Psilocybin law · FL
Is psilocybin legal in Florida?
Psilocybin is illegal in Florida: it is a Schedule I controlled substance under Fla. Stat. 893.03(1)(c), possession is a third-degree felony, and since 1 July 2025 selling or transporting psilocybin mushroom spores is also a crime.
Psilocybin is a controlled substance under state law with no programme for its use. Last checked 26 Oct 2026. Pending bills are re-checked weekly against the legislature; last change recorded 26 Oct 2026. Not legal advice.
Current status
- Psilocybin and psilocyn are listed as hallucinogenic substances in Schedule I, Fla. Stat. 893.03(1)(c)33. and 34. (Florida Legislature (Online Sunshine), current page)
- Since 1 July 2025, it is a first-degree misdemeanor to transport, import, sell, offer, furnish or give away spores or mycelium capable of producing mushrooms that will contain psilocybin or psilocyn (Fla. Stat. 500.75, created by SB 700, Chapter 2025-22). (The Florida Senate, 2025; The Florida Senate, 20 May 2025)
Decriminalized cities and counties
None found as of 26 Oct 2026.
A local lowest-priority measure tells city or county police and prosecutors where to spend their time. It does not change state or federal law, and state or federal officers can still enforce it.
Bills
| Bill | What it would do | Status |
|---|---|---|
| SB 7002025 | Department of Agriculture and Consumer ServicesOmnibus agriculture bill that, among other things, criminalized transporting, selling or giving away psilocybin mushroom spores and mycelium. | Approved by Governor 15 May 2025; Chapter 2025-22; effective 1 July 2025 (The Florida Senate, 20 May 2025) |
Penalties
- Possessing a controlled substance without a valid prescription is a felony of the third degree, punishable as provided in Fla. Stat. 775.082, 775.083 or 775.084 (Fla. Stat. 893.13(6)(a)). (Florida Legislature (Online Sunshine), current page)
Federal law applies in Florida too
- Peyote and mescaline are listed in Schedule I(c) of the Controlled Substances Act, as are psilocybin, psilocyn, DMT and ibogaine. (Legal Information Institute (Cornell) reproducing the U.S. Code, current)
- Outside the exemptions, distributing a Schedule I substance not named in the large-quantity tiers carries up to 20 years and a fine of up to $1,000,000 for an individual on a first offence (21 U.S.C. 841(b)(1)(C)); simple possession carries up to 1 year and a minimum fine of $1,000 on a first offence (21 U.S.C. 844(a)). (Legal Information Institute (Cornell) reproducing the U.S. Code, current; Legal Information Institute (Cornell) reproducing the U.S. Code, current)
Questions and answers
- Is psilocybin legal in Florida?
- Psilocybin is illegal in Florida: it is a Schedule I controlled substance under Fla. Stat. 893.03(1)(c), possession is a third-degree felony, and since 1 July 2025 selling or transporting psilocybin mushroom spores is also a crime.
- Has any city in Florida decriminalized psilocybin?
- We found no city or county measure in Florida that makes psilocybin a low enforcement priority, as of 26 Oct 2026.
- Are there psilocybin bills in Florida?
- None is pending. Recent bills: SB 700, Approved by Governor 15 May 2025; Chapter 2025-22; effective 1 July 2025.
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