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Are magic mushrooms legal in Washington, D.C.?

Unclear

Still illegal, but police treat personal use as a lowest enforcement priority.

Initiative 81 (effective as D.C. Law 23-268 on 16 March 2021) directs the Metropolitan Police Department to treat noncommercial planting, cultivating, purchasing, transporting, distributing and possessing of entheogenic plants and fungi by adults 18 and over as among its lowest enforcement priorities. It does not legalise anything: psilocybin and psilocyn remain Schedule I under D.C. Code 48-902.04, and federal law applies throughout the District. The policy does not change enforcement of impaired-driving law or drug-free zones.

Last verified against primary sources:

What is and is not allowed

Possession
Still a misdemeanor under D.C. Code 48-904.01(d)(1), but MPD must treat noncommercial possession by adults 18 and over as among its lowest enforcement priorities.
Cultivation
Noncommercial planting and cultivating by adults 18 and over is covered by the same lowest-priority directive; it remains unlawful under D.C. and federal law.
Sale and supply
Only noncommercial distributing is deprioritised; commercial sale is outside Initiative 81 and remains a crime.
Penalties
D.C. Code 48-904.01(d)(1): simple possession is a misdemeanor punishable by up to 180 days and a fine set by D.C. Code 22-3571.01. Federal law also applies in D.C.: first-offense simple possession up to 1 year and a minimum $1,000 fine (21 U.S.C. 844(a)).

Governing law

Initiative 81, Entheogenic Plant and Fungus Policy Act of 2020 (D.C. Law 23-268, D.C. Code 48-921.51 to 48-921.52)

Check before you act. This page is a reference, not legal advice. Drug law changes, and local rules can differ from national ones. Contested, exempted in part, or unevenly enforced. Read the primary source below before relying on it.

Common questions

Are magic mushrooms legal in Washington, D.C.?

No. Initiative 81 made noncommercial activity with entheogenic fungi by adults one of the police's lowest priorities, but psilocybin is still Schedule I under D.C. and federal law.

Can I buy mushrooms from a shop in D.C.?

Initiative 81 only covers noncommercial activity. Commercial sale is not deprioritised and remains illegal.

Does Initiative 81 protect me from federal agents?

No. It binds the Metropolitan Police Department only; federal law, including 21 U.S.C. 844, still applies in the District.

Sources

  1. [1]D.C. Code 48-921.52, Entheogenic plant and fungus policy
  2. [2]D.C. Code 48-921.51 (policy declaration, D.C. Law 23-268)
  3. [3]D.C. Code 48-902.04 (Schedule I lists psilocybin and psilocyn)
  4. [4]D.C. Code 48-904.01 (possession penalty)
  5. [5]21 U.S.C. 844 (federal simple possession)

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