Psychedelic therapy in Miami: what's legal, what isn't, and where to get care
Psilocybin-assisted therapy is not legal anywhere in Florida outside a registered clinical trial, so no Miami clinic or guide can lawfully offer it. What is legal here is ketamine-based care: the FDA-approved esketamine nasal spray, Spravato, and ketamine prescribed off-label.
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The short answer
Psilocybin therapy is not legal in Miami. Florida lists psilocybin and psilocyn in Schedule I, possessing any amount is a third-degree felony, and giving or selling it to a client is at least a third-degree felony too (second-degree within 1,000 feet of a school, park or community center), whatever the setting is called.12 Today the realistic lawful route to psilocybin in Florida is a registered clinical trial.
Two ketamine-based treatments are legal with a prescriber: esketamine (Spravato), an FDA-approved nasal spray for treatment-resistant depression, and ketamine, which clinics prescribe off-label because the FDA has approved it only as an anesthetic.56 If you're struggling now, call or text 988, any time.11
Is psilocybin therapy legal in Florida?
No. Psilocybin is Schedule I under Fla. Stat. 893.03(1)(c)33., and psilocyn under (c)34.1 Under 893.13, possession is a third-degree felony, and so are selling, delivering and buying it (our penalties guide explains what a charge can mean).2 Florida has no license for psilocybin therapists, guides or centers. A 2021 bill to create a psilocybin services program and 2022 bills to have the state study psilocybin, MDMA and ketamine all died in committee; our bill tracker has the history.
No psilocybin medicine is FDA-approved yet. In a July 7, 2026 SEC filing, Compass Pathways said the final submission of its rolling application for COMP360 "remains on track to be completed in Q4, 2026," and that it expects a launch "in the first half of 2027 subject to FDA approval and following Drug Enforcement Administration, or DEA, rescheduling."4 Even then, Florida's own Schedule I listing would stay until the state acts: the Attorney General may reschedule by rule, giving "great weight" to a federal change, or the Legislature can amend the statute.3
What psychedelic-related treatment is legal in Miami?
Esketamine (Spravato)
The FDA approved Spravato on March 5, 2019, "for use in conjunction with an oral antidepressant in adults with treatment-resistant depression (TRD)."5 It comes with tight limits. Under its safety program (a REMS), it must be dispensed and given in "medically supervised health care settings," and patients are watched for at least two hours afterward.6 The maker's approval notice says it "will not be dispensed directly to patients for home use," and that patients "should not drive or operate heavy machinery until the next day, following a restful sleep."5
Ketamine clinics
Ketamine hydrochloride is FDA-approved as an injection "for induction and maintenance of general anesthesia." The FDA is blunt about the rest: "Ketamine is not FDA approved for the treatment of any psychiatric disorder."6 A licensed clinician can still prescribe it off-label, which is how ketamine clinics and "ketamine-assisted psychotherapy" practices operate. Ketamine is Schedule III in Florida, so it requires a prescription.1
The limits matter. In an October 10, 2023 warning, the FDA listed risks including "abuse and misuse, psychiatric events, increases in blood pressure, respiratory depression," and said "Home use of compounded ketamine products presents additional risk because onsite monitoring by a health care provider is not available."6 Neither ketamine nor esketamine is psilocybin, and a clinic offering one has no legal room to offer the other.
Questions to ask any clinic
- Who evaluates me and prescribes, and what is their Florida license? You can check any practitioner on the Florida Department of Health's license lookup.14
- Is the treatment FDA-approved for my condition, or off-label?
- Who monitors me during and after a session, and for how long?
- Does the plan involve taking anything home, and how is my regular care coordinated?
How do I spot an unlawful or risky offer?
Psilocybin "retreats," "ceremonies" and guided sessions are advertised to Miami residents, including on retreat-booking sites. In Florida, any of them that includes psilocybin is a felony for the person providing it and for the client who pays and possesses it.2 Watch for these signs:
- Psilocybin offered in Florida, under any name. A "retreat," "sacrament," "plant medicine circle" or "integration weekend" that includes psilocybin has no legal basis here. Keeping a home or venue that people use for controlled substances is a separate offense under 893.13(7)(a)5.2
- "It's legal because..." claims. A church membership, a waiver form or a "legal mushroom" product doesn't change Florida law. See our pages on psychedelic churches and mushroom gummies.
- An out-of-state credential. An Oregon facilitator works under Oregon's system, where the session itself happens at a licensed service center and products "may not be purchased and taken off-site." It authorizes nothing in Florida.8
- No real screening. Oregon may turn away clients with "ideation of harm to self or others," anyone who has "taken Lithium within 30 days," and anyone "diagnosed with active psychosis at any time." A guide who asks nothing about your health or medications is skipping basic safety.8
- Advice to stop your medication. Changing a prescription is a decision for you and your prescriber, not a retreat host.
- Take-home or mailed product. Mailing psilocybin is illegal under federal law and in every state, and no state permits mail-order sales.
The health stakes are real. The National Institute on Drug Abuse says taking psilocybin carries health risks, "particularly when unsupervised and outside of a research study and clinical supervision," that people in an unsupervised environment may do dangerous things such as "driving dangerously or walking in traffic," and that psilocybin "typically raises blood pressure and heart rate."7
Where can a Floridian get psilocybin therapy legally?
A clinical trial. As of November 2, 2026, four trials with a Florida site are recruiting, but only one tests psilocybin itself: a Compass Pathways study for PTSD with a Miami site. The other three test related compounds (CYB003 and RE104). Our Florida trial list has every record and explains how screening works.
Oregon. "Clients do not need to live in Oregon," must be 21 or older, and need no prescription or referral. A preparation session with a licensed facilitator comes first, and the session takes place at a licensed service center.8
Colorado. The state's Natural Medicine Division listed 47 approved healing center licenses (12 standard, 35 micro) as of October 30, 2026.9 Like Oregon's, Colorado's program is for adults 21 and older.
New Mexico, later. Its medical psilocybin program "is set to be implemented by December 31, 2026," for conditions such as treatment-resistant depression and PTSD.10 The state law's deadline to "implement the program" is December 31, 2027.16
Whatever you do elsewhere, bringing psilocybin back into Florida is a third-degree felony under 893.13(5)(b), and it's a federal crime too.2 Our guide to legal psilocybin near Miami covers each option and the trip home.
Where can I find licensed mental health care in Miami?
- 988 Suicide & Crisis Lifeline: call or text 988, or chat at chat.988lifeline.org. It's "available 24/7/365," free and confidential, and covers "mental health struggles, emotional distress, alcohol or drug use concerns." Text and chat are available in Spanish.11
- 211 Miami: dial 211 or (305) 631-4211, or text your ZIP code to 898211, for referrals to local services and for emotional support and crisis counseling, available 24/7 in English, Spanish and Creole.12
- SAMHSA National Helpline: 1-800-662-4357, a "free, confidential, 24/7, 365-day-a-year treatment referral and information service" in English and Spanish.13
- Fireside Project: call or text 62-FIRESIDE (623-473-7433) for free peer support about a psychedelic experience, 11 a.m. to 11 p.m. Pacific (2 p.m. to 2 a.m. in Miami). In its words, it "is not a suicide hotline."15
- Emergencies: call 911.
Before you book a therapist, psychiatrist or clinic, confirm the license on the Florida Department of Health's lookup.14 Our help page lists more Miami resources.
Questions people ask
Can a Miami therapist legally guide a psilocybin session?
No. Providing psilocybin is delivery of a Schedule I drug, at least a third-degree felony in Florida, and no Florida license covers it. Only registered clinical trials can give it lawfully.2
Is ketamine therapy the same as psilocybin therapy?
No. Ketamine is a different drug, Schedule III rather than Schedule I, and legal by prescription. Ketamine itself is FDA-approved only for anesthesia; the related esketamine nasal spray, Spravato, is approved for treatment-resistant depression.6
Are psilocybin retreats in Florida legal?
No. A retreat that includes psilocybin exposes the host to delivery charges and guests to purchase and possession charges, each at least a third-degree felony.2
Will psilocybin therapy become legal in Florida soon?
Not automatically. Even if the FDA approves a psilocybin drug, Florida's Schedule I listing stays until the Attorney General reschedules it by rule or the Legislature changes the law.3
Sources
- Florida Statutes 893.03, Standards and schedules, Florida Senate, 2026.
- Florida Statutes 893.13, Prohibited acts; penalties, Florida Senate, 2026.
- Florida Statutes 893.0355, Control of scheduled substances; rulemaking, Florida Senate, 2026.
- Compass Pathways plc, Form 8-K, Item 8.01, U.S. Securities and Exchange Commission, July 7, 2026.
- Janssen announces U.S. FDA approval of SPRAVATO (esketamine) CIII nasal spray, Johnson & Johnson, March 5, 2019.
- FDA warns patients and health care providers about potential risks associated with compounded ketamine products, U.S. Food and Drug Administration, October 10, 2023.
- Psilocybin (Magic Mushrooms), National Institute on Drug Abuse, updated March 6, 2026.
- How to Access Psilocybin Services, Oregon Health Authority, accessed November 2, 2026.
- Natural Medicine Division home page (approved licenses as of October 30, 2026), Colorado Department of Revenue.
- Medical Psilocybin Program, New Mexico Department of Health, accessed November 2, 2026.
- 988 Suicide & Crisis Lifeline, 988 Lifeline, accessed November 2, 2026.
- About Us, 211 Miami, Jewish Community Services of South Florida, accessed November 2, 2026.
- SAMHSA's National Helpline, Substance Abuse and Mental Health Services Administration, accessed November 2, 2026.
- License Verification, Medical Quality Assurance Search Services, Florida Department of Health, accessed November 2, 2026.
- Fireside Project Psychedelic Support Line, Fireside Project, accessed November 2, 2026.
- Senate Bill 219 (2025), Medical Psilocybin Act, Section 7(C), New Mexico Legislature, 2025.
Keep reading
Psilocybin clinical trials in Florida: every drug trial with a Florida siteEvery psilocybin or related drug trial on ClinicalTrials.gov with a Florida site, which are recruiting, and which have Miami-area clinics.
Legal psilocybin near Miami: where it's allowed, and how farOregon, Colorado, New Mexico, Jamaica, the Netherlands and more: the law in each, miles from MIA, and the law on the way home.
Is psilocybin safe? Risks, drug interactions and Miami hazardsWho faces the highest psilocybin risks, what lithium, SSRIs and MAOIs can do, fake products, and Miami's heat, water and festival hazards.
Bad trip or psilocybin emergency in Miami: who to callWho to call in Miami for a psilocybin emergency or a hard trip: 911, Poison Control, 988, Fireside Project and 211 Miami.
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.