Psilocybin mushrooms are not legal in Seattle, but they have been decriminalized for adult personal use. In October 2021, the Seattle City Council passed Resolution 32021, directing Seattle police to treat growing, possessing, or sharing certain natural psychedelics by adults 21 and older as the “lowest law enforcement priority.”1Seattle City Council Blog. City Council Affirms Support for Decriminalization of Entheogens Psilocybin still remains a controlled substance under Washington law and a Schedule I drug under federal law, so possession can still bring criminal charges and other serious consequences.
Who and What Seattle’s Policy Covers
Resolution 32021 applies to adults 21 and older who grow, possess, or share naturally occurring psychedelics for personal, non-commercial reasons such as spiritual practice or personal growth.1Seattle City Council Blog. City Council Affirms Support for Decriminalization of Entheogens The listed substances are:
- Psilocybin and psilocin (the active compounds in psychedelic mushrooms)
- Ayahuasca
- Ibogaine
- Mescaline from cacti other than peyote
The word “decriminalization” is doing a lot of work here. The resolution is a policy directive to one agency, not a change to the criminal code. Nothing was legalized. No possession amount was carved out of the statute. Seattle police were simply told to look the other way for qualifying personal use.
What the Policy Does Not Protect
Several situations sit entirely outside the resolution. Selling mushrooms or products containing them remains an enforcement priority, and Seattle police recovered mushrooms “packaged for distribution” during a November 2024 DUI enforcement operation.2SPD Blotter. Monday – November 11, 2024 Quantities large enough to suggest intent to sell fall outside the protections as well.
Other activities still fully enforceable in Seattle:
- Providing mushrooms to anyone under 21. The resolution only applies 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 not a defense.3Washington State Legislature. Washington Code 46.61.502 – Driving Under the Influence
- Public disturbances involving psychedelic use.
The bigger blind spot is jurisdictional. Resolution 32021 binds only the Seattle Police Department. A Washington State Patrol trooper, a King County Sheriff’s deputy, or a federal DEA agent can investigate and arrest someone for possessing psilocybin anywhere inside 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 is irrelevant to the charges.
Washington State Penalties for Possession
Under Washington law, knowingly possessing a controlled substance like psilocybin is a gross misdemeanor. The penalties are steeper than the misdemeanor label suggests:
- 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 under Washington law, carrying a potential prison sentence of several years and substantial fines.5Washington State Legislature. RCW 69.50.401 – Prohibited Acts A – Penalties
Federal Penalties
Psilocybin is a Schedule I controlled substance under the federal Controlled Substances Act, in the same category as heroin and LSD.6Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances Federal penalties track that classification:
- 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 for personal amounts is rare, but the DEA operates throughout Washington and is not bound by any local resolution.
Consequences Beyond Criminal Charges
Because psilocybin is federally illegal regardless of Seattle’s policy, use can affect several parts of life that have nothing to do with a courtroom.
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 Someone who regularly uses mushrooms could be treated as an unlawful user and barred from owning guns. Violating that ban is a federal felony carrying up to 10 years in prison.
Security Clearances
The Bond Amendment requires federal agencies 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 psilocybin use 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 or plan to seek a clearance, treat psilocybin use as disqualifying.
Federally Assisted Housing
Owners of federally assisted housing must deny admission to anyone currently using an illegal controlled substance as defined by 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 Section 8 and other federally subsidized tenancies are not shielded by Seattle’s resolution.
Air Travel Through Sea-Tac
TSA officers do not specifically 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, that referral goes to the Port of Seattle Police (a separate agency from SPD) or to federal officers. Seattle’s resolution does not apply.
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 lead to termination even if the use was consistent with Seattle’s local policy. SB 5201, introduced in the 2025-2026 session, would prohibit employers from discriminating against workers who receive psilocybin services under a future regulated program, but that bill remains pending.
Where Washington Law Is Heading
Washington has moved slowly toward a regulated framework. 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 created a full regulatory system.13Washington State Legislature. Second Substitute Senate Bill 5263 A newer bill, SB 5921, would create a Medical Use of Psilocybin Program administered by 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 state law changes, possession outside a licensed medical context remains a gross misdemeanor in Washington and a federal crime everywhere in the United States.
The practical picture in Seattle today is a patchwork. City police will likely leave a small home grower alone. A state trooper, federal agent, landlord, employer, or airport screener each operates under a different rulebook, and Seattle’s resolution does nothing to change theirs.