, supersede, or limit the application of state or federal law, or to confer any legal right, defense, or immunity under such law, nor shall it be construed to create any private cause of action."

State law still applies in King County and everywhere else in Washington: possession remains a gross misdemeanor under RCW 69.50.4013.

Federal psilocybin law

Psilocybin and psilocyn are federal Schedule I hallucinogens (21 CFR 1308.11(d)(29)-(30)), and federal simple possession of a controlled substance is a misdemeanor punishable by up to 1 year in prison and a minimum $1,000 fine for a first offense (21 U.S.C. 844(a)). As of October 2026, no federal notice or rule moving psilocybin out of Schedule I appears in the Federal Register, and no psilocybin drug product is FDA-approved. The FDA's national priority vouchers and Breakthrough Therapy designations for psilocybin programs are, in the FDA's words, not a determination of safety or effectiveness. Federal law still lists psilocybin in Schedule I regardless of local enforcement measures. Our psilocybin mushroom laws by state hub covers the federal layer in more detail.

Driving and criminal records

Washington's DUI statute, RCW 46.61.502(1)(c), prohibits driving "while the person is under the influence of or affected by intoxicating liquor, cannabis, or any drug"; see our guide to Washington DUI laws. A psilocybin conviction creates a criminal record, and whether it can later be vacated is covered in our guide to Washington expungement laws.

Related

• Psilocybin mushroom laws by state
• Washington DUI laws
• Washington expungement laws
• Washington kratom laws

This article provides general legal information about Washington state law as of October 11, 2026. It is not legal advice. Local enforcement measures do not change state or federal law. For advice about a specific situation, contact a lawyer licensed in Washington.

Last updated: 2026-10-11.

Frequently Asked Questions

Are magic mushrooms legal in Washington State?

No. Psilocybin and psilocyn are Schedule I controlled substances under RCW 69.50.204, and knowingly possessing them is a gross misdemeanor under RCW 69.50.4013.

What is the penalty for possession of mushrooms in Washington?

Knowing possession is a gross misdemeanor punishable by up to 180 days in jail, a fine of up to $1,000, or both, or up to 364 days with two or more prior convictions under that subsection occurring after July 1, 2023 (RCW 69.50.4013). The statute encourages prosecutors to divert these cases.

Is growing or selling psilocybin mushrooms a felony in Washington?

Yes. Manufacturing, delivering or possessing with intent to deliver is a class C felony punishable by up to five years and a $10,000 fine (RCW 69.50.401(2)(c) and 9A.20.021), and the chapter defines production to include planting, cultivating, growing or harvesting. Selling for profit is a separate class C felony under RCW 69.50.410.

Has Washington decriminalized psilocybin?

No. No Washington statute decriminalizes psilocybin. King County's Motion 16962 asks for lowest enforcement priority for limited noncommercial possession by adults 21 and older, but it states that it does not alter state or federal law.

Does Washington have a psilocybin therapy program?

RCW 19.410.010 creates a University of Washington psilocybin therapy services pilot, funded in the 2025-27 state budget, that works only through FDA-approved pathways for people 21 or older, including first responders and veterans, with PTSD, mood disorders or substance use disorders. It does not legalize possession outside the program.

Did Washington pass a psilocybin bill in 2026?

No. Senate Bill 5921 was referred to the Senate Ways and Means Committee on February 4, 2026 and has no later recorded action, so it is not law.