Emma Wilson
The legality of mushrooms in Florida is a complex issue. While psilocybin, the hallucinogenic compound found in traditional magic mushrooms, is illegal in the state and classified as a Schedule 1 controlled substance, there are grey areas and legal workarounds. For instance, a 1978 case, Fiske v. State, established that criminal intent must be present to commit a crime, and it may be challenging to prove that an individual knowingly possessed psilocybin-containing mushrooms. Additionally, retailers are now offering psilocybin-free mushroom products, which are legal but may still contain other psychoactive compounds. The state has also seen the emergence of magic mushroom products in smoke shops, blurring the legal lines further.
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What You'll Learn
- Psilocybin is a Schedule I drug in Florida, meaning it has no accepted medical use
- Possession of psilocybin mushrooms is treated the same as possession of heroin or MDMA
- Florida has some of the harshest penalties for psilocybin-related offences in the US
- Cultivating psilocybin mushrooms, even for personal use, is illegal in Florida
- While spores are legal, Florida is cracking down on them, and they may soon be illegal
Psilocybin is a Schedule I drug in Florida, meaning it has no accepted medical use
Psilocybin, the psychedelic agent found in magic mushrooms, is illegal in the state of Florida. It is considered a Schedule I substance under Section 893.03 of Florida's state statutes, which means it has a high potential for abuse and serves no legitimate medical purpose. Possession of psilocybin mushrooms is a felony in Florida, and those convicted can face years in prison and hefty fines.
While the federal Controlled Substances Act classifies mushrooms as Schedule I controlled substances, making them illegal for medical or recreational use, the law in Florida is a bit more complex. A special type of mushroom known as P. tampanenis, or the "philosopher's stone," falls into a grey area under state law. Additionally, a precedent was set in 1978 in the case of Fiske v. State, where the Florida Supreme Court ruled that picking wild mushrooms containing psilocybin is not necessarily illegal, as there needs to be criminal intent to commit a crime.
Despite the complex legal landscape, Florida has taken steps to further restrict the use of psilocybin. In 2022, a hemp dispensary in Florida began selling psychedelic mushrooms, testing legal boundaries. The owner, Carlos Hermida, refers to his mushrooms without calling them "magic" and imports them from Lithuania, cooking and treating them to reduce their toxicity. However, he has also acknowledged the potential for legislative pushback and is prepared to stop selling and start advocating for legalization if necessary.
More recently, Florida Governor Ron DeSantis has signed legislation as part of the "Florida Farm Bill" that specifically targets psychedelic mushroom spores, making it illegal to possess or distribute them. This move has disappointed those who believe in the therapeutic potential of psychedelic mushrooms for treating conditions like treatment-resistant depression. Nevertheless, advocates like Hermida continue to push for increased accessibility to psychedelics, citing their potential benefits for mental health.
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Possession of psilocybin mushrooms is treated the same as possession of heroin or MDMA
In Florida, psilocybin, the psychedelic agent found in magic mushrooms, is considered a Schedule I substance under Section 893.03 of Florida's state statutes. This means that possession of psilocybin mushrooms is illegal and is treated as a felony, with penalties including up to 30 years in prison and/or a fine of up to $10,000. The severity of drug possession charges depends on the type of drug, the quantity possessed, and the intent to distribute.
While the federal Controlled Substances Act prohibits the use of mushrooms for medical or recreational purposes, there are grey areas in Florida's state laws regarding psychedelic mushrooms. For example, a special type of mushroom called P. tampanenis, or the "philosopher's stone," is native to Florida and falls into a legal grey area. Additionally, the Florida Supreme Court case of Fiske v. State set a precedent that picking wild mushrooms containing psilocybin may not be considered illegal, as there needs to be criminal intent to commit a crime.
Despite these grey areas, possession of psilocybin mushrooms in Florida is generally treated as a serious offense, similar to the possession of other Schedule I drugs such as heroin or LSD. The state considers psilocybin to have a high potential for abuse and no accepted medical use, despite growing advocacy for its therapeutic benefits in treating mental health conditions.
In recent years, there have been efforts to push the legal boundaries regarding psychedelic mushrooms in Florida. For example, a hemp dispensary in Tampa, Chillum, has started selling Amanita muscaria mushrooms, which do not contain psilocybin and are thus legal under federal law. Additionally, advocates like Carlos Hermida, the owner of Chillum, have been pushing for greater accessibility to psychedelics, citing their potential therapeutic benefits. However, these actions have also prompted concerns from those worried about the potential negative consequences, especially among children and adolescents.
In summary, while there are some grey areas in Florida's laws regarding specific types of mushrooms and the picking of wild mushrooms, the possession of psilocybin mushrooms is generally illegal and treated as a serious felony. The state considers psilocybin a highly dangerous and illegal substance, and possessing it can lead to severe penalties, similar to those for heroin or MDMA possession.
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Florida has some of the harshest penalties for psilocybin-related offences in the US
In Florida, psilocybin is considered a Schedule 1 substance under Section 893.03 of Florida's state statutes. Possession of psilocybin mushrooms is a felony, with penalties of up to 30 years in prison and/or a fine of up to $10,000. These penalties are among the harshest in the United States for psilocybin-related offences.
The law specifically states that "any material, compound, mixture, or preparation that contains the hallucinogenic substance known as Psilocybin has a high potential for abuse and is not currently accepted as medical treatment in the United States". This means that any substance containing psilocybin, including mushrooms, is illegal to possess, sell, or distribute in Florida.
The severity of drug possession charges in Florida depends on the type of drug, its packaging, and the quantity possessed. In the case of psilocybin mushrooms, even a small quantity can result in felony charges. Additionally, under Florida law, the intent to sell or distribute illegal substances can result in more serious charges.
While there have been efforts to legalise and advocate for the therapeutic use of psilocybin mushrooms, such as the case of Richard Fiske in 1978, the state of Florida has maintained strict laws and penalties regarding psilocybin-related offences.
It is worth noting that there are some grey areas in the law. For example, the possession of wild psilocybin mushrooms may not be considered illegal if there is no evidence of criminal intent, as in the Fiske v. State case. Additionally, a specific type of mushroom called P. tampanenis, or the "philosopher's stone", grown in Florida, occupies a legal grey area. However, despite these grey areas, Florida has some of the harshest penalties for psilocybin-related offences in the US.
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Cultivating psilocybin mushrooms, even for personal use, is illegal in Florida
As of 2025, psilocybin mushrooms, often referred to as "magic mushrooms" or "shrooms", remain illegal in Florida. Psilocybin, the active hallucinogenic ingredient in these mushrooms, is classified as a Schedule I controlled substance under both state and federal law. This means that possession, sale, or cultivation of psilocybin mushrooms is considered a felony in the state, carrying severe legal penalties.
Under Florida law, psilocybin is considered to have no accepted medical use and a high potential for abuse. Possession of psilocybin mushrooms is treated similarly to possession of heroin or MDMA, and penalties can include hefty fines, probation, and even prison time. Even small amounts can lead to felony charges, and cultivating psilocybin mushrooms, even for personal use, is illegal in Florida.
While there has been considerable medical research conducted on the therapeutic potential of psilocybin mushrooms for various mental health conditions, Florida has not adopted harm reduction or psychedelic reform policies. The state imposes some of the harshest penalties in the US for psilocybin-related offenses, and there is currently no legal path to therapeutic or research use within the state.
It is important to note that the legality of mushroom spores, which do not contain the psychoactive compound psilocybin, has been a grey area in Florida. While spores were previously legal to possess, buy, and distribute, recent developments in Florida's legislation have resulted in a crackdown on spores. A new farm bill, which comes into effect on July 1, 2025, makes it illegal to sell or possess certain mushroom spores, specifically targeting those used to cultivate psychedelic mushrooms.
The sale and possession of spores may result in a first-degree misdemeanor, carrying potential jail time and fines. This change in legislation reflects an increasing trend towards restricting the availability and use of psilocybin mushrooms in Florida, with law enforcement also considering intent to cultivate as grounds for prosecution.
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While spores are legal, Florida is cracking down on them, and they may soon be illegal
While the possession and sale of psychedelic mushrooms is illegal in Florida, spores do not naturally contain psilocybin or psilocin, the controlled substances that give mushrooms their hallucinogenic properties. Because of this, mushroom spores have been legal in the state. However, Florida lawmakers have recently approved legislation that would outlaw the distribution of psychedelic mushroom spores.
The legislation, which is part of a wide-ranging agriculture bill, would make it illegal to "transport, import, sell, offer for sale, furnish, or give away spores or mycelium capable of producing mushrooms or other material which will contain a controlled substance, including psilocybin or psilocin, during its lifecycle." This means that even if spores themselves do not contain any psilocybin or psilocin, they would be illegal if they could produce these substances at any point in their development.
The bill, known as HB 651, was sponsored by Rep. Kaylee Tuck (R) and approved by the Florida House and Senate panel in March 2025. It is nearly 150 pages long and includes a variety of adjustments to the state's agricultural laws, such as those around agricultural lands, utilities, and wildlife management. The bill was then signed into law by Governor Ron DeSantis in May 2025.
The new law has sparked debate, with some arguing that it is an attack on products with medicinal value and a suppression of the potential mental health benefits of psychedelics. Others, like Ellen Snelling of the Hillsborough County Anti-Drug Alliance, support the ban, stating that since spores are used to grow psilocybin, which is illegal, they should also be banned. Under the new law, violating the proposed law would be a first-degree misdemeanor, carrying a maximum of one year in jail and a $1,000 fine.
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Frequently asked questions
Yes, psychedelic mushrooms are illegal in Florida. Psilocybin, the psychedelic agent found in magic mushrooms, is considered a Schedule 1 substance under Florida's state statutes. Possession of more than 10 grams is a first-degree felony, punishable by up to 30 years in jail and/or a fine of up to $10,000.
There is a grey area in the law regarding wild psilocybin mushrooms. In the case of Fiske v. State, the Florida Supreme Court ruled that picking wild mushrooms containing psilocybin may not be considered illegal as criminal intent must be proven. Additionally, a specific type of mushroom called P. tampanenis, or the "philosopher's stone," may fall into a legal grey area, but possessing it likely constitutes a felony.
While there are reports of mushroom dispensaries operating in Florida, these are testing legal boundaries. The legality of these dispensaries is dependent on the specific type of mushrooms being sold and the rationale for their use. For example, some dispensaries may sell Amanita muscaria mushrooms, which do not contain psilocybin and are therefore legal by federal law. However, the sale and possession of mushrooms containing psilocybin remain illegal in Florida.
