Are Magic Mushrooms Legal in Florida? Status as of 2026-10-26

Are magic mushrooms legal in Florida?

No, magic mushrooms are illegal in Florida, and psilocybin is also a Schedule I drug under federal law.

Florida lists psilocybin and psilocyn as items 33 and 34 in section 893.03(1)(c). Federal law lists them in Schedule I of 21 CFR 1308.11. Florida has no licensed psilocybin program. Everything below is dated as of 2026-10-26. For the wider picture, see psilocybin in Colorado or how decriminalization differs from legalization.

What does Florida law say about psilocybin, act by act?

Florida punishes possessing, selling, delivering and growing psilocybin mushrooms as felonies, and shipping their spores as a misdemeanor.

Act	Florida statute	Offense level	Maximum (ordinary fine limit)
Possess	893.13(6)(a)	Third-degree felony	5 years, $5,000
Sell, deliver or possess with intent to sell	893.13(1)(a)2.	Third-degree felony	5 years, $5,000
Grow (propagate, cultivate)	893.13(1)(a) with the “manufacture” definition in 893.02(15)(a)	Third-degree felony	5 years, $5,000
Transport, import, sell, give away spores or mycelium	500.75	First-degree misdemeanor	1 year, $1,000
Use, or possess with intent to use, drug paraphernalia	893.147(1)	First-degree misdemeanor	1 year, $1,000
Deliver, or possess or manufacture with intent to deliver, paraphernalia	893.147(2)	Third-degree felony	5 years, $5,000

The prison and fine maximums come from section 775.082 (5 years for a third-degree felony, 1 year for a first-degree misdemeanor) and section 775.083 ($5,000 and $1,000). Section 775.083(1)(f)–(g) allows a higher fine, such as twice the offender’s pecuniary gain, or a larger amount where another statute sets one. Psilocybin sits in Schedule I(c), so sale is a third-degree felony. Other Schedule I entries carry second-degree penalties, up to 15 years and $10,000.

Section 893.02(15)(a) defines “manufacture” to include “propagation,” “cultivating” and “growing” of a controlled substance. The statute text does not name mushrooms. Quantity, location and prior record can change a charge, and this table does not cover them.

Are mushroom spores legal in Florida?

Selling, shipping, importing or giving away psilocybin-capable spores has been a misdemeanor in Florida since 2025-07-01.

Section 500.75 makes it unlawful to transport, import, sell, offer for sale, furnish or give away mushroom spores or mycelium capable of producing mushrooms that contain a controlled substance such as psilocybin or psilocyn. A violation is a first-degree misdemeanor. The section lists no exceptions. The spores guide covers other states. The history note reads “s. 51, ch. 2025-22,” so the provision came from the 2025 agriculture bill.

The section does not name buying or simply holding spores. Because spores can grow into a controlled substance, section 893.13 may still apply once someone cultivates them. Spore syringes sold online as “for microscopy” have no exemption in the text.

Is there a Florida psilocybin bill? Dated tracker

The only enacted Florida psilocybin-related measure is the 2025 spore ban, which tightened the law.

The Florida Senate’s history page for CS/CS/CS/SB 700 (2025) gives these dates:

Date	Event	Status
2025-02-13	SB 700 filed	Proposal
2025-03-11	Agriculture committee substitute passed, 6-0	Proposal
2025-04-16	Senate passed, 27-9	Proposal
2025-04-29	House passed, 88-27	Proposal
2025-05-15	Approved by the Governor	Law
2025-05-20	Chapter 2025-22, Laws of Florida	Law
2025-07-01	Effective date	In force

SB 700 is a broad agriculture bill. Its summary on the Senate page covers many topics and does not mention spores, so the spore text is in the enrolled bill, which section 500.75’s history note confirms.

No Florida research-funding bill for psilocybin appears in the 2026 session. The Senate’s 2026 bill list shows no psilocybin or psychedelic titles, and the MAPS third-quarter 2026 legislative wrap-up does not mention Florida. The tracker lists only bills confirmed in the official record.

What is in gas-station and smoke-shop “mushroom” products?

Products sold as “mushroom” gummies and chocolates have contained Amanita compounds, psilocin and synthetic drugs, and the label did not predict which.

The best-documented case is Diamond Shruumz. A CDC report published 2026-04-09 covers the full investigation of Diamond Shruumz and other mushroom-containing chocolate products: 180 cases in 34 states with onset from 2024-01-01 to 2024-10-11, 118 of them involving a Diamond Shruumz product. Across the investigation, of the cases with outcome data, 73 people (43.7%) were hospitalized, 38 went to intensive care, 29 were intubated and 2 died (CDC MMWR 75(13)). FDA tested 54 Diamond Shruumz samples as of 2024-11-15. It found muscimol, psilocin, acetylpsilocin, kavalactones and pregabalin across products, and muscimol and ibotenic acid in a raw ingredient.

What FDA says about Amanita itself (the Amanita guide has the state-by-state view):

• 2024-12-18: FDA’s letter to industry states that Amanita muscaria, its extracts, muscimol, ibotenic acid and muscarine are unapproved food additives in conventional food. It says use “may be harmful” and cites reports of drowsiness, seizures and hospitalizations.
• 2025-09-11: FDA sent a warning letter to a New York company over Amanita capsules, a tincture and a chocolate. FDA called the capsules and tincture adulterated because Amanita is a new dietary ingredient without enough safety information.

The sources show no Florida-specific FDA letter or Florida agency action. A shop that sells “legal mushrooms” in Florida may be selling a product that is Schedule I, an unapproved food additive, or an unlabelled mix. A buyer cannot tell which from the package.

Is psilocybin legal in Florida for treatment?

Florida has no licensed psilocybin treatment program, and the 2025 law did not create one.

Anyone who has eaten a “mushroom” product and has seizures, trouble breathing, a racing heart or severe confusion should seek emergency care and call Poison Control at 1-800-222-1222. For a state with a similar Schedule I structure and a long city-resolution history, see Are Magic Mushrooms Legal in California?. For a map of where licensed programs exist, start with the Psychedelic Status guides or the home page.