When Will Mushrooms Be Legal in Florida

Chillum, founded in 2018 by Carlos Hermida in Tampa, introduced “magic” mushrooms to its pharmacy last month. But Hermida has taken a different path to circumvent strict laws, based on a strange precedent that he hopes will prevail. 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 used in many other parts of the country. As a result of these studies, there is a strong trend in North America and Europe to legalize psilocybin for medical purposes. “I could see some resistance, yes,” Hermida said. “But I`m an activist and that`s why I`m here. So if someone grows back, I`m going to keep pushing, you know? And if they make it illegal, we will stop selling and advocate for legalization. This infamous Florida Supreme Court case is one reason why the state`s psilocybin laws can be very confusing for citizens.

Defendant Fiske had picked wild mushrooms containing psilocybin in Florida. Because he was caught and psilocybin-containing mushrooms are prohibited under Section 893.03 of the Florida State Statutes, he was charged with aggravated possession. Hermida tends to refer to her mushrooms without calling them “magical” — a term usually associated with psilocybin, the psychedelic found in traditional “magic” mushrooms. However, Fiske appealed the charges, arguing that he did not know the mushrooms contained psilocybin, which took the case to the state Supreme Court. Chillum is open daily from 11am to 11pm. Customers can choose from a variety of different legal mushroom products, including Amanita Muscaria mushrooms, a legal magic mushroom. “Magic mushrooms” are legal under federal law because, according to Chillum, they do not contain psilocybin, but legal and strikingly similar chemicals. Psilocybin is the hallucinogenic chemical in some mushrooms. Although decorative cultivation of the B. caapri plant is completely legal, DMT is a Class 1 substance, so it would be illegal to use the plants to brew your own plants.

The original law banning psilocybin still applies to mushrooms when the owner has not picked them or knows they contain psilocybin. But a quick Google search should show that the practical application of this law by the state is getting a little confusing. This confusion stems primarily from a Florida Supreme Court decision, Fiske v. State. In that case, a citizen asked the state`s highest court to overturn his conviction for possession of psilocybin mushrooms. The court ruled that since the average person probably doesn`t have the knowledge to know whether or not a particular mushroom contains psilocybin, they can be excused for breaking the law. MDMA-assisted forensic psychotherapy is currently under review by the FDA and could become legal in the state of Florida within the next 12 to 24 months. Florida has one of the most ambiguous and complicated legal frameworks for psilocybin in the United States.

It is important to note that Florida law classifies psilocybin as a Schedule I substance. This makes possession of psilocybin-containing mushrooms a criminal offense under Florida law. In this regard, the state`s view on “magic mushrooms” is not too difficult to understand. “Psilocybin is still illegal, but studying mycology is very legal as long as there is no psilocybin,” Hermida explained, “That`s why we sell mycelium for psilocybin mushrooms. We hope that by promoting the study of psilocybin, the legalization of all magic mushrooms will be encouraged. That being said, if you express a desire to grow these mushrooms, we must legally deny you service. Carlos Hermida of Ybor City opened the Chillum Mushroom and Hemp Dispensary, which he says is the first legal mushroom dispensary in the United States. The court ruled that if the state wanted to include wild-picked mushrooms in the law, the law would have to be rewritten to include them explicitly. Many studies report that magic mushrooms work against depression, addiction, post-traumatic stress disorder (PTSD) and cluster headaches. Hermida fought for the legalization of medical marijuana in Florida and built her business on easing restrictions. He says he hasn`t noticed a big increase in traffic since adding mushrooms to his product line, but there`s also no typical buyer for the products. But when that charge was challenged in court, the Florida Supreme Court made an important decision.

They overturned the lower court`s decision and ruled that the law was unconstitutional in this particular case. For the court, the average person picking wild mushrooms cannot be expected to automatically know that the mushrooms they pick contain psilocybin. That said, the legislation can be a bit confusing in Florida. For example, Richard Fiske was arrested in 1978 after picking wild psychedelic mushrooms. However, the Supreme Court ultimately ruled in Fiske`s favor. They argued that they could not expect a person to know which wild mushrooms contain psilocybin and which do not. While cannabis has been legalized for recreational use in dozens of states in recent years. Florida is not one of them. There are several types of magic mushrooms in Florida. The most common are Psilocybe cubensis, Panaeolus cyanescens and Gymnopilus spp. Therefore, legally recognized ayahuasca churches are allowed to import, brew and distribute them as part of their religious ceremonies.

Florida combines a warm climate, almost no winter, with abundant rainfall – these are the ideal conditions for mushrooms of all kinds. Spores are legal to possess in Florida. It`s pretty sharp and dry. Florida law prohibits the possession of mushrooms containing psilocybin, the main psychoactive/hallucinogenic ingredient in magic mushrooms.