Indiana Court Rules Florida v. Fiske Does Not Apply Because Defendant Knew Mushrooms Contained Psilocybin

Indiana Court of Appeals rules that Florida v. Fiske does not apply in the case of a man found with dried psilocybin mushrooms because the defendant knew they contained psilocybin.

June 1995

In Bemis v. State, the defense argued that because Indiana law only mentions psilocybin and not mushrooms, the law was unconstitutionally vague as shown in Florida v Fiske. The case went to Indiana Court of Appeals which ruled Florida v Fiske did not apply because the defendant knew the mushrooms contained psilocybin.