Psychedelic mushrooms are not legal in Seattle, but they are decriminalized for personal adult use. A 2021 city resolution tells Seattle police to treat growing, possessing, or sharing psilocybin mushrooms among adults 21 and older as their lowest enforcement priority. The mushrooms themselves are still a controlled substance under Washington law and a Schedule I drug under federal law, so the question of whether mushrooms are legal in Seattle has a frustrating answer: city police will likely leave you alone for personal use, but you can still be arrested, prosecuted, fired, evicted, or barred from owning a firearm.
What Seattle’s Decriminalization Policy Actually Covers
In October 2021, the Seattle City Council unanimously passed Resolution 32021, directing the Seattle Police Department to make activities involving naturally occurring psychedelics the “lowest law enforcement priority.”1Seattle City Council Blog. City Council Affirms Support for Decriminalization of Entheogens It applies to adults 21 and older who grow, possess, or share these substances for personal, non-commercial purposes such as spiritual practice or personal growth.
The resolution covers:
- Psilocybin and psilocin (the active compounds in psychedelic mushrooms)
- Ayahuasca
- Ibogaine
- Mescaline from cacti other than peyote
The word “decriminalization” is doing heavy lifting here. The resolution is a policy directive, not a change to the criminal code. Nothing was legalized. No possession amount is safe by statute. Seattle police were simply instructed to deprioritize qualifying personal use.
What the Policy Does Not Cover
Several situations fall outside the resolution, and Seattle police retain full authority to act on them. Selling mushrooms is the biggest one. Possessing quantities large enough to suggest intent to distribute is not protected, and SPD has recovered mushrooms “packaged for distribution” during enforcement operations.2SPD Blotter. Monday – November 11, 2024
Other situations the policy does not shield:
- Providing mushrooms to anyone under 21. The resolution applies only to adults.1Seattle City Council Blog. City Council Affirms Support for Decriminalization of Entheogens
- Driving under the influence. Washington’s DUI statute covers driving while affected by “any drug,” and being entitled to use a substance is explicitly not a defense.3Washington State Legislature. Washington Code 46.61.502 – Driving Under the Influence
- Public disturbances. Using psychedelics in public in a way that disrupts others can still bring police intervention.
Other Agencies Can Still Arrest You in Seattle
Resolution 32021 binds exactly one agency: the Seattle Police Department. It has no authority over anyone else. A Washington State Patrol trooper, a King County Sheriff’s deputy, or a federal DEA agent can investigate and arrest someone for psilocybin possession anywhere inside Seattle city limits.1Seattle City Council Blog. City Council Affirms Support for Decriminalization of Entheogens The resolution is not a defense you can raise in court. If a state or federal officer decides to act, Seattle’s policy has nothing to say about the charges.
Washington State Penalties
Knowingly possessing psilocybin is a gross misdemeanor in Washington. The penalties are heavier than many people associate with that label:
- First or second offense: up to 180 days in jail, a fine of up to $1,000, or both.4Washington State Legislature. RCW 69.50.4013 – Possession, Use of Controlled Substance – Penalty
- Third or subsequent offense (after July 1, 2023): up to 364 days in jail, a fine of up to $1,000, or both.4Washington State Legislature. RCW 69.50.4013 – Possession, Use of Controlled Substance – Penalty
Manufacturing or delivering psilocybin is a felony, carrying a potential prison sentence of several years and substantial fines.5Washington State Legislature. RCW 69.50.401 – Prohibited Acts A – Penalties “Growing for personal use” can brush up against this line depending on quantities and circumstances, which is one reason the state-law risk never fully disappears.
Federal Penalties
Psilocybin is a Schedule I controlled substance under the federal Controlled Substances Act, classified with heroin and LSD.6Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances The federal government treats it as having high abuse potential and no accepted medical use.
- Simple possession, first offense: up to one year in prison and a fine of at least $1,000.7Office of the Law Revision Counsel. 21 USC 844 – Penalties for Simple Possession
- Manufacturing or distributing: up to 20 years in prison and a fine of up to $1,000,000 for individuals.8Office of the Law Revision Counsel. 21 USC 841 – Prohibited Acts A
Federal prosecution of personal-use amounts is uncommon but not hypothetical. The DEA operates throughout Washington and is not bound by any local resolution.
Consequences Beyond Criminal Charges
Jail and fines are not the only exposure. Because psilocybin is a Schedule I substance federally, using or possessing it can affect parts of your life that have nothing to do with the criminal courts.
Firearms
Federal law prohibits anyone who is an “unlawful user of or addicted to any controlled substance” from possessing a firearm or ammunition.9Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because psilocybin remains federally illegal, a regular mushroom user can be deemed an unlawful user and barred from owning guns. The violation is a federal felony carrying up to 10 years in prison.
Security Clearances
The Bond Amendment requires federal agency heads to deny or revoke security clearances for anyone who is an unlawful user of a controlled substance. In a 2024 Department of Energy case, an individual’s use of psilocybin raised concerns under both drug involvement and criminal conduct guidelines, and the administrative judge concluded the individual should not be granted access authorization.10U.S. Department of Energy. PSH-24-0163 If you hold a clearance or plan to apply for one, treat psilocybin use as disqualifying.
Federally Assisted Housing
Owners of federally assisted housing are required to deny admission to anyone currently using an illegal controlled substance under federal law, and existing tenants can be evicted on the same basis.11U.S. Department of Housing and Urban Development. Use of Marijuana in Multifamily Assisted Properties The HUD guidance addresses marijuana, but the statute applies to any controlled substance, so the same reasoning reaches psilocybin. Section 8 and other federally subsidized tenants gain no protection from Seattle’s policy.
Air Travel
TSA officers do not look for drugs, but when they find an illegal substance during screening they are required to refer the matter to law enforcement.12Transportation Security Administration. What Can I Bring? At Sea-Tac, the referral could go to Port of Seattle Police (a separate agency from SPD) or to federal officers. Seattle’s resolution does not reach either.
Employment
Washington does not currently protect employees from being fired or denied a job for off-duty psilocybin use. Employers in safety-sensitive industries routinely drug-test, and a positive result can end a job regardless of Seattle’s local policy. A bill introduced in the 2025-2026 session (SB 5201) would prohibit discrimination against workers who receive psilocybin services under a future regulated program, but it has not been enacted.
Where Washington Law Is Heading
Washington has moved toward a regulated psilocybin framework, but slowly. In 2023 the legislature passed SB 5263, the Psilocybin Services Wellness and Opportunity Act. Governor Inslee signed it but vetoed most of the sections that would have built a full regulatory system, leaving a task force, a University of Washington pilot therapy program, and a licensing protection for medical professionals who recommend psilocybin therapy.13Washington State Legislature. Second Substitute Senate Bill 5263
A newer bill, SB 5921, would create a Medical Use of Psilocybin Program under the Department of Health, but it would not take effect until July 1, 2028.14Washington State Legislature. SB 5921 Senate Bill Report Until a regulated program is operational and the state reclassifies psilocybin, possession outside a licensed medical setting remains a gross misdemeanor in Washington and a federal crime everywhere in the country.
The practical picture in Seattle today is a patchwork. City police will probably not pursue a small home grow for personal use. State troopers, federal agents, landlords, employers, and airport screeners play by different rules. Decriminalization removed one layer of risk. The others are still there.