Florida
Psilocybin is illegal in Florida as of 16 Aug 2026.1
- Corrected and re-checked against 2 cited sources at this review.
1. What the law is
SB 700 (2025 Farm Bill) - signed May 15, 2025, effective July 1, 2025; makes transport/sale of psilocybin spores or mycelium a first-degree misdemeanor. Psilocybin possession remains a third-degree felony under existing Florida law.1
Possession is a third-degree felony in Florida, and the law reaches back a step further than the mushroom. Since 1 July 2025, transporting or selling psilocybin spores and mycelium has been a first-degree misdemeanor in its own right, under SB 700, the 2025 Farm Bill, signed May 15, 2025. The 2026 session passed nothing.
Florida moved in the restrictive direction in 2025, against the loosening trend in most state legislatures. SB 700, the wide-ranging 2025 Farm Bill, was signed by Governor Ron DeSantis on May 15, 2025 and took effect on July 1, 2025. It made transporting, importing, selling or giving away spores or mycelium capable of producing mushrooms containing psilocybin or psilocin, at any point in their life cycle, a first-degree misdemeanor carrying up to one year in jail and a $1,000 fine. Spores themselves contain no controlled substance, so the provision closed what had been a gray area. The underlying prohibition is older and heavier. Psilocybin and psilocin are Schedule I under Florida Statutes section 893.03, possession of any amount is a third-degree felony punishable by up to five years' imprisonment and a $5,000 fine, and sale, manufacture and trafficking carry steeper penalties. Reform has gone nowhere. HB 549 of 2021, the Florida Psilocybin Mental Health Care Act, died in a House subcommittee; the 2022 companion bills directing the Department of Health to study psilocybin, MDMA and ketamine therapies died without a hearing; and no reform legislation passed in the 2026 session.
Florida is one of the few states that tightened its psilocybin law during a period when most state-level activity ran toward study commissions, decriminalization, or regulated therapeutic access, with Oregon and Colorado operating licensed programs. Clinics in Florida lawfully offer ketamine, a Schedule III drug that physicians may prescribe off-label, but that framework does not extend to psilocybin, which remains Schedule I under both state and federal law. With the spore ban newly in force, no reform bill passing in the 2026 session, and the executive branch supportive of the restriction, near-term change appears unlikely absent federal rescheduling or a shift in the Legislature.
2. Pending legislation
No bill is on file in Florida that would change this record, as of the 16 Aug 2026 review.
3. History
The laws behind today’s status, when each took effect, and every review since, in order.
Rep. Michael Grieco files HB 549, the Florida Psilocybin Mental Health Care Act, which would have created a state-regulated psilocybin therapy program; the bill dies in the House Professions and Public Health Subcommittee in April 2021.
SB 348 (Sen. Lauren Book) and companion HB 193 (Rep. Grieco), which would have directed the Department of Health to study therapeutic use of psilocybin, MDMA, and ketamine, die in committee without receiving a hearing.
The Legislature passes SB 700, the 2025 Farm Bill, including a provision criminalizing the transport, import, sale, or gifting of spores and mycelium capable of producing psilocybin or psilocin (Senate 27-9 on April 16; House 88-27 on April 29).
Governor Ron DeSantis signs SB 700 into law on May 15, 2025 (Chapter 2025-22, Laws of Florida).
SB 700 takes effect July 1, 2025; transporting, importing, selling, or giving away psilocybin-capable spores or mycelium becomes a first-degree misdemeanor.
Illegal status takes effect.
No psilocybin reform legislation passes in the 2026 legislative session; possession remains a third-degree felony.
Florida had been marked mixed. Nothing in the record pulls the other way: possession is a felony and the state tightened the law again in 2025, so the status is corrected to illegal. No reform moved in 2026.
Checked against the enrolled text of the 2025 act. Florida's spore offence and its penalty are as recorded.
4. Trials in Florida
Interventional psilocybin trials with at least one study site in Florida, drawn from ClinicalTrials.gov, EU CTIS, and ISRCTN. Registry data is reported by sponsors and shown as filed.
Recruiting, active, completed and closed add up to the 11 trials with a study site in Florida, as of Aug 2026. Closed covers trials terminated, suspended, withdrawn or left unverified.
ClinicalTrials.gov data courtesy of the U.S. National Library of Medicine.
5. Common questions
Is psilocybin legal in Florida?
Psilocybin is illegal in Florida as of 16 Aug 2026.
Are magic mushrooms ("shrooms") legal in Florida?
"Magic mushrooms" and "shrooms" are common names for fungi that contain psilocybin. Psilocybin is illegal in Florida as of 16 Aug 2026. Some laws control the compound and the fungus separately, so this record states the position for psilocybin in Florida.
Sources and confidence
Every status line is checked against the primary sources below. How each record is graded for confidence is set out in the methodology.
- 1.flsenate.gov (opens in new tab) · flsenate.gov
- 2.Marijuana Moment.Marijuana Moment (opens in new tab) · marijuanamoment.net
Cited at the review
This information is for educational purposes only and does not constitute legal advice. Laws change frequently, and enforcement practice can differ from the letter of the law. Verify current status with local authorities before relying on this record.
Changes to this record
Every change we have made to this record, dated, corrections included. Nothing changes silently.
Checked against the enrolled text of the 2025 act. Florida's spore offence and its penalty are as recorded.
Florida had been marked mixed. Nothing in the record pulls the other way: possession is a felony and the state tightened the law again in 2025, so the status is corrected to illegal. No reform moved in 2026.
Florida: psilocybin legal status. The Psilocybin Record. Accession US-FL-001. Status as of 16 Aug 2026. https://psilocybinlegalization.com/record/florida
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