Florida’s Psychedelic Drug Laws: Will There Be Changes Soon?

What does the future of psychedelics look like in the Sunshine State? Let’s just say we don’t need our sunglasses yet. 🕶️

By Phil Dubley Fact-Checked By Tripsitter Legal Team · Last Updated: January 10, 2024
Last Updated: January 10, 2024

Florida is known for its preference for personal freedom — yet psychedelics remain strictly prohibited here, despite the efforts from some politicians to change that.

In this guide, we’ll cover the current legal status of magic mushrooms, LSD, ketamine, MDMA, and more in the state of Florida.

Are Magic Mushroom Legal in Florida?

Magic mushrooms are illegal in Florida and the penalties for possessing mushrooms are very stiff.

For example, possession of more than 10 grams is a first-degree felony. This means it’s punishable by up to 30 years in prison or a fine of up to $10,000.

That said, legislation may be a little bit confusing in Florida. For example, in 1978, Richard Fiske was arrested after picking wild psychedelic mushrooms. However, the superior court ultimately ruled in Fiske’s favor. They argued that they couldn’t expect a person to know which wild mushrooms contained psilocybin and which ones didn’t.

Related: Where are magic mushrooms legal?

Do Magic Mushrooms Grow Wild in Florida?

Yes, you can find several different species of magic mushrooms growing wild in Florida. However, you should know that it’s technically illegal to harvest them.

Florida combines a warm climate, almost no winter, with abundant rainfall — these are the ideal conditions for mushrooms of all kinds.

There are several species of magic mushrooms in Florida. The most common ones include Psilocybe cubensis, Panaeolus cyanescens, and Gymnopilus spp.

What Are the Medicinal Uses of Shrooms?

More and more physicians are supporting the therapeutic use of psilocybin.

Many studies report that magic mushrooms work against depression, addiction, post-traumatic stress disorder (PTSD), and cluster headaches.

In addition, evidence supports the medicinal use of psilocybin for existential anxiety in end-of-life care. The use of this psychedelic can also enhance our problem-solving skills and boost creativity.

Thanks to these studies, there is a strong trend in North America and Europe towards legalizing psilocybin for medical use.

Is LSD Legal in Florida?

No. LSD (lysergic acid diethylamide) is illegal in Florida.

LSD is one of the most powerful psychedelics ever discovered. It’s active in doses well below 1 mg.

Penalties for possession of LSD are harsh. If you’re caught with 1-5 grams (roughly 10–50 doses), you can spend from 3 to 30 years in prison.

Carrying 5 to 7 grams (50–70 doses) puts you at risk of spending at least seven years in prison and $100,000 in fines.

The penalties for possession of more than 7 grams can lead to fines up to $500,000 and several years in jail.

Is MDMA Legal in Florida?

No. MDMA (ecstasy) is illegal in Florida.

Ecstasy is a popular party drug. Although it mainly works as a stimulant, it can also produce psychedelic effects, especially at higher doses. You can find MDMA in powder, pill, and cap form.

According to Florida Statutes, Chapter 893, § 893.13, possession of MDMA is a felony and can result in up to five years in prison or a maximum fine of $5,000.

Legal MDMA-assisted psychotherapy is currently under review by the FDA and may become legal in the state of Florida in the next 12-24 months.

Is Ketamine Legal in Florida?

Ketamine is a Schedule III controlled substance, which means it’s legal for medicinal use only in the state of Florida.

Non-medicinal use, possession, or sale of ketamine is a felony. Penalties vary depending on the amount found in possession, your criminal history, and your intent to sell.

Legal Psychoactive Substances in Florida

In Florida, drug laws are pretty strict. Even the use of marijuana has severe penalties.

However, since 2006, ayahuasca has been legal in Florida for personal use. This is a powerful DMT-based infusion that has been used in shamanic settings for centuries.

What’s the Difference Between Legalization & Decriminalization

Legalization and decriminalization are entirely different concepts that lead to a lot of confusion.

When a substance is decriminalized, substances remain illegal, but the penalties for breaking these laws are significantly reduced.

Legalization refers to the complete elimination of punishments for a particular activity. However, there may still be limitations or restrictions in place.

An example of legalization is marijuana. Some states have legalized marijuana, but there are limitations on how old you need to be to buy it and how much you can buy at a time. 

Key Takeaways: What’s the Future of Psychedelics in Florida?

Florida’s psychedelic laws are notoriously strict. We are talking about a state that still does not allow psychotherapy with magic mushrooms and MDMA, which are already being applied in many other parts of the country.

That said, the future at the federal level is bright. The United States is at the forefront of innovation in psychedelic therapy, and we believe that Florida will soon be joining the ranks of decriminalized states.