Are Magic Mushrooms Legal in Florida? (2026)

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 is a Schedule I controlled substance under Florida Statutes §893.03(1)(c). Possession of psilocybin mushrooms is a third-degree felony under Florida Statutes §893.13(6)(a). Under Florida Statutes §775.082(3)(e) and §775.083(1)(c), possession penalties include up to 5 years in prison and a fine of up to $5,000. Florida also prohibits the sale, manufacture, distribution, and possession of viable psilocybin mushroom spores and mycelium under Florida Statutes §500.75. Governor Ron DeSantis signed that prohibition into law in May 2025, through Senate Bill 700 (SB 700), Chapter 2025-22, Laws of Florida. The statute took effect on July 1, 2025. Violations under §500.75 are a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine. No Florida city, including Miami, Orlando, Tampa, or Jacksonville, has passed a deprioritization resolution. The state operates no therapeutic access program and provides no medical exemption for psilocybin. For how drug testing treats psilocybin, see /guides/psilocybin.

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.

No, psilocybin mushrooms are not sold at retail anywhere in the United States. In Oregon and Colorado, licensed centers are the only place to purchase psilocybin, and only for consumption during a facilitated administration session. Products cannot be taken off-site. Colorado House Bill 26-1325 lists retail stores, vendor booths, and online sales among prohibited sales activities for natural medicine, and it allows transfers for remuneration only by a limited sales licensee co-located with a healing center. In Florida, psilocybin remains a Schedule I controlled substance under Florida Statutes Section 893.03(1)(c), with possession classified as a third-degree felony under Section 893.13(6)(a). See /guides/what-psychedelics-are-legal-in-the-us for the wider picture.

No, Florida dispensaries cannot lawfully sell psilocybin mushrooms; the state's medical marijuana statute, s. 381.986, covers only marijuana and low-THC cannabis. Psilocybin and psilocyn are Schedule I under s. 893.03(1)(c), and possession is a third-degree felony under s. 893.13(6)(a), punishable by up to 5 years in prison and a fine of up to $5,000. A storefront marketed as a "mushroom dispensary" is not a lawful retail channel in Florida, and any product it sells that contains psilocybin is illegal to sell or possess.

Yes, flying with gummies that contain psilocybin is illegal, because psilocybin is Schedule I under federal law (21 CFR 1308.11) and Florida s. 893.03(1)(c), and federal law still applies on a flight. Possession is a third-degree felony in Florida under s. 893.13(6)(a). Gummies made from functional mushrooms with no psilocybin or other Schedule I substance are legal to possess in Florida, and Amanita muscaria is not scheduled federally or in Florida.

Amanita muscaria mushrooms and gummies are not controlled substances under Florida or federal law. Florida Statutes section 893.03 lists psilocybin and psilocyn as Schedule I, but muscimol, ibotenic acid, and Amanita muscaria do not appear anywhere in the text. In a December 18, 2024 letter to industry, the Food and Drug Administration (FDA) stated that Amanita muscaria, its extracts, and its constituents are unapproved food additives in conventional food. If a gummy contains psilocybin, possession is a third-degree felony under Florida Statutes section 893.13(6)(a) regardless of how the package is labeled.