Psilocybin remains fully illegal in Florida in 2026, and a 2025 state law also criminalized selling or transporting psilocybin mushroom spores.
Florida heads into 2026 as one of the strictest states in the country on psilocybin. Magic mushrooms remain a Schedule I controlled substance here, possession of any amount is a third-degree felony, and there is no medical program, no research carve-out, and not a single decriminalized city. Where states like Colorado and Oregon spent 2023-2025 building licensed access, Florida moved the other way: in May 2025 Gov. DeSantis signed SB 700, a farm bill that quietly made it a misdemeanor to sell, transport, or give away psilocybin mushroom spores — closing the microscopy-spore gray area that still exists in most states. Bills to create a psilocybin mental health care program have been filed in Tallahassee repeatedly since 2021 and have died in committee every time. What is legal in Florida is narrower but real: functional mushrooms are sold everywhere, and amanita muscaria is not a controlled substance here — though the FDA's December 2024 determination that it is not a lawful food ingredient has put edible amanita products under sustained regulatory pressure. For actual psilocybin access, Floridians must look out of state. If someone is in medical trouble after taking anything, Florida's 911 Good Samaritan Act gives both the caller and the person overdosing immunity from simple-possession charges — calling for help is the right move.
Possession
Psilocybin and psilocin are Schedule I controlled substances under Florida law. Possession of any amount of psilocybin mushrooms is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.
Cultivation
Growing psilocybin mushrooms is treated as felony manufacture of a controlled substance, and since July 1, 2025 even transporting, selling, or giving away the spores used to grow them is a criminal offense.
Retail / purchase
No legal purchase of psilocybin exists in Florida in any form — there is no medical, therapeutic, or retail program. Mushroom retail in Florida is limited to non-psilocybin products: culinary and functional mushrooms, and amanita muscaria, which is not a controlled substance in Florida. Amanita products sold as edibles sit in a contested space, however — since December 2024 the FDA has held that amanita muscaria and its constituents are not lawful ingredients in conventional food.
Spores
Florida became a spore-restricted state on July 1, 2025. Under SB 700 (2025), codified at F.S. 500.75, 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 violation is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). Before this law, spores occupied the same microscopy-use gray zone as in most states; that window is now closed, putting Florida alongside California, Georgia, Idaho, and Florida as a spore-restricted state. One technical distinction matters: California, Georgia, Idaho, and Florida reach spores through their controlled-substance schedules, so simple possession is covered there, whereas Florida's F.S. 500.75 is written as a commerce-and-transfer offense and does not on its face list mere possession. That is a narrow drafting point, not a safe harbor — germinating spores is still felony manufacture under F.S. 893.13, and anyone with a specific situation should consult a Florida criminal defense attorney rather than rely on a general guide.
Amanita muscaria
Amanita muscaria is not a controlled substance in Florida — muscimol and ibotenic acid appear on neither the state's controlled substance schedules nor the federal Controlled Substances Act — and it is sold in shops and online. 'Not scheduled' is not the same as 'unregulated,' and the food-safety side has tightened considerably. Federally, on December 18, 2024 the FDA issued a letter to industry concluding that amanita muscaria, its extracts, and its constituents muscimol, ibotenic acid, and muscarine are not Generally Recognized as Safe and are unapproved food additives in conventional food, citing adverse-event reports of CNS depression, drowsiness, seizures, and hospitalizations; FDA has since issued warning letters to amanita product makers, including one to Blue Forest Farms LLC in September 2025. At the state level, Florida's Department of Agriculture and Consumer Services issued a stop-sale order in December 2022 against a Tampa retailer marketing amanita as a consumable, on the basis that FDA had not approved it as a food; that order was lifted after the shop returned the inventory to its supplier. Net effect: possessing amanita is not a Florida drug offense, but selling it as an edible carries real regulatory exposure. Amanita is genuinely psychoactive and has a different, more unpredictable risk profile than psilocybin, including nausea, delirium, and at higher doses seizures.
Recent changes
May 15, 2025: Gov. Ron DeSantis signed SB 700 (Chapter 2025-22), an omnibus farm bill whose spore provision (effective July 1, 2025, codified at F.S. 500.75) criminalized selling, transporting, or giving away psilocybin mushroom spores and mycelium. The Senate passed SB 700 by 27-9 and the House by 88-27. Earlier bills to create a Florida Psilocybin Mental Health Care Act and to study psychedelic-assisted therapy (2021-2024 sessions) all died in committee, the 2026 regular session (January 13 - March 13, 2026) ended without any psilocybin reform, and no decriminalization or medical-access measure had passed as of July 2026. No psilocybin ballot measure has reached Florida voters; the 2026 Florida ballot fight was over cannabis, not psychedelics.
Possession of psilocybin mushrooms is a third-degree felony in Florida carrying up to 5 years in prison and a $5,000 fine. Sale, delivery, and manufacture (including cultivation) are charged as separate felonies — a third-degree felony at baseline under F.S. 893.13(1)(a)2, escalating to a second-degree felony for sales near schools, parks, and similar locations, and to a first-degree felony for sales to minors.
Legal options for Florida residents
For lawful psilocybin access, Florida residents must travel to licensed programs out of state. Oregon's licensed service centers, which began serving clients in the summer of 2023, and Colorado's licensed healing centers under its Natural Medicine Health Act are the two established programs — Oregon and Colorado were the first and second states to authorize supervised adult psilocybin services. Eligibility, intake, and screening rules are set by each state and by the individual licensed center, so confirm requirements with the program directly before planning travel. New Mexico's Medical Psilocybin Program, created by SB 219 in 2025, is still being stood up: as of mid-2026 no producers or treatment sites are licensed, the Department of Health is drafting rules, and officials have said they aim to begin serving a limited number of patients by the end of December 2026 — it is a medical program with qualifying conditions, not a visitor-facing option. Enrolling in an FDA-approved clinical trial is the other lawful route and can be done without leaving the state when a site is recruiting. Note that transporting psilocybin back to Florida remains a felony regardless of where it was lawfully obtained. At home, legal choices are limited to functional mushrooms and amanita muscaria products, since spore sales were criminalized in July 2025.
See also: can you buy magic mushrooms online legally? · shroom delivery: legal or scam?
FAQ
Are shrooms legal in Florida?
No. Psilocybin mushrooms are a Schedule I controlled substance in Florida, and possession of any amount is a third-degree felony. Florida has no medical psilocybin program, no decriminalized cities, and in 2025 it moved in the opposite direction of reform states by criminalizing spore sales.
Can I buy psilocybin spores in Florida?
No — not legally anymore. Since July 1, 2025, under SB 700 (F.S. 500.75), it is a first-degree misdemeanor to transport, import, sell, offer for sale, furnish, or give away spores or mycelium capable of producing psilocybin mushrooms. Florida joined California, Georgia, Idaho, and Florida as one of the few states where the microscopy-spore market is off-limits. Florida's version is written to reach sellers and shippers rather than to schedule spores as a controlled substance, so the statute does not list simple possession — but that is a technicality, not permission, and actually growing the spores out is charged as felony manufacture.
Is psilocybin therapy available in Florida?
Not legally. Florida has no licensed psilocybin therapy program, and bills to create one or to study psychedelic-assisted treatment have repeatedly died in the legislature. The only lawful routes are enrolling in an FDA-approved clinical trial or traveling to a licensed program in Oregon or Colorado.
What happens if you get caught with mushrooms in Florida?
Simple possession is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine, and a felony record can follow you long after any sentence. Selling or growing is charged as a separate felony, with penalties that escalate near schools and parks or when minors are involved. If someone is in medical trouble, call 911 — Florida has a 911 Good Samaritan Act (F.S. 893.21) that provides real protection: a person who in good faith seeks medical assistance for a drug-related overdose may not be arrested, charged, prosecuted, or penalized for simple possession under F.S. 893.13(6) or for drug paraphernalia under F.S. 893.147(1) based on evidence obtained as a result of seeking that help, and the same immunity covers the person experiencing the overdose. It also shields both people from having that evidence used to violate their pretrial release, probation, or parole. The immunity does not extend to sale, delivery, manufacture, or trafficking charges, and it does not apply to other people's unrelated offenses. The statute's one possession carve-out, F.S. 893.13(6)(c), covers large quantities of substances scheduled under 893.03(1)(a), (1)(b), and (2)(b) — psilocybin is scheduled at 893.03(1)(c), so that exception does not apply to mushrooms.
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- 2025 Florida Statutes, Section 500.75 — mushroom spores and mycelium (Florida Senate) [primary source] (accessed 2026-07-29)
- CS/CS/CS/SB 700 (2025) — Department of Agriculture and Consumer Services; approved by Governor May 15, 2025, Chapter 2025-22, effective July 1, 2025 (Florida Senate) [primary source] (accessed 2026-07-29)
- Florida Statutes s. 893.21 — 911 Good Samaritan Act, immunity from arrest, charge, prosecution, and penalization [primary source] (accessed 2026-07-29)
- Florida Statutes s. 893.13 — possession (6)(a) third-degree felony; sale/manufacture/delivery (1)(a)2 [primary source] (accessed 2026-07-29)
- Letter to Industry on the Use of Amanita Muscaria or its Constituents in Food — U.S. FDA (December 18, 2024) [primary source] (accessed 2026-07-29)
- Warning Letter: Blue Forest Farms, LLC — U.S. FDA (September 11, 2025), amanita muscaria products [primary source] (accessed 2026-07-29)
- DeSantis Signs Bill To Criminalize Psychedelic Mushroom Spores In Florida — Marijuana Moment (May 2025) (accessed 2026-07-29)
- DeSantis poised to sign legislation banning psychedelic mushroom spores in Florida — Florida Phoenix (May 2025) (accessed 2026-07-29)
- Florida halts amanita muscaria sales at nation's only brick-and-mortar retailer — Leafly (FDACS stop-sale order, December 2022) (accessed 2026-07-29)
- Oregon Psilocybin Services — Oregon Health Authority; licensed service centers opened to clients summer 2023 [primary source] (accessed 2026-07-29)
- Medical Psilocybin Program — New Mexico Department of Health (program authorized by SB 219, 2025; not yet operational) [primary source] (accessed 2026-07-29)