Florida Senate approved a broad agricultural bill Wednesday. The legislation includes provisions for the outlawing of fungal spores which produce mushrooms with psilocybin, or psilocin. A day earlier, a House panel had advanced an identical bill.
Senators voted 27–9 to approve SB 700, from Sen. Keith Truenow (R). The House is also moving forward with HB 651, which was approved by the Commerce Committee Tuesday.
This proposed ban is only a part of the 150-page bill, which makes a number of changes to Florida agricultural laws. These include those relating to agricultural land, utilities, and wildlife management.
Both measures prohibit the transport, importation, sale or distribution of “spores, mycelium or other materials capable to produce mushrooms or which contain controlled substances, such as psilocybin, or psilocyn during their lifecycle.”
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.
While lawmakers on the Senate floor and House committee spent considerable time debating various other portions of the bills—especially a proposed ban on fluoride in local water supplies—there was no mention of the provision concerning psychedelic mushroom spores.
Truenow stated before the floor vote that this bill was primarily designed to benefit farmers, consumers, and future farmers.
The two most important psychoactive substances in psychedelic mushroom are psilocybin (PSI) and psilocin. 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 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 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.
A legislative report for the Senate version of the bill notes that psychedelic mushrooms “became popular in the United States during the 1960s when American researchers first studied their healing properties and medical applications. They are now listed by the U.S. Government as Schedule I controlled substances, which means they do not have any accepted medical uses.
Further, it states, “Any material, compound mixture or preparation that contains Psilocybin, a hallucinogenic chemical, has a high abuse potential and is currently not accepted as a medical treatment in the United States.”
Psilocybin, and its derivative psilocin are illegal substances in Florida. Possession is considered a third degree felony punishable by up to five-years in prison or a fine of $5,000.
A separate House Committee voted on Tuesday this week unanimously in favor of a bill recently amended that allows military veterans to bypass the registration fee and receive certifications without paying any fees.
The measure, HB 555 was originally filed by Rep. Alex Andrade in February and it would have allowed for more substantial changes to be made to the existing state medical cannabis programs, such as allowing for home cultivation or reciprocity between out-ofstate patients. House Health Professions and Programs Subcommittee instead advanced a 2-page replacement bill, which only made small changes.
The measure will change the renewal process for medical marijuana cards from an annual to a two-year cycle.
The state would not be able to charge veterans any fees in relation to the renewal or issuance of identification cards.
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Last week, the Senate passed a law that restricts hemp-derived THC and popular THC-infused drinks.
This would include a ban on all synthetic cannabinoids – including delta-8THC. In hemp-derived products the amount of delta-9 cannabinoids cannot be higher than 5 milligrams in a serving, or 50 mg per container.
The amount of THC in hemp-infused drinks to just five milligrams per container, and the beverages could be sold only by retailers with liquor licenses—a provision backed by lobbyists representing the beer and wine industries.
Meanwhile, a state judge last month dismissed a lawsuit from the cannabis company Trulieve against the state Republican Party over last year’s failed constitutional amendment that sought to legalize adult-use marijuana.
A judge ruled that Florida voters were not fooled by the GOP campaign, which was “intentionally misleading” and made “demonstrably falsified” claims.
Smart and Safe Florida, the campaign that failed to legalize marijuana, is preparing for a new ballot battle next year. According to the Florida Division of Elections, the group has already submitted more than 7,500 of the required 891,523 valid signatures to be included on the ballot in 2026.
The campaign’s 2026 iteration includes several changes that seem responsive to issues raised by critics about the 2024 version.
The state sent the campaign a letter of cease and desist, claiming that the group had “committed numerous election laws violations”.
A recent survey from the University of North Florida found that, despite last year’s ballot proposal failing, there’s overwhelming, bipartisan voter support for the reform. It showed that 67 percent of Florida voters now back legalization, including 82 percent of Democrats, 66 percent of independents and 55 percent of Republicans.
The results conflict with another recent poll from the Florida Chamber of Commerce, a proactive opponent of legalization, that found majority support for the reform among likely voter (53 percent) but not enough to be enacted under the 60 percent requirement.
Meanwhile, Gov. Ron DeSantis (R) said in January that the latest version of the legalization initiative is in “big time trouble” with the state Supreme Court, predicting it will be blocked from going before voters next year.
Using Psychedelics Is Tied To 25% Lower Likelihood Of ‘Frequent Bad Headaches,’ Study Shows
Image courtesy Wikimedia/Mushroom observer.
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