Psilocybin law in Washington
Decriminalised or deprioritised Checked 26 October 2026
Psilocybin is illegal in Washington: it is a Schedule I controlled substance under RCW 69.50.204, possession is a gross misdemeanor, and the state's 2023 law (SB 5263) only set up a task force and a University of Washington therapy pilot, while several cities and King County have made it a lowest enforcement priority.
Psilocybin is still illegal, but state law reduces the penalty for personal possession, or one or more cities or counties have made it a lowest enforcement priority. Supplying it remains a crime. A summary of published sources, not legal advice.
Source status: Research only. Psilocybin remains a Schedule I drug under US federal law.
Scheduling
Psilocybin and psilocyn are listed as hallucinogenic substances in Schedule I of the Uniform Controlled Substances Act, RCW 69.50.204(c)(28) and (c)(29). [RCW 69.50.204, Schedule I, Washington State Legislature, read 26 October 2026]
What the law says
- SB 5263 (2023) required the Health Care Authority to convene a psilocybin task force reporting by 1 December 2023, and directed the University of Washington Department of Psychiatry and Behavioral Sciences to set up a psilocybin therapy pilot by 1 January 2025, subject to appropriation, for adults 21 and older including first responders and veterans with PTSD, mood disorders or substance use disorders. [Final Bill Report, 2SSB 5263, Washington State Legislature, 2023, read 26 October 2026]
- Governor Inslee partially vetoed SB 5263 on 9 May 2023, removing a proposed Psilocybin Advisory Board, an interagency work group and Department of Health psilocybin duties; it became 2023 Laws ch. 364, effective 23 July 2023. [SB 5263 (2023-24) bill summary, Washington State Legislature, read 26 October 2026] [Final Bill Report, 2SSB 5263, Washington State Legislature, 2023, read 26 October 2026]
- Local lowest-priority resolutions do not change state law; King County's 2026 motion states that nothing in it alters, supersedes or limits state or federal law. [King County Motion 16962 (signature report), Metropolitan King County Council, 2026-03-24, read 26 October 2026]
Local measures
Cities or counties that made psilocybin a low enforcement priority. Possession stays a state crime, and police outside these places are not bound.
- Seattle (2021): City council Resolution 32021 declaring investigation, arrest and prosecution of entheogen-related activities among the city's lowest law enforcement priorities (4 October 2021) [City Council Affirms Support for Decriminalization of Entheogens, Seattle City Council, 2021-10-04, read 26 October 2026]
- Port Townsend (2021): City council Resolution 21-088, passed unanimously 20 December 2021, making adult entheogen-related activity in nonpublic spaces among the city's lowest enforcement priorities [How Port Townsend, Washington, Decriminalized Psychedelics, Filter, 2022-01, read 26 October 2026]
- Jefferson County (2023): Board of County Commissioners resolution, passed unanimously 1 May 2023, asking that no county resources be spent enforcing laws on safe use, cultivation or possession of entheogens [Jefferson County de-prioritizes psychedelics, Peninsula Daily News, 2023-05-02, read 26 October 2026]
- Olympia (2024): City council resolution, passed unanimously 13 August 2024, making entheogen activities a low law enforcement priority and barring city funds for enforcement [Olympia, WA, Decriminalizes Psychedelic Plants and Fungi, Filter (republished from Marijuana Moment), 2024-08-15, read 26 October 2026]
- Tacoma (2025): City council resolution, passed unanimously 28 January 2025, making entheogen-related activities among the city's lowest law enforcement priorities [Tacoma City Council lowers enforcement priority for psilocybin, similar substances, Northwest Public Broadcasting, 2025-01-30, read 26 October 2026] [Tacoma joins Seattle in making psychedelics law enforcement among lowest priorities, Mugglehead, 2025-02-06, read 26 October 2026]
- King County (2026): County council Motion 16962, passed 24 March 2026 (6-2), requesting that investigation, arrest and prosecution of adults for certain personal entheogen activities be among the county's lowest criminal enforcement priorities [King County Motion 16962 (signature report), Metropolitan King County Council, 2026-03-24, read 26 October 2026] [King County Council tells cops to stand down on magic mushrooms, Hoodline, 2026-03, read 26 October 2026]
Penalties
- Knowingly possessing a controlled substance without a valid prescription is a gross misdemeanor punishable by up to 180 days in jail, a fine of up to $1,000, or both; prosecutors are encouraged to divert cases to assessment and treatment (RCW 69.50.4013). [RCW 69.50.4013, Possession of controlled substance, Washington State Legislature, read 26 October 2026]
- With two or more prior possession convictions after 1 July 2023, the maximum jail term rises to 364 days (RCW 69.50.4013). [RCW 69.50.4013, Possession of controlled substance, Washington State Legislature, read 26 October 2026]
Bills
SB 5201 2025-2026
Concerning access to psychedelic substances
Would have legalized supervised adult use of psilocybin under a two-track Department of Health and Liquor and Cannabis Board framework.
Status: Sent from Health and Long-Term Care without recommendation; no action in Labor and Commerce; reintroduced and retained in committee 12 January 2026, then died when the 2025-2026 biennium ended, 12 January 2026
HB 1433 2025-2026
Concerning access to psychedelic substances
House companion to SB 5201 legalizing supervised adult psilocybin use.
Status: Public hearing 5 February 2025; retained in House Health Care and Wellness Committee 12 January 2026, then died when the 2025-2026 biennium ended, 12 January 2026
SB 5921 2025-2026
Concerning psilocybin
Washington Medical Psilocybin Act: would let licensed clinicians administer psilocybin to qualifying patients 18 and older in medical settings.
Status: Passed Senate Health and Long-Term Care 3 February 2026; referred to Ways and Means 4 February 2026 and died there, 4 February 2026
Dated changes
- 4 February 2026: Washington Medical Psilocybin Act: would let licensed clinicians administer psilocybin to qualifying patients 18 and older in medical settings. Status: Passed Senate Health and Long-Term Care 3 February 2026; referred to Ways and Means 4 February 2026 and died there. Source
- 12 January 2026: Would have legalized supervised adult use of psilocybin under a two-track Department of Health and Liquor and Cannabis Board framework. Status: Sent from Health and Long-Term Care without recommendation; no action in Labor and Commerce; reintroduced and retained in committee 12 January 2026, then died when the 2025-2026 biennium ended. Source
- 12 January 2026: House companion to SB 5201 legalizing supervised adult psilocybin use. Status: Public hearing 5 February 2025; retained in House Health Care and Wellness Committee 12 January 2026, then died when the 2025-2026 biennium ended. Source
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