Is psilocybin legal in Washington?
Is psilocybin legal in Washington?
No. Psilocybin is illegal under Washington law. Some cities have told police to deprioritize enforcement, which is not legalization and does not protect you from arrest or federal charges.
As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA. A state program protects you under state law only.
- Status in Washington
- Local deprioritization only
- Federal status
- Schedule I
- Key law
- SB 5263 (2023) UW trial; SB 5201 and SB 5921 (dead)
- Nearest legal access
- Oregon
What the law says in Washington
Illegal statewide and possession is a gross misdemeanor. Six local governments including Seattle, Tacoma and King County have deprioritized enforcement, and a 2023 law funds a University of Washington psilocybin clinical trial. Two statewide access bills died in committee in 2025 and 2026.
Key law: SB 5263 (2023) UW trial; SB 5201 and SB 5921 (dead).
Penalties for possession
Gross misdemeanor (post-Blake, SB 5536).
Penalties turn on quantity, prior record and how the charge is written. Treat this as orientation, not advice — if you are facing a charge, speak to a lawyer licensed in Washington.
Local measures, and what each one actually does
These get listed together as though they were the same thing. They are not. A ballot ordinance is binding city law; a council resolution is a statement of priorities; a motion can simply record support for a practice already in place.
- Seattle (2021) — a council resolution, a statement of priorities rather than binding law. Declares investigation, arrest and prosecution among the city’s lowest priorities. Covers plant and fungal material only; peyote expressly excluded. [source]
- Port Townsend (2021) — a council resolution, a statement of priorities rather than binding law. Adults 18+ rather than 21+, and the final version limited protection to non-public spaces. Asks the Jefferson County Sheriff and Prosecutor to follow.
- Jefferson County (2023) — a council resolution, a statement of priorities rather than binding law. Commits no county resources and asks the Sheriff and Prosecutor to do the same. The board stated on the record that changing the law is beyond its authority.
- Olympia (2024) — a council resolution, a statement of priorities rather than binding law. Lowest law enforcement priority; no city funds. Carve-outs for driving and school property. Reported by some outlets as an ordinance; the city’s own record says resolution. [source]
- Tacoma (2025) — a council resolution, a statement of priorities rather than binding law. Directs the City Manager to declare entheogen activity the lowest enforcement priority — an internal administrative directive rather than a bare priority statement. [source]
- King County (2026) — a council motion, which records support rather than changing policy. Formalizes what the Sheriff and Prosecutor already did rather than changing it — the sponsor said it did not require substantive changes to current practices. Excludes synthetic and chemically modified derivatives. [source]
If you are looking for legal access
The nearest legal option to Washington is Oregon
Oregon runs a licensed supervised-access program with no residency requirement, so people do travel for sessions. Expect roughly $1,000–$3,500 out of pocket — no insurer covers it.
You cannot lawfully bring psilocybin back to Washington. Possession outside the licensed system is a crime in Oregon too, and carrying it across state lines is a federal offense.
Sources for this entry
Common questions
Psilocybin in Washington
- Is psilocybin legal in Washington?
- No. Psilocybin is illegal under Washington law. Some cities have told police to deprioritize enforcement, which is not legalization and does not protect you from arrest or federal charges. As of 30 August 2026, psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act. It has not been approved by the FDA and has not been rescheduled by the DEA.
- Which cities in Washington have decriminalized psilocybin?
- Seattle (2021), Port Townsend (2021), Jefferson County (2023), Olympia (2024), Tacoma (2025), King County (2026). Important distinction: these are deprioritization measures, not decriminalization. State law is unchanged, possession remains a criminal offense, prosecutors keep their discretion, and federal jurisdiction is untouched.
- What is the penalty for psilocybin possession in Washington?
- Gross misdemeanor (post-Blake, SB 5536). Penalties vary with quantity, prior record and the specific charge, and this is general information rather than legal advice. If you are facing a charge, speak to a lawyer licensed in Washington.
- Where is the nearest place to Washington that psilocybin is legal?
- Oregon. Neither Oregon nor Colorado has a residency requirement, so people do travel for supervised sessions. You cannot legally bring psilocybin home — possession outside the licensed system is a crime in both states, and transporting it across state lines is a federal offense.
- Does Washington law override federal law on psilocybin?
- No. Psilocybin remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal law applies in every state regardless of state programs. A state license protects you under state law only.
Compare
Other states with local deprioritization only
Same legal category, different detail. The differences matter.
- CaliforniaLocal only
- MaineLocal only
- MassachusettsLocal only
- MichiganLocal only
- MinnesotaLocal only
- District of ColumbiaLocal only
What people ask next
- When will psilocybin be available on prescription? — the pipeline, by clinical phase.
- How does it compare with ketamine and MDMA? — one of those is already approved.
- What can I actually do in the meantime? — what the evidence supports today.
This is not legal advice. Drug law changes quickly, applies differently depending on quantity and circumstance, and federal law applies everywhere regardless of state status. Entry last reviewed August 30, 2026.
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Psilocybin Research. (2026). Is psilocybin legal in Washington. Last reviewed August 30, 2026. https://psilocybinresearch.com/psilocybin-legal-in-washington