Are magic mushrooms legal in Florida? What the statutes say

The short answer: no

Magic mushrooms are illegal in Florida. Psilocybin and psilocyn, their active compounds, are listed in Schedule I at Fla. Stat. 893.03(1)(c)33. and 34., and possessing any amount is a third-degree felony under 893.13(6)(a), punishable by up to 5 years in prison and a $5,000 fine.^1,2,3,4 Selling, buying or bringing psilocybin into the state is a felony too, and federal law lists both compounds in Schedule I as well.^2,10

Florida has no medical or adult-use psilocybin program. To see how that compares with the rest of the country, My Mushroom Dispensary, the online shop run by the team behind this site, keeps a table of psilocybin laws state by state. Ordering psilocybin by mail is illegal under federal law and in every state, Florida included.¹²

Where Florida's law lists psilocybin

Schedule I is Florida's most restrictive category, for substances the statute says have "a high potential for abuse" and "no currently accepted medical use in treatment in the United States."¹

Paragraph 893.03(1)(c) covers "any material, compound, mixture, or preparation that contains any quantity" of the hallucinogens it lists, including "33. Psilocybin." and "34. Psilocyn." (the statute's spelling of psilocin).¹ Because of the words "any quantity," the statute sets no minimum amount.

The schedules never mention mushrooms. They name some plants, such as peyote, but list psilocybin and psilocyn only as chemicals, which matters for the wild-mushroom case below. A separate entry for "Substituted Tryptamines" (item 194) reaches synthetic relatives of psilocin such as 4-AcO-DMT.¹

Is possession of psilocybin a felony in Florida?

Yes, for any amount. Section 893.13(6)(a) says a person "may not be in actual or constructive possession of a controlled substance" unless it was lawfully obtained from a practitioner or by valid prescription, and that a violator "commits a felony of the third degree."²

There's no misdemeanor tier for psilocybin. The only small-amount misdemeanor in that subsection is for cannabis.² A third-degree felony carries up to 5 years in prison and a fine of up to $5,000.^3,4 Those are maximums, not typical sentences; the penalties guide explains how Florida's points system decides between prison and other sentences.

Selling, buying and bringing it into Florida

Selling, manufacturing or delivering psilocybin, or possessing it with intent to do any of those, is a third-degree felony under 893.13(1)(a)2. Buying it, or possessing it with intent to buy, is a third-degree felony under 893.13(2)(a)2., and bringing it into Florida is a third-degree felony under 893.13(5)(b).²

Two situations raise a sale or delivery charge to a second-degree felony, with up to 15 years and a $10,000 fine: selling or delivering within 1,000 feet of certain places (below), and an adult delivering psilocybin to someone under 18. In the second case the statute says the person "may not be placed on probation."^2,3,4

Is there a trafficking charge for psilocybin in Florida?

No. Florida's trafficking statute, 893.135, sets weight thresholds and mandatory minimum sentences for drugs including cannabis, cocaine, opioids, amphetamine and LSD, but neither psilocybin nor psilocyn appears in any of its paragraphs.⁵ In state court, large amounts are charged under 893.13 instead, for example as possession with intent to sell.²

Some legal-information pages say making or trafficking psilocybin mushrooms is a second-degree felony with up to 15 years. It isn't: the base charge is third-degree, and under 893.13 second-degree applies inside the 1,000-foot zones or when an adult delivers to a minor.²

The 1,000-foot zones

Selling, manufacturing or delivering psilocybin, or possessing it with intent to sell, becomes a second-degree felony within 1,000 feet of a child care facility or an elementary, middle or high school between 6 a.m. and midnight, or at any time within 1,000 feet of a park, community center or publicly owned recreational facility.² The same increase applies near colleges, places of worship, convenience businesses, public housing and several kinds of treatment and care facilities. Simple possession isn't raised by these zones. The penalties guide lists each zone and its offense level.

Are psilocybin mushroom spores legal in Florida?

Federal law and Florida law treat spores differently. The DEA wrote in a January 2, 2024 letter that spores that "do not contain psilocybin or psilocin" are "not controlled under the CSA," but that "if at any time the material contains a controlled substance such as psilocybin or psilocin," it is a controlled substance.⁶

Since July 1, 2025, Fla. Stat. 500.75 has made it "unlawful to transport or offer to transport, import into this state, sell or 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 psilocyn, during its life cycle."⁷ It's a first-degree misdemeanor, with up to 1 year in jail and a fine of up to $1,000.^3,4 The section was created by the Legislature's 2025 agriculture bill, SB 700 (ch. 2025-22), which the Governor approved on May 15, 2025.¹⁵

Two corrections to common claims. The statute doesn't list possession among the banned acts, although some news coverage, such as a FOX 13 report on May 20, 2025, said it did.⁷ And that gap isn't permission: anything that contains psilocybin or psilocyn is a Schedule I substance under 893.03, and 893.13 makes it a third-degree felony to "manufacture" one.^1,2

Wild mushrooms and Fiske v. State

In Fiske v. State, decided December 21, 1978, the Florida Supreme Court voted 4 to 3 to reverse a Collier County conviction for possessing psilocybin found in a bag of wild mushrooms.⁸ The court held that the statute "does not advise a person of ordinary and common intelligence that this substance is contained in a particular variety of mushroom," so it "may not be applied constitutionally" to that defendant.⁸

The ruling is often described as making wild mushrooms legal. It didn't. The court said "There is no vagueness problem with the statute on its face," noted that the statute can be applied to psilocybin "In capsule, pill or similar form," and stressed that the defendant's statement to officers was "ambiguous."⁸ Florida's 2026 schedules still don't mention mushrooms, and we found no court opinion saying whether Fiske would protect anyone today.¹ Read wild mushrooms and the Fiske case.

Amanita, "legal" gummies and chocolate bars

A product's legal status depends on what's in it, not on its label. Anything containing psilocybin or psilocyn falls under 893.03(1)(c), whether it's dried mushrooms, a gummy or a chocolate bar, and the synthetic 4-AcO-DMT is Schedule I under the substituted tryptamines entry.¹ A "legal" label decides nothing.

Amanita muscaria and its compounds muscimol and ibotenic acid aren't on Florida's drug schedules or the federal Schedule I list.^1,10 That doesn't make Amanita gummies a legal food. On December 18, 2024, the FDA said Amanita muscaria and its constituents aren't authorized as ingredients in conventional food, adding: "We also recommend that people avoid eating foods with these ingredients."¹¹ Read gummies and chocolate bars in Florida.

Is psilocybin legal under federal law?

No. The DEA's Schedule I list in the Code of Federal Regulations names psilocybin and psilocyn among hallucinogenic substances, under drug codes 7437 and 7438.¹⁰ Federal law applies in Florida whatever the state does, and it's why ordering by mail is illegal everywhere: the Postal Service says mailing a controlled substance is unlawful under 18 U.S.C. 1716 unless both the mailer and the addressee are DEA-registered or otherwise exempt.¹² The penalties guide covers federal charges.

What "decriminalized" means, and why Florida isn't

Psilocybin law in the US falls into three groups. Legal and regulated: a state licenses supervised use, as Oregon and Colorado do for adults 21 and older.^13,14 Decriminalized or deprioritized: a state or city has reduced criminal penalties for personal possession or made enforcement a low priority, without creating legal sales, and the drug stays illegal under federal law. Illegal: Florida, which hasn't decriminalized psilocybin at the state level. No Florida city or county has adopted a decriminalization or deprioritization measure that we could find, and none of the active citizen initiatives for Florida's 2028 ballot concerns psilocybin.⁹ Possession of any amount is still a felony under 893.13(6)(a), and bringing psilocybin in from a state that allows it is a separate felony under 893.13(5)(b).²

Is Florida about to legalize psilocybin?

Nothing on the legislative record points that way. Only three Florida bills in the 2019 to 2026 sessions proposed psilocybin therapy or a state study of it: HB 549 in 2021, which would have created a licensed psilocybin services program, and the twin 2022 bills HB 193 and SB 348, which would have ordered a state study of MDMA, psilocybin and ketamine. All three died in their first committee without a hearing.¹⁵ Two bills some pages cite as psychedelic therapy measures are nothing of the kind: HB 1113 (2024) is about emergency-vehicle lights and sirens, and SB 504 (2025) was a transportation construction bill that died. As of November 2, 2026, no bill filed for the 2027 session mentioned psilocybin.¹⁵

Even if federal law reschedules psilocybin after an FDA approval, it stays in Florida's Schedule I until the Legislature acts or the Attorney General moves it by rule, giving "great weight" to the federal change (893.0355).¹ The bill tracker follows every Florida psilocybin bill.

Florida vs Oregon and Colorado

Oregon's health authority says clients "do not need to live in Oregon to access psilocybin services" and need no prescription.¹³ For travel and what a session involves, see legal options near Miami.