Psilocybin law in every state
Psilocybin law · WA
Is psilocybin legal in Washington?
Research onlySchedule I federally
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.
The state funds or permits research or trials; use outside them is illegal. Last checked 26 Oct 2026. Pending bills are re-checked weekly against the legislature; last change recorded 26 Oct 2026. Not legal advice.
Current status
- 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). (Washington State Legislature, current page)
- 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. (Washington State Legislature, 2023)
- 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. (Washington State Legislature, current page; Washington State Legislature, 2023)
- 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. (Metropolitan King County Council, 24 Mar 2026)
Decriminalized cities and counties
- 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) (Seattle City Council, 4 Oct 2021)
- 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 (Filter, Jan 2022)
- 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 (Peninsula Daily News, 2 May 2023)
- Olympia, 2024: City council resolution, passed unanimously 13 August 2024, making entheogen activities a low law enforcement priority and barring city funds for enforcement (Filter (republished from Marijuana Moment), 15 Aug 2024)
- Tacoma, 2025: City council resolution, passed unanimously 28 January 2025, making entheogen-related activities among the city's lowest law enforcement priorities (Northwest Public Broadcasting, 30 Jan 2025; Mugglehead, 6 Feb 2025)
- 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 (Metropolitan King County Council, 24 Mar 2026; Hoodline, Mar 2026)
A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.
Bills
| Bill | What it would do | Status |
|---|---|---|
| SB 52012025-2026 | Concerning access to psychedelic substancesWould have legalized supervised adult use of psilocybin under a two-track Department of Health and Liquor and Cannabis Board framework. | 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 (Washington State Legislature, current page) |
| HB 14332025-2026 | Concerning access to psychedelic substancesHouse companion to SB 5201 legalizing supervised adult psilocybin use. | Public hearing 5 February 2025; retained in House Health Care and Wellness Committee 12 January 2026, then died when the 2025-2026 biennium ended (Washington State Legislature, current page) |
| SB 59212025-2026 | Concerning psilocybinWashington Medical Psilocybin Act: would let licensed clinicians administer psilocybin to qualifying patients 18 and older in medical settings. | Passed Senate Health and Long-Term Care 3 February 2026; referred to Ways and Means 4 February 2026 and died there (Washington State Legislature, current page) |
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). (Washington State Legislature, current page)
- With two or more prior possession convictions after 1 July 2023, the maximum jail term rises to 364 days (RCW 69.50.4013). (Washington State Legislature, current page)
Federal law applies in Washington too
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
Questions and answers
- Is psilocybin legal in Washington?
- 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.
- Has any city in Washington decriminalized psilocybin?
- 6 local measures: Seattle (2021), Port Townsend (2021), Jefferson County (2023), Olympia (2024), Tacoma (2025), King County (2026). Local measures set enforcement priorities; they do not change state or federal law.
- Are there psilocybin bills in Washington?
- None is pending. Recent bills: SB 5201, 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; HB 1433, Public hearing 5 February 2025; retained in House Health Care and Wellness Committee 12 January 2026, then died when the 2025-2026 biennium ended; SB 5921, Passed Senate Health and Long-Term Care 3 February 2026; referred to Ways and Means 4 February 2026 and died there.
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