That measure is part of an omnibus “Florida Farm Bill” (SB 700) sponsored by Central Florida Republican Keith Truenow that is best known for including a ban on certain additives like fluoride in the drinking water supply.
Psilocybin mushrooms are illegal in the United States for possession and sale, because psilocybin is considered a controlled substance. Psilocybin spores, the small reproduction units that get dispersed by fungi, are legal, however, because they don’t contain psilocybin, according to the U.S. Drug Enforcement Administration.
As the bill’s House analysis says, “Certain mushroom spores and mycelium, which is a type of fungi, can be propagated and grown into mushrooms that have psilocybin properties. But the spores do not contain any psilocybin properties themselves and therefore could be considered legal under current law.”
A violation of the new ban would be a first-degree misdemeanor, punishable by up to a year in jail and a fine of $1,000.
Disappointing
The decision is disappointing to those who believe the use of psychedelic mushrooms can help people experiencing treatment-resistant depression. The Food and Drug Administration (FDA) in 2018 bestowed a “breakthrough-therapy” designation to a British life sciences company for its psilocybin therapy for treatment-resistant depression. The FDA designates a drug as such if preliminary clinical evidence shows it may demonstrate substantial improvement over available therapy.
Small clinical trials have shown that individual doses of psilocybin, given in a therapeutic setting, can make major changes in people suffering from treatment-resistant major depressive disorder, CNN reported in 2022.
That’s what led former Miami Beach Democrat Mike Grieco to introduce legislation back when he served in the Florida House of Representatives a few years ago to direct the Florida Department of Health and the Board of Medicine to study the therapeutic efficacy of alternative therapies like psilocybin. That legislation didn’t advance.
“Despite my legislation from a few years ago not gaining traction, we have seen throughout the country and internationally expanded acceptance of psilocybin and other psychedelics in the mental health and the therapeutic space,” Grieco told the Phoenix.
“It’s a shame that Florida has not taken advantage of the psilocybin redesignation by the FDA that allows for research and clinical studies. I would love to see our state make these therapies available to our veterans and first responder organizations.”
Grieco’s bill called for the Department of Health, in collaboration with the Board of Medicine, to evaluate the therapeutic efficacy of alternative therapies, including the use of MDMA (a/k/a ecstasy), psilocybin, and ketamine in treating mental and other medical conditions, including depression, anxiety, PTSD, bipolar disorder, chronic pain, and migraines.
A significant setback for the movement to bring psychedelics into the mainstream of mental health care took place last summer after the FDA opted not to approve MDMA-assisted therapy for PTSD. Instead, the agency asked Lykos Therapeutics to further study the safety and efficacy of the treatment, according to CNN.
As the House bill analysis says, “psilocybin, also known as ‘magic mushrooms,’ are naturally occurring and consumed for their hallucinogenic effects.”
Under Florida law, psilocybin and psilocyn are classified as Schedule I substances. Possession of psilocybin in Florida is a third-degree felony.
Poor move?
Those who work in the psychedelic space think it’s a poor move by the Legislature.
“Florida is trying to outlaw the literal roots of the psychedelic renaissance — the mycelium that connects hope, healing, and nature itself,” said Peter Sessa, a lead organizer for Cannadelic Miami, a cannabis and psychadelics expo that will take place later this month at the Miami Airport Convention Center. “This bill doesn’t just ban mushroom spores – it bans connection, curiosity, and the future of mental health.”
Carlos Hermida owns Chillum Mushrooms and Hemp Dispensary, which has locations in Tampa and St. Petersburg.
“I don’t think lawmakers should be making the potentiality of something illegal,” he contends. “Are we going to start making it illegal because we think someone could grow up to rob a liquor store or something like that?”
Hermida adds that Mycelium is a fungus that grows in the ground. “This particular fungus grows in manure. Is manure now illegal in Florida? Is rotting manure now illegal. Is that what’s going on?”
There was no public debate on the provision during discussion of the farm bill in the Legislature. It consists of just eight lines in the 111-page bill.
In recent years, Oregon and Colorado passed legislation decriminalizing psilocybin and legalizing its supervised use. Cities like Berkeley, Seattle, and Detroit have also decriminalized the psychedelic mushrooms.
Calls to U.S. poison centers involving psilocybin among adolescents and young adults rose sharply after several U.S. cities and states began decriminalizing the substance, University of Virginia School of Medicine researchers found in a 2024 study.
Ellen Snelling of the Hillsborough County Anti-Drug Alliance said that she wasn’t that familiar with the measure banning psilocybin spores, but had a bigger concern about alternatives to psilocybin.
“A variety of psychedelic mushroom products are sold in smoke shops in Florida. An emergency room doctor told me he’s seeing more people coming in after using mushrooms,” she said.
Once the measure is signed by DeSantis, Florida will join states like Georgia and Idaho in tightening regulations on psychedelic mushroom spores.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.
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This article appears in May 14-20, 2025.