So called 'magic mushrooms' are fungi which contain the psychedelic substance psilocybin. Magic mushrooms are used in the United States as well as other parts of the world as a recreational drug and are also known as shrooms and mushies. Magic mushrooms themselves are not illegal under federal law, but the active ingredient psilocybin is, says Florida criminal defense attorney Johm Musca.
Florida law, however, has created a unique exception with regard to its drug laws governing magic mushrooms. Under Florida it is not illegal to possess a magic mushroom provided that it has been freshly picked and the person did not know it contained psilocybin. The law in
Florida was determined in a Florida Supreme Court case known as Fiske v. State. In that case the state of Florida had attempted to prosecute Robert Fiske for possessing freshly picked mushrooms. The Florida Supreme Court noted that the state legislature had not specified that all psilocybin mushrooms were illegal, but had merely banned the active ingredient of psilocybin. It held that the Florida drug law did not place a reasonable person on notice that magic mushrooms were per se illegal. The Supreme Court created the additional requirement that the state prove that Fiske knew the mushrooms he possessed contained psilocybin.
The charge of psilocybin possession is still a felony in Florida if the state can prove the knowledge requirement. The Florida exception is in conflict with federal law which does not impose a knowledge requirement on the state to prove that the defendant possessed psilocybin. Federal law governing magic mushrooms also does not distinguish between fresh and dried mushrooms. The United States Supreme Court has previously held in a case concerning medical marijuana in California that the U.S. Congress has the right to create federal drug laws that override state laws.
