November 3, 2026, published
Florida's November 3 statewide ballot has no psilocybin or drug measure
Florida's statewide ballot on Tuesday, November 3, 2026, carries three constitutional amendments, and none of them concerns psilocybin, marijuana or any other drug. All three were put there by the Legislature, and the state lists its three adult-use marijuana initiatives under the 2028 election.
From our sister shop, My Mushroom Dispensary. Adults 21+ only.
What's on Florida's November 3 ballot?
The Florida Division of Elections lists exactly three measures for the 2026 general election, numbered 1 to 3. Each one is a joint resolution passed by the Legislature, not a citizen petition.1
| Amendment | Title as listed by the state | Placed by |
|---|---|---|
| 1 | Budget Stabilization Fund | Legislature (HJR 5019) |
| 2 | Exemption of Tangible Personal Property on Agricultural Land from Taxation | Legislature (HJR 1215) |
| 3 | Increased Homestead Exemption; Lower Cap on Increases in Non-Homestead Property Assessments | Legislature (HJR 1F) |
None of the three mentions psilocybin, marijuana or any other drug. Two deal with property taxes and one with the state's budget reserve.1
Is psilocybin on the ballot anywhere in Florida?
Not statewide. We read every title on the Division of Elections' initiative list for 2026 and 2028, and none involves psilocybin, mushrooms or psychedelics.2 We didn't check city ballots in Miami-Dade, so this report covers the statewide ballot only.
That leaves Florida law where it is. Psilocybin and psilocyn stay in Schedule I at section 893.03(1)(c)33. and 34., Florida Statutes.3 Possessing any amount is a third-degree felony under 893.13(6)(a), punishable by up to 5 years in prison and a fine of up to $5,000.456 Our guide Are magic mushrooms legal in Florida? walks through the rest.
Where do the marijuana initiatives stand?
They're on the state's list for the 2028 general election. Smart & Safe Florida's "Adult Personal Use of Marijuana" initiative (serial 25-01, dated January 14, 2025) is listed under 2028 with an "Active" status.2
Two newer initiatives with the same title are listed for 2028 too: Floridians for Marijuana (26-01, dated September 30, 2026, "Active") and Let Florida Vote IV (26-03, dated September 29, 2026, "Pending FIEC").2 Unlike the three 2026 amendments, none of them has a ballot number.
Their titles mention marijuana only. No psychedelic initiative appears anywhere on the list.2
Why it matters in Miami
Miami-Dade voters won't see a psilocybin question on Tuesday. The only drug-policy initiatives on the state's list are marijuana petitions aimed at 2028, and none of them has made a ballot. For now, any change to Florida's psilocybin law has to come from the Legislature or, in narrow cases, the Attorney General.
The Legislature's next regular session convenes March 2, 2027; noon that day is the Senate's deadline for filing bills.7 No 2027 bill mentioning psilocybin had been filed as of November 2, 2026, as our Legislature preview explains. Florida law also lets the Attorney General reschedule or delete a substance by rule, giving "great weight" to federal rescheduling.8
What else is on the ballot elsewhere?
Idaho voters will decide House Joint Resolution 4. It would amend Idaho's constitution so that "only the legislature of the state of Idaho shall have power and authority to legalize" a list of activities involving "marijuana, narcotics, or other psychoactive substances."9 Two Oregon cities also vote on psilocybin businesses. Our preview of the Idaho and Oregon votes has the details.
Sources
- Initiatives and amendments, 2026 general election (made the ballot), Florida Division of Elections, checked November 2, 2026.
- Constitutional amendments and initiatives list, Florida Department of State, checked November 2, 2026.
- Florida Statutes 893.03, Standards and schedules, Florida Senate, 2026.
- Florida Statutes 893.13, Prohibited acts; penalties, Florida Senate, 2026.
- Florida Statutes 775.082, Penalties, Florida Senate, 2026.
- Florida Statutes 775.083, Fines, Florida Senate, 2026.
- 2027 Regular Session Dates, Florida Senate.
- Florida Statutes 893.0355, Control of scheduled substances; delegation of authority to Attorney General, Florida Senate, 2026.
- House Joint Resolution 4 (2025), Idaho Legislature.
- Constitution of the State of Florida, Article III, section 3, Florida Senate.
Keep reading
Are magic mushrooms legal in Florida? What the statutes sayNo. Psilocybin is Schedule I in Florida and possessing any amount is a felony. The statutes, spores, Fiske, gummies and federal law.
Florida psilocybin bills: every attempt since 2019, and how each one endedEvery Florida bill since 2019 that would have changed psilocybin law or funded research, from the 2021 therapy bill to the 2025 spore ban.- Psilocybin penalties in Florida: what a charge can meanEvery Florida psilocybin charge with its statute, felony degree, maximum and offense level, plus diversion, DUI and 911 immunity.
Psilocybin in Florida: a dated timeline, 1970 to 202785 dated events in Florida psilocybin law, court rulings, bills, trials and enforcement since 1970, each with its source.
Reported and checked by the Magic Mushrooms Miami desk. Every fact on this page links to its source. Spot an error? Tell us and we'll correct it in the open, as our editorial standards explain. Magic Mushrooms Miami is published by the team that runs My Mushroom Dispensary, an online shop. We sell no advertising, and nothing is for sale on this site.