DeSantis Signs Bill To Criminalize Psychedelic Mushroom Spores In Florida

Florida Gov. Ron DeSantis (R) has signed a wide-ranging agriculture bill passed by the legislature that contains, among other provisions, a new prohibition on the spores of psychedelic mushrooms.

The governor, who previously signaled that he would approve the anti-psilocybin legislation, SB 700 from Sen. Keith Truenow (R), formally did so on Thursday.

The psychedelic mushroom spore ban is just one provision of the roughly 150-page agriculture bill, which also contains a new ban on local governments from adding fluoride to public drinking water—an issue that dominated debate as the proposal made its way through the legislature.

With respect to psychedelic mushrooms, the new law outlaws transporting, importing, selling or giving away “spores or mycelium capable of producing mushrooms or other material which will contain a controlled substance, including psilocybin or psilocyn, during its lifecycle.”

Violating the proposed law will be a first-degree misdemeanor, carrying a maximum one year in jail and $1,000 fine.

SB 700 will also make a variety of adjustments around Florida’s agricultural lands, utilities and wildlife management.

Psilocybin and psilocin are the two main psychoactive compounds in psychedelic mushrooms. Although spores themselves typically do not contain psilocybin or psilocin, they eventually produce fruiting bodies—mushrooms—that do contain the psychedelic compounds.

Because the spores don’t contain any controlled substances, the federal government deems them legal.

“If the mushroom spores (or any other material) do not contain psilocybin or psilocin (or any other controlled substance or listed chemical), the material is considered not controlled,” Terrence Boos, the Drug Enforcement Administration’s (DEA) Drug and Chemical Evaluation Section chief, said in a memo last year. (Using a similar rationale, Boos has said that marijuana seeds are considered federally legal hemp because they themselves don’t contain THC.)

In Florida, a legislative report for HB 651—a House companion bill to the measure now now signed by DeSantis—similarly notes that “spores do not contain any psilocybin properties themselves and therefore could be considered legal under current law.”

To prevent that, the new law clarifies as illegal any spores or mycelium that could produce psilocybin or psilocin at any time in their development.

As for psilocybin and psilocin themselves, the substances were already illegal in Florida. Simple possession is a third-degree felony, carrying up to five years in prison and a $5,000 fine.

A legislative report for SB 700 notes that psychedelic mushrooms “became popular in the United States during the 1960s when American researchers first studied their healing properties and medical applications. Now, they are listed as a Schedule I controlled substance by the U.S. government, meaning they have no accepted medical use.”

It further says that “any material, compound, mixture, or preparation that contains the hallucinogenic substance known as Psilocybin has high potential for abuse and is not currently accepted as medical treatment in the United States.”

The successful enactment of the psychedelic mushroom spore ban into law comes as several measures to expand medical cannabis access died in the Florida legislature this session. Lawmakers also failed to advance a proposal to restrict intoxicating hemp products to enactment this year.

Meanwhile, DeSantis recently signed a separate bill into law will create new hurdles for advocates aiming to put ballot initiatives before voters—including, potentially, the renewed effort to legalize marijuana in the state.

Among other requirements, the law mandates that supporters post a $1 million bond before commencing signature gathering, prohibits the use of out-of-state and noncitizen petitioners and narrows the window during which which signatures must be submitted to election officials.

Its sponsor, Rep. Jenna Persons-Mulicka (R), contends the ballot initiative process “has been taken over by out of state fraudsters looking to make a quick buck and by special interests intent on buying their way into our Constitution.”

Critics have said the new changes will impede Floridians’ ability to have their voices heard. One group, hoping to qualify a measure that would expand Medicaid in the state, has already sued the DeSantis administration over the new law.

The new obstacles to placing a proposal on the statewide ballot come on the heels of two contentious constitutional amendments that went before voters last year, including one—Amendment 3—that would have legalized marijuana for adults 21 and older, and another on abortion rights.

The campaign for the marijuana measure, Smart & Safe Florida, took in more than $150 million in campaign funds—with most from large cannabis companies such as Trulieve, a multi-state operator that contributed tens of millions of dollars.

It also clashed with DeSantis as well as the state Republican Party, the latter of which Smart & Safe Florida later sued for allegedly deceiving voters about the measure.

The cannabis campaign recently joined organizations focused on other issues in litigation against the new ballot restrictions.

After Amendment 3 last year failed to win the 60 percent voter support needed to pass a constitutional amendment, Smart & Safe Florida is now aiming to put a revised legalization proposal on the 2026 state ballot.

Under the new law, signatures collected before enactment would not be subjected to the revised restrictions. Smart & Safe Florida has so far submitted just under, the 220,016 valid signatures needed to trigger a judicial and financial impact review of the proposal.

A total of 880,062 valid signatures statewide are currently needed to make the 2026 ballot, according to the Florida Division of Elections.

Meanwhile in Florida, state elections officials recently sent a cease-and-desist letter to Smart & Safe Florida campaign, alleging that the group has “committed multiple election law violations.”

The Office of Election Crimes and Security (OECS)—part of Florida’s Department of State—also fined Smart & Safe Florida more than $120,000 for submitting completed petitions more than 30 days after they were signed.

The issue was referred to the Florida Department of Law Enforcement for a “potential criminal investigation.”

In a statement to Marijuana Moment at the time, a campaign representative said it has confidence in the process and intends to push back on the state’s assertion it violated election law.

“The claims made appear to be a targeted effort to thwart the ability for the people of Florida to express their support of a citizen-driven amendment,” the statement says. “We stand by the process and had legal counsel vet all forms and communications prior to mailing and look forward to challenging the validity of these claims.”

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Photo courtesy of Wikimedia/Mushroom Observer.

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