Legal reference — Florida

Are Magic Mushrooms Legal in Florida? (2026)

Plain-language guide to Florida’s psilocybin, MDMA, and psychedelic laws — what’s legal, what isn’t, and what may change.

Last reviewed: 2026-05-02  ·  Educational only — not legal advice
Educational only — not legal advice. Laws change rapidly. Verify current statutes with a licensed attorney before making any decision. Corrections: corrections@mindmedicinelaw.com.
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Illegal — no state or local reform 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.
✎ Pending legislation

Recent & pending legislation

Important notes

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.

Legal access options for Florida residents (2026)

As of 2026, Florida does not have a licensed psilocybin access program. Legal options for residents include:

How Florida compares to nearby states

Frequently asked questions about Florida psilocybin law

Are psilocybin mushrooms legal in Florida?

No. Psilocybin and psilocin are Schedule I controlled substances under Florida Statutes §893.03(1)(c). Possession carries criminal penalties under Florida law. No Florida city — including Miami, Orlando, Tampa, or Jacksonville — has passed a deprioritization resolution. No therapeutic access program has been established.

Are mushrooms legal in Miami or Orlando?

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.

Is there a Florida bill to allow psilocybin therapy?

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.

Are psilocybin retreats in Florida legal?

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.

Last reviewed: 2026-05-02. Tell us what's changed — corrections@mindmedicinelaw.com.