Treasure Coast mushrooms are illegal in Florida, in the rest of the United States under federal law, in the Netherlands and in most other countries, because they contain psilocybin and psilocin. The rules for spores and grow kits differ more. Since 1 July 2025 Florida has made it an offence to sell spores or bring them into the state. In the Netherlands grow kits and spores are legal to buy, and the mushrooms become illegal as soon as they appear. Checked on 16 October 2026; this page is information, not legal advice.
Overview
| Place | The mushrooms | Spores and grow kits | Source |
|---|---|---|---|
| Florida | psilocybin and psilocyn are Schedule I | selling, importing, transporting or giving away spores or mycelium is a misdemeanour since 1 July 2025 | Fla. Stat. 893.03, 500.75 |
| United States, federal | Schedule I | spores contain no psilocybin and are not listed; state law can be stricter | 21 CFR 1308.11 |
| Netherlands | Opium Act List II since 1 December 2008 | kits and spores legal to buy; mushrooms illegal once they appear | Opium Act, Trimbos |
| United Kingdom | Class A since 18 July 2005, fresh or prepared | producing mushrooms is an offence | Drugs Act 2005, s. 21 |
| Germany | Narcotics Act, Annex I | covers fungi and material to grow them when intended for intoxication | BtMG Annex I |
Florida: the strain's home state
Florida lists psilocybin and psilocyn among the hallucinogens in Schedule I of its drug law, section 893.03(1)(c) of the Florida Statutes. Possessing them without authorisation is a criminal offence.
In 2025 the state closed the gap that spores used to fill. Section 500.75, added by chapter 2025-22 of the Laws of Florida (approved by the governor on 15 May 2025, in force on 1 July 2025), reads: "It is unlawful to transport or offer to transport, import into this state, sell or offer for sale, furnish, or give away spores or mycelium capable of producing mushrooms or other material which will contain a controlled substance, including psilocybin or psilocyn, during its life cycle." A violation is a first-degree misdemeanour. For a Treasure Coast culture, the state it is named after now restricts its spores more than federal law does.
The 1978 wild mushroom case
Florida is often described online as a state where wild magic mushrooms are legal. That claim rests on Fiske v. State, decided by the Florida Supreme Court on 21 December 1978 (CourtListener). The defendant was arrested coming out of a field in Collier County, near a bag of wild mushrooms. The statute at the time named the chemical psilocybin and not the mushrooms, and the court held that it could not be applied to him, because it gave no fair warning that picking these mushrooms was covered. It reversed his conviction.
The case is narrow. It did not make psilocybin legal, it did not deal with cultivated mushrooms or with someone who knows what the mushrooms contain, and it did not touch the 2025 spore law. It is not a basis for picking, growing or selling.
The United States, federal law
Under federal law psilocybin and psilocyn are Schedule I hallucinogens (21 CFR 1308.11). Spores contain no psilocybin; a laboratory study of P. cubensis found no tryptamines in them (Gotvaldová et al., 2021), which is why they are not on the federal list. States add their own rules. Florida's 2025 law is one example; California's Health and Safety Code section 11390 makes cultivating spores with intent to produce psilocybin an offence.
The Netherlands: kit legal to buy, mushrooms not
Since 1 December 2008, mushrooms that naturally contain psilocin or psilocybin are on List II of the Opium Act, and the list names Psilocybe cubensis (Opium Act; Staatsblad 2008, 486). Treasure Coast is a cubensis cultivar, so it is covered, fresh or dried.
Grow kits are a different matter. The Trimbos Institute writes that containers for growing psychedelic mushrooms can still be bought legally in the Netherlands, because you are not buying mushrooms, and that the mushrooms are illegal as soon as they come up above the surface (Trimbos, drugsinfo.nl). Spores are not on the Opium Act lists. So buying the Treasure Coast kit or spores is legal; growing mushrooms from them is not.
The Public Prosecution Service regards up to 5 grams of fresh or 0.5 grams of dried mushrooms as a user quantity and in principle does not prosecute possession up to that amount (OM guideline). A prosecution guideline is not permission. Driving under the influence of a substance that impairs driving is prohibited under article 8 of the Road Traffic Act.
The United Kingdom and Germany
In the UK, section 21 of the Drugs Act 2005 put any fungus containing psilocin or an ester of psilocin in Class A of the Misuse of Drugs Act, in force since 18 July 2005, whether fresh or prepared (legislation.gov.uk). A kit that fruits produces a Class A drug.
In Germany, psilocin and psilocybin are in Annex I of the Narcotics Act (BtMG). The annex also covers fungi containing them and biological material suitable for growing them, when misuse for intoxication is intended (BtMG Annex I). Spores and kits bought to grow magic mushrooms fall under that wording.
Ordering from the Netherlands
Dutch shops ship kits and spores abroad, but the law that applies is the law where the parcel arrives and where it would be used, including import rules. A product that is legal to sell in the Netherlands does not become legal in Florida, the UK or Germany by being posted from there. This site does not recommend ordering, importing or growing anywhere it is against the law. The products below are for adult buyers in the Netherlands.
Treasure Coast XXL - 2100cc Mushroom Grow Kit
View at Dutch-Smart
Treasure Coast - Sporen Ampoule | 10 ml
View at Dutch-Smart
More: the grow kit and spores, wild cubensis in Florida and potency facts.