Are magic mushrooms legal in Florida?
No. Possessing any amount of psilocybin in Florida is a third-degree felony. Since July 1, 2025, selling or giving away spores or mycelium that can grow psilocybin mushrooms is also a crime, and state regulators have ordered at least one store to stop selling Amanita products.
On this page
- Status
- Illegal statewide; no local decriminalization
- Possession
- Any amount: third-degree felony (Fla. Stat. 893.13)
- Spores
- Selling, giving away or transporting spores or mycelium that can produce psilocybin mushrooms is a first-degree misdemeanor since July 1, 2025
- Nearest legal access
- Colorado and Oregon licensed centers
- Last checked
- October 20, 2026
The short answer
Psilocybin is illegal in Florida, and possession of any amount is a third-degree felony under Florida Statutes 893.13. No Florida city has passed a decriminalization or lowest-priority measure. Florida also went further than most states in 2025 by criminalizing the sale and transfer of psilocybin mushroom spores and mycelium, which remain legal to sell in many other states because spores don't contain psilocybin.
Comparing Florida with other states? Our 50-state tracker has every state's status, and My Mushroom Dispensary publishes a separate psilocybin legality guide by state written from a retailer's point of view.
The spore law (SB 700)
SB 700 took effect July 1, 2025. It makes it a first-degree misdemeanor to sell, give away or transport spores or mycelium capable of producing psilocybin mushrooms. That closed a common workaround in which "microscopy" spore kits were sold online and in shops.
Florida's "magic mushroom dispensary"
In 2022, a Tampa store drew national headlines as the country's "first magic mushroom dispensary." It sold Amanita muscaria, not psilocybin. The Florida Department of Agriculture and Consumer Services later issued a stop-sale order, finding a "poisonous or deleterious substance," and the store halted sales. Amanita products are still sold around the state; the FDA said in January 2025 that Amanita muscaria isn't authorized in food. Read our Amanita gummies guide.
Legal options for Floridians
- Colorado and Oregon both welcome adults 21+ from other states at licensed centers. Bringing psilocybin back into Florida would be a felony. See our Colorado and Oregon guides.
- Clinical trials are the only legal route inside Florida. See psilocybin therapy near me.
Frequently asked questions
Is psilocybin decriminalized anywhere in Florida?
No. No Florida city or county has a psilocybin decriminalization measure, and possession of any amount is a third-degree felony under state law.
Are mushroom spores legal in Florida?
Since July 1, 2025, selling, giving away or transporting spores or mycelium that can produce psilocybin mushrooms is a first-degree misdemeanor in Florida under SB 700.
Are the mushroom dispensaries in Florida legal?
Stores can't legally sell psilocybin in Florida. Shops marketed as mushroom dispensaries have sold Amanita muscaria products instead, and state agriculture regulators have ordered at least one to stop selling them.
Sources
- Florida Statutes 893.13, Florida Legislature.
- Psychedelics Law and Policy Tracker: Florida, UC Berkeley Center for the Science of Psychedelics, 2026.
- Magic Mushroom (Psilocybin) Laws by State, RecordingLaw, updated October 11, 2026.
- Florida's first "magic mushroom dispensary" halts sales, Miami New Times.
- First "magic mushroom dispensary" in the country opens in Florida, Fox 35 Orlando, 2022.
- Amanita muscaria considered a toxin in food, FoodNavigator, January 8, 2025.