Are Mushrooms Legal in Florida? Spores and State Law
This shop is for adults 21 and older. You must be 21 or older to purchase.
Last checked October 30, 2026.
This is general information, not legal advice. Check your state and local laws before ordering.
No: unless specifically excepted or listed in another schedule, Florida Statutes section 893.03 places psilocybin and psilocyn in Schedule I. A person may not possess a controlled substance unless it was lawfully obtained from a practitioner or otherwise authorized, and violators commit a third-degree felony. Section 500.75 makes selling or transporting qualifying mushroom spores or mycelium a first-degree misdemeanor.
Chapter 893 of the Florida Statutes sets out controlled substance schedules, and the substances listed in section 893.03 are controlled by that chapter[1]. A separate section, 500.75, deals with mushroom spores and mycelium[3]. Federal regulations list psilocybin and psilocyn in Schedule I as well[4].
Are magic mushrooms legal in Florida?
No: Florida Statutes section 893.03(1)(c) controls, in Schedule I, any material, compound, mixture or preparation that contains any quantity of the hallucinogenic substances it lists, unless specifically excepted or listed in another schedule[1]. That list names psilocybin at item 33 and psilocyn at item 34[1]. The listing also reaches their salts, isomers, homologues, esters and ethers where such forms are possible within the chemical designation[1].
What does Florida law say about possessing magic mushrooms?
Section 893.13(6)(a) says a person may not be in actual or constructive possession of a controlled substance unless it was lawfully obtained from a practitioner or under a practitioner’s valid prescription or order[2]. The same paragraph also allows possession where otherwise authorized by chapter 893[2]. A person who violates that provision commits a felony of the third degree, punishable as provided in sections 775.082, 775.083 or 775.084[2].
| Topic | What the law says |
|---|---|
| Schedule | Psilocybin and psilocyn are listed in Schedule I under section 893.03(1)(c)[1] |
| Possession | Third-degree felony under section 893.13(6)(a); a person may not possess a controlled substance unless it was lawfully obtained from a practitioner or otherwise authorized by chapter 893[2] |
| Spores and mycelium | Selling, transporting or giving away qualifying spores or mycelium is a first-degree misdemeanor under section 500.75[3] |
| Federal listing | Schedule I under 21 CFR 1308.11(d), code numbers 7437 and 7438[4] |
Are mushroom spores legal in Florida?
Section 500.75 makes it unlawful to transport or offer to transport, import into the state, sell or offer for sale, furnish, or give away certain spores or mycelium[3]. It covers spores or mycelium capable of producing mushrooms or other material that will contain a controlled substance, including psilocybin or psilocyn, during its life cycle[3]. A person who violates the section commits a misdemeanor of the first degree, punishable as provided in sections 775.082 or 775.083[3]. The section’s history line cites section 51 of chapter 2025-22[3].
What does federal law say about magic mushrooms?
Federal regulation 21 CFR 1308.11(d) lists psilocybin and psilocyn among the hallucinogenic substances in Schedule I[4]. It assigns psilocybin Controlled Substances Code Number 7437 and psilocyn number 7438[4]. Like the Florida schedule, the federal listing reaches any material, compound, mixture or preparation containing any quantity of a listed hallucinogenic substance, unless specifically excepted or listed in another schedule[1][4].
What legal mushroom products can you buy?
The shop carries gummies in pouches of 2 to 20, Wunder Maxx tablets and disposable vapes from 2.2g to 3.5g[5]. Their makers state that the products are made without psilocybin[5].
The mushroom gummies category brings together three brands, and each product page lists the count, flavors and pack sizes[6]. Wunder makes gummies with kava, blue lotus or kanna extract, in 2-count or 10-count pouches[6]. Exodus Mushy Vapes and Mushy Vapes XL are disposable vapes in 2.2g or 3.5g sizes[5].
Each product page links the manufacturer’s certificate of analysis (COA) for every flavor listed[5]. Those reports apply to the sample and batch named in each document and have not been matched to current inventory batches[5]. Ordering is limited to adults 21 and older[5].
What is the policy on shipping to Florida?
Orders ship within the United States, according to the shipping policy[7]. International shipping is not offered[7]. Packages travel by USPS or UPS, and tracking goes out by email when an order ships[7].
Processing takes up to one business day, and dispatch runs Monday to Friday, excluding federal holidays[7]. Estimated transit is 2 to 5 business days after processing, and arrival dates are not guaranteed[7].
Frequently asked questions
What does Schedule I mean under Florida law?
Section 893.03 says a Schedule I substance has a high potential for abuse and no currently accepted medical use in treatment in the United States. The statute adds that its use under medical supervision does not meet accepted safety standards.
Does Florida’s drug schedule cover common names for a substance?
Yes: section 893.03 includes listed controlled substances by whatever official, common, usual, chemical, trade name or class designated.
Is possessing more than 10 grams treated differently in Florida?
Section 893.13(6)(c) makes possessing more than 10 grams of a substance named in section 893.03(1)(a), (1)(b) or (2)(b), or a mixture containing one, a first-degree felony, except as provided in chapter 893. Psilocybin and psilocyn are listed under section 893.03(1)(c).
What flavors do Wunder’s kava, blue lotus and kanna gummies come in?
Wunder makes one gummy with each extract: Kava in Grape, Blue Lotus in Pink Lemonade and Kanna in Pineapple.
How many flavors do Exodus vapes come in?
Exodus Mushy Vapes and Mushy Vapes XL come in 18 flavors between them, 12 and 6.
References
- Florida Legislature. Florida Statutes 893.03: Standards and schedules (2026 Florida Statutes). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.03.html. Accessed October 30, 2026.
- Florida Legislature. Florida Statutes 893.13: Prohibited acts; penalties (2026 Florida Statutes). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html. Accessed October 30, 2026.
- Florida Legislature. Florida Statutes 500.75: Mushroom spores and mycelium; offenses (2026 Florida Statutes). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0500/Sections/0500.75.html. Accessed October 30, 2026.
- Office of the Federal Register (eCFR). 21 CFR 1308.11: Schedule I. https://www.ecfr.gov/current/title-21/chapter-II/part-1308/subject-group-ECFRf62f8e189108c4d/section-1308.11. Accessed October 30, 2026.
- Buy Mushrooms Here. Shop. https://buymushroomshere.com/shop/. Accessed October 30, 2026.
- Buy Mushrooms Here. Mushroom gummies. https://buymushroomshere.com/product-category/gummies/. Accessed October 30, 2026.
- Buy Mushrooms Here. Shipping Policy. https://buymushroomshere.com/shipping-policy/. Accessed October 30, 2026.
These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You must be 21 or older to purchase. Keep out of reach of children. Consult a physician before use if you are pregnant, nursing, have a medical condition, or take medications.