Are Psilocybin Mushrooms Legal in Washington?

At-a-Glance Status

• Statewide status: Illegal (Schedule I — RCW 69.50.204(c)).
• Possession (knowing): gross misdemeanor — RCW 69.50.4013 (up to 180 days / $1,000; up to 364 days with two prior convictions). Diversion encouraged.
• Growing / selling / sharing: class C felony — RCW 69.50.401(2)(c) (up to 5 years / $10,000).
• Spores: no spore statute; germinating them is felony manufacture.
• Local enforcement: 6 local governments deprioritized (not legal).
• Church support: Supported state — religious path via RFRA.

What Washington Law Actually Says

Psilocybin and psilocyn (the statute's spelling) are Schedule I controlled substances in Washington (RCW 69.50.204(c)(28) and (29)). Because the schedule covers "any material… which contains any quantity" of them, whole mushrooms, powder, capsules, tea, and chocolate are all treated as the controlled substance itself. Washington has no weight tiers for psilocybin.

Knowing possession is a gross misdemeanor under RCW 69.50.4013 — up to 180 days in jail and/or a $1,000 fine, rising to 364 days if you have two prior possession convictions since July 2023. Knowingly using a controlled substance in a public place is a separate gross misdemeanor at the same level. The statute itself says prosecutors are "encouraged to divert such cases for assessment, treatment, or other services," and police are encouraged to offer referral instead of arrest.

Manufacturing, delivering, or possessing with intent to deliver — which is how growing mushrooms, and even giving them away, is charged — is a class C felony under RCW 69.50.401(2)(c): up to 5 years and/or $10,000. Washington defines "manufacture" to include "planting, cultivating, growing, or harvesting," and "deliver" as any transfer "whether or not there is an agency relationship," so no money has to change hands. Psilocybin is also Schedule I under federal law.

Why Is Possession Only a Misdemeanor in Washington?

Because of State v. Blake. On February 25, 2021, the Washington Supreme Court struck down the state's old possession law — a strict-liability felony that needed no proof you knew you had the drug, the only one of its kind in the country — as a violation of due process. For a few months simple possession of any drug was not a crime in Washington. The Legislature responded with a stopgap misdemeanor in 2021 and then, in a one-day special session in May 2023, with SB 5536, which made knowing possession a gross misdemeanor effective July 1, 2023 and pointed the system toward diversion. That is the law today.

What's Restricted

• Knowingly possessing psilocybin mushrooms — gross misdemeanor (RCW 69.50.4013).
• Using psilocybin in a public place — gross misdemeanor (RCW 69.50.4013).
• Growing mushrooms — charged as manufacturing, class C felony (RCW 69.50.401).
• Selling, sharing, or delivering psilocybin — class C felony (RCW 69.50.401).

All of it is criminal under state law. Local deprioritization does not change the statute.

The Washington Cities and Counties That Lowered Enforcement

Six Washington local governments have passed resolutions or motions making psilocybin and other natural entheogens among the lowest law-enforcement priorities — deprioritization, not legalization:

• Seattle — October 2021, Resolution 32021 (unanimous)
• Port Townsend — December 2021, Resolution 21-088 (6–0)
• Jefferson County — May 2023 (3–0)
• Olympia — August 2024, Resolution M-2549 (unanimous)
• Tacoma — January 2025, Resolution 41609 (unanimous)
• King County — March 2026, Motion 16962 (6–2)

These measures guide local police discretion only. King County's motion says so in its own text: it applies to the Sheriff in unincorporated areas and to the Prosecuting Attorney's charging priorities, and it "does not… confer any legal right, defense, or immunity." Tacoma's resolution expressly excludes sales, parks and schools, and impaired driving. Campaigns in Spokane, Bellingham, and San Juan County have not produced a vote.

Are Mushrooms Legal in Seattle, Tacoma, Spokane, or Vancouver?

• Seattle: No. Resolution 32021 tells Seattle police that entheogen cases are a low priority; it does not bind King County prosecutors or state or federal officers.
• Tacoma: No. Enforcement is deprioritized locally; possession is still a gross misdemeanor and growing a felony under state law.
• Spokane: No. Spokane has passed nothing; a local campaign has been pending since late 2023.
• Vancouver: No. No local measure of any kind; state law applies in full.

The #Decrim Movement

The #decrim movement, which started in California, is how ordinary people are working to change laws governing natural psychedelics, city by city and state by state — through education, local organizing, public meetings, and legislation. The #decrim movement includes the work to legalize psilocybin. Decriminalization is not legalization; every proposal has its own scope and limits.

Follow #decrim and #DecriminalizeNature to find campaigns, proposed legislation, public meetings, and organizations near you. Read the proposal, learn what it would — and would not — change, and show up where the work is happening. Social media can lead you to the movement, but always verify current law through official government sources.

The Spore Rule: What the Statute Actually Says

Unlike California, Idaho, or Georgia, Washington has no statute that specifically bans psilocybin spores. The words "spore" and "mycelium" appear nowhere in the controlled-substances chapter. The Schedule I list names psilocybin and psilocyn — the psychoactive compounds — which dormant spores don't contain. So spores sit in a legal gray zone.

But the moment spores are germinated and mycelium starts producing psilocybin, the material is a Schedule I controlled substance and the grower is manufacturing it — a class C felony under RCW 69.50.401. Spores found with grow supplies support an inference of intent, and using equipment "to plant, propagate, cultivate, grow, [or] harvest" a controlled substance is its own misdemeanor under RCW 69.50.412. Treat spores as unscheduled, not as safe.

Washington Psilocybin Law in 2026: What Changed—and What Did Not

Washington has not legalized or decriminalized psilocybin, but it has come closer than most states. Sen. Jesse Salomon's SB 5660 (2022), an Oregon-style services bill, died in committee. His SB 5263 (2023) was stripped of legalization before passing; what became law created a Psilocybin Task Force at the Health Care Authority (report delivered December 2023) and a University of Washington clinical pilot offering psilocybin therapy to veterans and first responders under FDA rules. That study ran and closed to new participants in June 2026. Veterans-access bills in 2024 (SB 5977 / HB 2281) and a full regulated-program bill in 2025 (SB 5201 / HB 1433) never left committee.

The 2026 session brought the furthest advance yet. SB 5921, the "Washington Medical Psilocybin Act," would have let adults 18 and older with a clinician-determined qualifying condition receive psilocybin through licensed producers and participating clinicians, starting in 2028. It passed the Senate Health & Long-Term Care Committee on February 3, 2026, then died at the fiscal-committee cutoff the following week. Its sponsor has said he will propose an advisory group in 2027 as a next step. A citizen initiative, I-2076, missed its 2024 signature deadline and no psychedelics measure has qualified for the November 2026 ballot. No new statute; psilocybin remains fully illegal statewide.

Looking beyond Washington?

Religious Use: What the Law Does — and Does Not — Protect

Washington's controlled-substance law makes no exception for religious use — but federal law offers a narrower principle. The Religious Freedom Restoration Act (RFRA) can protect the sincere religious use of a sacrament even where a substance is otherwise illegal. It is a defense, decided case by case — not immunity, and not legalization.

Washington has no state Religious Freedom Restoration Act, but its constitution promises "absolute freedom of conscience in all matters of religious sentiment, belief and worship" (Article I, § 11), and the state Supreme Court has read that clause more broadly than the First Amendment (First Covenant Church v. Seattle, 1992). No Washington court has applied it to psilocybin, and the same clause lets the state act against practices "inconsistent with the peace and safety of the state." It is a framework for a defense — not a promise.

The Church states this honestly: sincere sacramental practice may be protected; it never promises you cannot be prosecuted under state or federal law.

How TCOP Supports Members in Washington

The Church of Psychedelics can support a person's spiritual development without pretending that membership changes Washington law.

TCOP members can participate in Ayüna (the religion), The Golden Path (the spiritual belief system), and teachings, prayer, preparation, integration, services, and community gatherings. These practices help people expand their self-awareness, deepen their relationship with Source Consciousness, and bring greater intention and responsibility into everyday life.

The sacrament of psilocybin is part of that religious life, but it is not the whole religion. Preparation helps a person understand why they are developing a relationship with the medicine. Integration helps them carry what they learn into their relationships, choices, healing, and spiritual development.

We will not tell a Washington member that joining the Church automatically makes possession or use legal. Trust begins with telling the truth about both the spiritual path and the law.

Store-Shelf "Mushroom" Products: Read the Label, Then Question It

Washington does not have a legal retail market for psilocybin gummies or chocolate. A package labeled "mushroom," "microdose," or "psychedelic" is not proof that it contains psilocybin — or that the label accurately describes what is inside.

Some products contain Amanita compounds such as muscimol. Others may contain synthetic or undisclosed substances. In the nationwide Diamond Shruumz investigation, CDC reported 180 illnesses, 73 hospitalizations, and two associated deaths. Testing found several substances across different products, including psilocin, O-acetylpsilocin, muscimol, kavalactones, and the prescription drug pregabalin.

The practical lesson is simple: a product being sold openly does not make it regulated, accurately labeled, or safe.

The Bottom Line

Washington has changed how it handles drug possession, but it has not legalized psilocybin for general use. Local enforcement policies and research initiatives are different from public access.

Sincere use of the sacrament of psilocybin may qualify for federal RFRA protection, with Washington law considered separately. The Church of Psychedelics supports members through preparation, spiritual practice, integration, and community. Membership alone does not establish legal protection. The medicine deserves reverence. The law deserves precision.

Frequently Asked Questions

Sources

This guide cites primary sources, including state statutes, court decisions, and official policy records. Laws can change; this information is educational and is not legal advice.

1. RCW 69.50.204 — Schedule I (psilocybin (c)(28), psilocyn (c)(29)) · Washington State Legislature
2. RCW 69.50.4013 — knowing possession and public use; gross misdemeanor · Washington State Legislature
3. RCW 69.50.401 — manufacture, delivery, possession with intent; (2)(c) class C felony · Washington State Legislature
4. RCW 69.50.101 — definitions ("manufacture" includes cultivating and growing; "deliver") · Washington State Legislature
5. RCW 69.50.412 — drug paraphernalia used to cultivate a controlled substance · Washington State Legislature
6. RCW 9A.20.021 — maximum sentences (class C felony: 5 years / $10,000) · Washington State Legislature
7. State v. Blake, No. 96873-0 (Wash. Feb. 25, 2021) · Washington Courts
8. 2E2SSB 5536 (2023) — Blake fix; current possession penalty, eff. July 1, 2023 · Washington State Legislature
9. 2SSB 5263 (2023), Ch. 364 — Psilocybin Task Force + UW pilot (partial veto) · Washington State Legislature
10. SB 5921 (2026) — psilocybin proposal; official history · Washington State Legislature
11. SB 5201 (2025–26) — regulated psilocybin program (in committee) · Washington State Legislature
12. Seattle Resolution 32021 (Oct. 4, 2021) · City of Seattle
13. Tacoma Resolution 41609 (Jan. 28, 2025) · City of Tacoma
14. King County Motion 16962 (Mar. 24, 2026) — news release · King County Council
15. Olympia Resolution M-2549 (Aug. 13, 2024) · City of Olympia
16. Psilocybin Task Force final report (Dec. 1, 2023) · Washington State Health Care Authority
17. Psilocybin 101 — Oregon services are on-site only · Oregon Health Authority
18. 21 C.F.R. § 1308.11 — federal Schedule I · Legal Information Institute, Cornell Law School
19. Federal RFRA — 42 U.S.C. § 2000bb-1 · Legal Information Institute, Cornell Law School
20. Gonzales v. O Centro, 546 U.S. 418 (2006) — sacramental-use RFRA decision · Legal Information Institute, Cornell Law School
21. City of Boerne v. Flores, 521 U.S. 507 (1997) — federal RFRA and state governments · Legal Information Institute, Cornell Law School
22. DEA guidance on petitions for religious exemption from the Controlled Substances Act · U.S. Drug Enforcement Administration