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. He says he is preparing to repeal laws banning psilocybin while planning to establish more branches of Chillum. A Florida state legislature plans to introduce a bill as early as next week that would legalize psilocybin-assisted therapy in the state. 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. Although psilocybin and psilocin have long been on the list of controlled substances in Switzerland, mushrooms themselves were only explicitly banned in 2002, first by the Swiss Agency for Therapeutic Products and then by a revision of the Narcotics Act in 2008.
Until 2002, magic mushrooms were readily available in Switzerland and, according to a Swiss medical authority, their ban was aimed at preventing their growing popularity in the country. However, some local health and judicial authorities have criticized the ban on magic mushrooms, as surveys have shown that it has had little impact on reducing their consumption in the country.   In Florida, access would be limited to individuals diagnosed with a mental illness. In Florida, that would mean legal access to mushroom-assisted therapy for veterans with PTSD — and there are at least 1.5 million military veterans in the state, the third-highest number in the U.S. behind California and Texas. New bills would decriminalize mushrooms and examine their health benefits. This infamous Florida Supreme Court case is one of the reasons 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. In Florida, drug laws are pretty strict.
Even marijuana use is punishable by severe penalties. Many studies report that magic mushrooms work against depression, addiction, post-traumatic stress disorder (PTSD) and cluster headaches. Although on paper, psilocybin (the psychedelic agent found in magic mushrooms, or “mushrooms”) is illegal in the state of Florida. In action, the law is a little greyer. As you know, mushrooms containing the above substances are collected and used for their hallucinogenic effect. Under international law, no plants (natural products) containing psilocin and psilocybin are currently controlled under the 1971 Convention on Psychotropic Substances. Therefore, preparations derived from these plants are not subject to international control and therefore do not fall within the scope of the articles of the 1971 Convention [emphasis added]. Criminal cases are decided by reference to national law, which may otherwise provide for controls on mushrooms containing psilocin and psilocybin.
Since the Council can only comment on the contours of the international drug conventions, I am not in a position to comment on the dispute in question. 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. As recreational marijuana use becomes widely available in more states, advocates like Hermida are now pushing for psychedelics to become more accessible, at least for medical purposes. A CBC report revealed that magic mushroom pharmacies in Vancouver, Canada, were operating openly as police decided not to restrict daily use in support of opioid traffickers.