Are Psychedelic Mushrooms Legal In Florida?
Florida, like most states, takes prosecuting the possession of illegal substances seriously. Most Floridians know that many drugs are illegal, such as weed and heroin. However, you might not know what the rules are for hallucinogenic substances, such as magic mushrooms – a type of fungus.
Learn about mushroom legality in Florida below, and if you have any questions about a case, Julian Stroleny, Esq., an attorney experienced in drug crimes, can assist you. Attorney Stroleny is passionate about fighting for the rights of those accused of drug possession and other charges.
He was rated 2023 AV Preeminent – Martindale-Hubble and 2023 Client Champion – Martindale-Hubble. These outstanding ratings mean your case is in the hands of an experienced, aggressive, and knowledgeable litigator who knows your legal rights.
Drug Possession Laws
Drug possession, which means having psilocybin, is against the law because the legislature has passed laws prohibiting its possession within the state. If you are convicted, you could receive up to years in prison because of it’s designation as a felony. The severity of any drug possession charge depends on the type of drug, how it’s packaged, and the quantity.
Under the law, to possess drugs means you are holding an illicit drug for your use, or you intend to sell it. Generally, you’ll face more serious charges if the prosecutor can prove that you intended to sell the drug.
To prove you were selling drugs, the state may show you had a large quantity of the illegal substance, baggies, or equipment to sell it. If you carry a large amount of cash, this could also be considered for the basis of possessing illegal substances or a distribution charge.
What Are Psychedelic Mushrooms?
Psychedelic mushrooms, also known as shrooms, contain the hallucinogenic substance psilocybin, and originated from Central America, Mexico, and the US. They are often grown recreationally by people who want to enjoy mushrooms to get high. The hallucinogenic aspects of magic mushrooms are often akin to that of lysergic acid diethylamide or LSD.
The psilocybin substance is found in many varieties of mushrooms and can have a powerful effect on the human brain. Psilocybin can also be manufactured in a laboratory and then supplied to consumers. This process can circumvent the need to import mushrooms from outside the country.
Magic mushrooms affect the brain and body as a drug in the following ways:
- Visual and auditory hallucinations
- Falling asleep suddenly
- Lowered inhibitions
- Feelings of euphoria
- Breathing quickly
- Disorderly thinking
- Mood changes
- Hearing sounds and seeing colors that aren’t real
- Loss of muscle control
How psychedelic shrooms will affect you depends on many factors:
- The type, size, and weight of the mushroom in your personal possession
- How much you consumed
- Whether you took other drugs at the same time
- Whether you’re used to taking mushrooms
- Mushroom potency (depends on the type)
The effects of shrooms usually occur within about 30-60 minutes if eaten, or quicker if the substance is in liquid or tea. Effects may last for four to six hours. Many people who use mushrooms report that the sensation is similar to LSD but less intense and shorter. The psilocybin in the drug affects your perception of colors, sounds, and objects, and emotions and feelings may be stronger than normal.
Are Psilocybin Mushrooms Legal Under Florida Law?
There has been considerable medical research conducted on psychedelic mushrooms over the decades. Many doctors believe shrooms can be used safely for a variety of mental health conditions, such as PTSD and depression. However, the law has a different take on the matter.
A federal law called the Controlled Substances Act states that mushrooms are Schedule I controlled substances at the federal level. This means they cannot be used legally for medical or recreational uses. While Colorado and Oregon allow mushrooms and cannabis for medical or recreational use, that is not how it is in Florida. You still can be charged with possessing a controlled substance if you have psychedelic mushrooms on you, but there are unclear areas under the law that we explore further below.
For one, there is a special type of shroom grown in the state known as P. tampanenis. It is also known as the ‘philosopher’s stone’ and occupies a bit of a gray area under state law. Most likely, possessing this type of mushroom will also be considered Schedule I drug possession, so you should always contact a skilled defense attorney if you’re been arrested. Note that the quantity of substance needed for a felony charge is small. Thus, you should always retain an experienced attorney, even if you were arrested with only one mushroom.
Florida Supreme Court Decision On Magic Mushrooms
There was a case in Florida in 1978 called Fiske v. State that adds an interesting twist to any drug case involving mushrooms. Some Floridians believe that Fiske v. State means that possessing mushrooms in the state is legal. However, that is not the case. Rather, Fiske says that criminal intent must be present to commit a crime. The ruling holds that you might not know which natural product contains illicit psilocybin. For example, it’s possible you could have gone picking wild mushrooms. If the mushrooms have psilocybin in them without your knowledge, is that against the law? Perhaps, but perhaps not.
What To Do If Arrested For Possessing Mushrooms
If you’re arrested for possessing psychedelic mushrooms or marijuana for recreation or medical conditions, there are critical steps to take to protect your rights. First, you should say as little as possible to the police and don’t admit anything. Instead, contact criminal defense attorney Julian Stroleny, who will advise on the next steps regarding drug laws and other matters.
Remember, when arrested for possessing mushrooms, you have the right to stay silent, and exercising that right cannot be used against you. Once in jail, you can call your attorney. While you can and should give the police your name and address, don’t feel obligated to share more than that.
Speak to Our Florida Criminal Defense Attorney Now
A Miami criminal defense attorney can help if you’ve been charged with possessing magic mushrooms or another drug like cannabis. The law for possessing mushrooms is complicated, and you need excellent legal representation. Contact Miami criminal defense attorney Julian Stroleny at (786) 481-4129 for a complimentary consultation.
Attorney Stroleny has a fierce reputation as a South Florida criminal defense attorney, has been named a Florida Super Lawyer, and has a 10.00 Avvo rating for people charged with drug possession. He will review the controlled substances charges against you and outline your best legal options. Your drug crime attorney can provide the best legal relief for your situation for various drug charges, including shrooms and marijuana possession.