Florida Gov. Ron DeSantis, (R), has announced that he plans to sign an agriculture bill with a broad range of provisions that includes, among others, a ban on the mushroom spores.
DeSantis stated his support of the SB 700 measure sponsored by Sen. Keith Truenow. It is now on its way from the House of Representatives to the Governor after it was passed last week. It was previously passed by the Senate on a 27–9 vote.
DeSantis didn’t mention the psychedelic mushroom-spore ban in the bill or any of its other 150 pages. Instead he zeroed in on a part of the bill that would ban local governments from adding fluoride to public drinking water—an issue that dominated debate as the proposal made its way through the legislature.
In a press release, he stated that “the Free State of Florida” means freedom from government or private actors applying geoengineering or chemicals to public or personal spaces or people.
In relation to psychedelic mushroom, the bill will outlaw importing, transporting, selling, or giving away spores and mycelium that can produce mushrooms as well as other materials which may contain a controlled drug, including psilocybin during its lifetime.
A violation of this proposed law could result in a criminal offense with a maximum sentence of one year and fines up to $1,000.
SB 700 will also bring about a range of improvements to Florida’s agricultural land, utility systems and wildlife management.
The two most important psychoactive substances in psychedelic mushroom are psilocybin (psilocin) and sylokin. Although spores themselves typically do not contain psilocybin or psilocin, they eventually produce fruiting bodies—mushrooms—that do contain the psychedelic compounds.
Federal law considers the spores to be legal, as they do not contain controlled substances.
“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 heading to DeSantis—similarly notes that “spores do not contain any psilocybin properties themselves and therefore could be considered legal under current law.”
The proposal clarifies that any spores, mycelium or other organisms that can produce psilocybin at any stage of their growth are illegal.
Psilocybin, and its derivative psilocin are illegal substances in Florida. Simple possession of psilocybin and psilocin is punishable as a third-degree crime, with up to 5 years imprisonment or $5,000 in 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. The U.S. federal government has now classified them as Schedule I controlled drugs, meaning that they don’t have any medical applications.
Further, it states, “Any material, compound mixture or preparation containing Psilocybin, a hallucinogenic chemical, has a high abuse potential and is currently not accepted as a medical treatment in the United States.”
Late last week, meanwhile, DeSantis signed a separate bill into law will create new hurdles for advocates aiming to put legislative proposals before voters—including, potentially, the renewed effort to legalize marijuana in the state.
The law also requires that petitioners from out of state and citizens not be allowed to collect signatures. It also limits the period in which they can submit their signatures.
Rep. Jenna Persons Mulicka, (R), its sponsor, contends that “out-of state fraudsters are looking for a quick profit and special interest groups want to purchase their way into the Constitution.”
The new law, according to critics, will make it harder for Floridians to voice their opinions. A group that wanted to expand Medicaid for the entire state has sued the DeSantis Administration over the new laws.
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.
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.
The Florida Division of Elections reports that a total of 880062 valid signed statewide is needed for 2026 to be on the ballot.
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.
A “potential criminal inquiry” was initiated by the Florida Department of Law Enforcement.
In a statement made to MEDCAN24, a representative from the campaign said that the team had faith in the system and would fight the assertion by the State that they violated the Election Law.
In the statement, it is stated that the “claims made” appear to have been a deliberate attempt to stop the Florida people from being able to show their support for an amendment proposed by citizens. “We are standing by our process. We had legal counsel check all forms and communication prior to mailing. And we look forward to challenging these claims.
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Image courtesy Wikimedia/Mushroom observer.