Florida is the only state where psilocybin mushrooms are not illegal, owing to a decision in Fiske vs Florida by the state Supreme Court in 1978. The defendant picked wild mushrooms containing psilocybin but claimed he didn’t know what they were when he picked them. The court found that mushrooms could not be considered a “container” for psilocybin based on how the law is written. The law does not specifically state that psilocybin mushrooms are illegal, only the chemical.
Florida Court Rules Psilocybin Mushrooms Are Not a ‘Container’ for Psilocybin Based on How the Law is Written
Florida Supreme Court rules psilocybin mushrooms are not illegal because they can't be considered a "container" for psilocybin based on how the law is written.