Florida Statutes §893.03
Florida controlled-substance schedules.
Open sourceNo. Psilocybin mushrooms are illegal statewide in Florida in 2026; no Miami, Orlando, Tampa, or Jacksonville decriminalization exists.
Florida has no state-level decriminalization and no licensed psilocybin program as of 2026. Several legislative efforts have been introduced — HB 1113 (2024) would have created a state-run pilot, and SB 504 (2025) proposed a therapeutic access model — but none have passed into law. No Florida city has passed a formal entheogen deprioritization resolution. Psilocybin mushrooms are Schedule I under Florida Statutes §893.03 and federal law.
Florida controlled-substance schedules.
Open sourceFlorida's 2025 ban on selling or transporting psilocybin mushroom spores and mycelium.
Open sourceOfficial source for Florida psychedelic therapy pilot bills.
Open sourceAs of 2026, Florida does not have a licensed psilocybin access program. Legal options for residents include:
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No. Psilocybin mushrooms are illegal statewide in Florida in 2026; no Miami, Orlando, Tampa, or Jacksonville decriminalization exists.
No. Psilocybin mushrooms are Schedule I under Florida Statutes §893.03. No Florida city has passed a deprioritization resolution. No therapeutic access program exists. SB 504 (2025) is a pending pilot bill.
No. Psilocybin and psilocin are Schedule I controlled substances under Florida Statutes §893.03(1)(c). Simple possession is a felony of the third degree under §893.13(6)(a), punishable by up to five years in prison and a $5,000 fine under §775.082(3)(e) and §775.083(1)(c). Selling, transporting, or giving away spores or mycelium capable of producing psilocybin mushrooms is a separate crime under Florida Statutes §500.75. The Legislature created that law in 2025, effective July 1 of that year. It makes the offense a first-degree misdemeanor, carrying up to a year in jail and a $1,000 fine. No Florida city, including Miami, Orlando, Tampa, and Jacksonville, has passed a deprioritization resolution. No therapeutic access program exists either.
No. Miami-Dade County and Orange County (Orlando) both fall under Florida state law, which classifies psilocybin as Schedule I. Neither city or county has passed any reform measure.
SB 504 (2025) proposes a therapeutic access pilot for psilocybin and MDMA in Florida, targeting PTSD and depression. HB 1113 (2024) proposed a similar pilot but did not advance. As of 2026 no bill has passed; psilocybin remains fully illegal for non-research use.
No. Retreat operators who facilitate psilocybin sessions in Florida operate outside the law. Both the facilitator and participants may be subject to criminal penalties under Florida and federal law.
Yes. Functional mushroom gummies and supplements sold in Florida smoke shops and by online retailers are legal to sell and possess because they do not contain any Schedule I controlled substances. Retailers market these products as legal alternatives to psilocybin mushrooms using non-psychoactive species, specifically Lion's Mane, Reishi, Turkey Tail, and Cordyceps. These formulations contain no psilocybin and no Amanita muscaria. This is a completely separate legal category from psilocybin mushrooms, which remain Schedule I controlled substances under Florida Statutes §893.03(1)(c) with no exceptions. A psilocybin-free label does not change the legal status of an actual psilocybin-containing product. Any product falsely labeled psilocybin-free while actually containing psilocybin remains illegal to sell or possess in Florida.
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