Are Magic Mushrooms Legal in Florida? Psilocybin Laws (2026)

Magic mushrooms are not legal in Florida. Psilocybin and psilocyn, the compounds in psilocybin mushrooms, are Schedule I hallucinogens under section 893.03(1)(c) of the Florida Statutes, and possessing them without a valid prescription is a third-degree felony under section 893.13(6)(a), punishable by up to 5 years in prison.

Florida has no state psilocybin therapy program or decriminalization law. Since July 1, 2025, a separate statute, section 500.75, also makes it a first-degree misdemeanor to transport, import, sell or give away spores or mycelium that can produce psilocybin mushrooms. For how other states treat psilocybin, see our guide to psilocybin mushroom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida state law: the Schedule I listing in section 893.03(1)(c), the possession and sale offenses in section 893.13(1)(a) and (6), the spore and mycelium offense in section 500.75, the Attorney General's rescheduling power in section 893.0355, and the penalty ranges in sections 775.082 and 775.083. It does not cover location-based or habitual-offender enhancements, city or county measures, or the law of other states.

Are magic mushrooms legal in Florida?

No. Section 893.03(1)(c) lists "33. Psilocybin." and "34. Psilocyn." among Florida's Schedule I hallucinogenic substances. The listing names the compounds rather than the mushroom, but the paragraph's lead-in covers far more than the pure chemicals:

"(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances or that contains any of their salts, isomers, including optical, positional, or geometric isomers, homologues, nitrogen-heterocyclic analogs, esters, ethers, and salts of isomers, homologues, nitrogen-heterocyclic analogs, esters, or ethers, if the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation"

The same list carries other hallucinogens, including LSD, mescaline and peyote. Florida law treats psilocybin and psilocyn the same way it treats those entries for penalty purposes, because the penalty tiers in section 893.13 turn on the paragraph of section 893.03 where a substance is listed.

Psilocybin possession penalties in Florida

Section 893.13(6)(a) is the general possession offense:

"A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. A person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

A third-degree felony carries up to 5 years in prison under section 775.082(3)(e) and a fine of up to $5,000 under section 775.083(1)(c).

Two neighboring rules in the same subsection do not apply to psilocybin. Section 893.13(6)(b) makes possession of 20 grams or less of cannabis a first-degree misdemeanor, and that exception is limited to cannabis. Section 893.13(6)(c) makes possession of more than 10 grams of a substance in 893.03(1)(a), (1)(b) or (2)(b) a first-degree felony, and it does not list paragraph (1)(c), where psilocybin sits. Under section 893.13(6), then, possession is a third-degree felony whatever the quantity. The trafficking statute, section 893.135, does not list psilocybin or psilocyn among the Schedule I substances it covers.

Selling or delivering psilocybin in Florida

Section 893.13(1)(a) makes it a crime to "sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance." The class depends on the substance's paragraph in section 893.03:

"2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

Because psilocybin is in paragraph (1)(c), the sale tier is a third-degree felony, not the second-degree felony that section 893.13(1)(a)1. sets for substances in 893.03(1)(a) and (1)(b).

Mushroom spores and mycelium: section 500.75

Florida added a separate spore offense in 2025. Section 500.75 reads in full:

"It is 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. A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083."

The Legislature created section 500.75 in section 51 of chapter 2025-22, Laws of Florida (CS/CS/CS/SB 700, approved May 15, 2025), an agriculture and consumer services bill. The act's general effective-date clause, section 92, provides: "Except as otherwise expressly provided in this act, this act shall take effect July 1, 2025," and section 51 carries no separate date. The section sits in chapter 500, the food chapter, rather than in the drug chapter, and the 2026 Florida Statutes show it unamended.

The offense reaches transporting, importing, selling, furnishing and giving away, including offers to transport or sell. Possession is not among the acts the section lists.

Does Florida have a psilocybin therapy program or decriminalization?

No. Florida has no state psilocybin therapy or medical-use program, and no statewide decriminalization. The Schedule I entries for psilocybin and psilocyn are unqualified. By contrast, the next entry on the same list, Salvia divinorum, is listed "except for any drug product approved by the United States Food and Drug Administration which contains Salvia divinorum." The psilocybin and psilocyn entries carry no exception of that kind.

Florida does have a route for following a federal change without new legislation. Section 893.0355 lets the Attorney General adopt a rule, including an emergency rule, moving a substance to a less controlled schedule or deleting it when reduced control is in the public interest. In deciding, the Attorney General must consider whether the substance has been rescheduled or deleted under federal law and give great weight to federal scheduling rules. The change is not automatic, and no such rule exists for psilocybin.

The only route the possession statute itself recognizes is a controlled substance "lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner," or one "otherwise authorized by this chapter."

This article does not cover city or county measures. Whatever a local government adopts, state law still applies, and the penalties in chapter 893 remain in force throughout Florida.

What changed in Florida psilocybin law in 2025 and 2026

• 2025: Chapter 2025-22 created the spore and mycelium offense in section 500.75, effective July 1, 2025.
• 2026: Chapter 2026-148 (CS/SB 432) amended section 893.03, effective July 1, 2026, to except certain FDA-approved xylazine animal drug products from Schedule I. The same act created a nitrous oxide offense for tobacco and nicotine dealers (section 569.216) and added xylazine penalties to sections 893.13 and 893.135, effective October 1, 2026. Its reprinted Schedule I hallucinogen list still carries "33. Psilocybin." and "34. Psilocyn." unchanged.

Neither act relaxed the possession or sale penalties for psilocybin.

Psilocybin and driving in Florida

Florida's DUI statute, section 316.193(1)(a), covers a driver who is under the influence of "any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired," which includes Schedule I substances such as psilocybin. For DUI penalties and testing rules, see Florida DUI laws.

Psilocybin charges and your criminal record

A psilocybin possession or sale charge under section 893.13 is a felony, and a spore offense under section 500.75 is a misdemeanor. For when Florida allows a record to be sealed or expunged, see Florida expungement laws.

Federal psilocybin law

Psilocybin and psilocyn are also federal Schedule I hallucinogens under 21 CFR 1308.11(d)(29)-(30), and simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a), with up to 1 year in prison and a minimum fine of $1,000 for a first offense. Executive Order 14401 (April 18, 2026) directs federal agencies to build a Right to Try pathway for psychedelic drugs and to review rescheduling, but it does not reschedule psilocybin. The FDA's April 2026 priority vouchers and its Breakthrough Therapy designations for psilocybin programs are, as the agency states, not a determination of safety or effectiveness. As of October 2026 no federal rescheduling rule for psilocybin had been published, and Florida's state penalties apply regardless of federal policy.

Related pages

• Psilocybin mushroom laws by state
• Florida DUI laws
• Florida expungement laws
• Florida kratom laws

This article provides general legal information about Florida state law, not legal advice. For advice about a specific situation, contact a lawyer licensed in Florida.

Last updated: 2026-10-12.

Frequently Asked Questions

Are magic mushrooms legal in Florida?

No. Psilocybin and psilocyn are Schedule I substances under section 893.03(1)(c), possession without a valid prescription is a third-degree felony under section 893.13(6)(a), and selling or delivering them is a third-degree felony under section 893.13(1)(a)2.

Is possession of psilocybin mushrooms a felony in Florida?

Yes. Section 893.13(6)(a) makes possession of a controlled substance not lawfully obtained from a practitioner or by valid prescription a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000. The 20-gram misdemeanor exception in 893.13(6)(b) is limited to cannabis.

What is the penalty for selling psilocybin in Florida?

Selling, manufacturing or delivering, or possessing with intent to sell, manufacture or deliver, a substance in section 893.03(1)(c) is a third-degree felony under section 893.13(1)(a)2., with up to 5 years in prison under section 775.082(3)(e).

Are mushroom spores legal in Florida?

Since July 1, 2025, section 500.75 makes it a first-degree misdemeanor to transport or offer to transport, import, sell or offer for sale, furnish or give away spores or mycelium capable of producing mushrooms that will contain a controlled substance, including psilocybin or psilocyn. The section does not list possession among those acts.

Has Florida decriminalized psilocybin?

No. Psilocybin and psilocyn remain in Schedule I under section 893.03(1)(c), and neither of the recent acts touching the topic, chapter 2025-22 and chapter 2026-148, relaxed the penalties in section 893.13.

Does Florida have a legal psilocybin therapy program?

No. Florida has no state psilocybin therapy or medical-use program, and the psilocybin entries in section 893.03(1)(c) have no exception for an FDA-approved drug product.

Is psilocybin legal under federal law?

No. Psilocybin and psilocyn are federal Schedule I substances under 21 CFR 1308.11(d)(29)-(30), and simple possession of a controlled substance is a federal misdemeanor under 21 U.S.C. 844(a).