Magic Mushrooms Near MePsilocybin laws, access and news

DEA proposes adding five tryptamine psychedelics to Schedule I

On September 23, 2026, the DEA proposed placing five tryptamine psychedelics in Schedule I, including one tied to a drug the FDA has given Breakthrough Therapy designation. Comments and hearing requests are due October 23, 2026, and psilocybin is not affected.

Published by the Magic Mushrooms Near Me editorial team, with 7 cited sources.

On this page
  1. What the DEA proposed
  2. The DEA tried this in 2022
  3. Why critics see a conflict with the FDA
  4. What it means for psilocybin
  5. Sources

The Drug Enforcement Administration (DEA) published a proposed rule on September 23, 2026 to place five tryptamine psychedelics in Schedule I: 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT. The proposal (Docket DEA1715, 91 FR 60338) follows a recommendation from the Department of Health and Human Services (HHS) on April 2, 2026. Comments and requests for a hearing are due October 23, 2026. The rule does not affect psilocybin.

What the DEA proposed

Published
September 23, 2026 (91 FR 60338)
Docket
DEA1715
Substances
4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET, DiPT
Proposed schedule
Schedule I
HHS recommendation
April 2, 2026
Comments and hearing requests due
October 23, 2026

If the rule is finalized, the five compounds would join psilocybin and psilocyn in Schedule I, the federal category where both are already listed. The full proposal is in the Federal Register notice linked in the sources below.

The DEA tried this in 2022

This isn't the first attempt. In 2022 the DEA proposed a near-identical rule, then withdrew it after it received hearing requests. The new proposal again gives the public until October 23, 2026 to file comments and ask for a hearing, so the step that came before the 2022 withdrawal, hearing requests, is open again this month.

Why critics see a conflict with the FDA

One of the five compounds, 4-OH-DiPT, is tied to a drug in active development. Reunion Neuroscience's luvesilocin (RE104) is a prodrug of 4-OH-DiPT, meaning the body converts it into that compound, and it's described as a psilocybin-like tryptamine. The FDA granted luvesilocin Breakthrough Therapy designation for postpartum depression, announced February 23, 2026. Its Phase 2 RECONNECT trial met its primary endpoint, a change in the MADRS depression scale at day 7 (p=0.0094), and Reunion expects a pivotal Phase 3 trial to start in 2026.

Critics framed the proposal as the DEA working against the federal push to speed up psychedelic medicine, Marijuana Moment reported. That push includes a White House executive order signed April 18, 2026. It directs the FDA to award national priority vouchers to psychedelic drugs that hold Breakthrough Therapy designation and meet the program's criteria, and directs the Attorney General to review Schedule I products that have completed Phase 3 trials, with the aim of rescheduling them once the FDA approves them. In September 2026, FDA leaders also published a framework in the New England Journal of Medicine saying the agency is open to new trial designs for psychedelic drugs.

What it means for psilocybin

Psilocybin and magic mushrooms are not part of this proposal. Psilocybin remains a Schedule I hallucinogen (DEA code 7437), as does psilocyn (code 7438), and we found no proposed or final DEA rule to reschedule psilocybin in 2026. Compass Pathways, which is finishing an FDA application for its synthetic psilocybin drug COMP360, has said a commercial launch would need DEA rescheduling after FDA approval; our Compass COMP360 timeline explains where that stands.

The proposal doesn't change any state's psilocybin rules either. For what's legal, decriminalized or banned where you live, see our state-by-state law tracker, and for the latest trial results, see our psilocybin research page.

Sources

  1. DEA proposed rule to place five tryptamines in Schedule I (91 FR 60338), Federal Register, September 23, 2026.
  2. DEA moves to ban several psychedelics as FDA takes steps to accelerate legal access to therapies, Marijuana Moment, September 23, 2026.
  3. U.S. FDA grants Reunion Neuroscience's luvesilocin (RE104) Breakthrough Therapy designation status, BioSpace/GlobeNewswire, February 23, 2026.
  4. 21 CFR 1308.11, Schedule I, eCFR, current as of October 16, 2026.
  5. Accelerating Medical Treatments for Serious Mental Illness (Executive Order 14401), The White House, April 18, 2026.
  6. FDA to consider innovative approaches to psychedelic drug development, RAPS, September 10, 2026.
  7. Compass Pathways second quarter 2026 results (Form 8-K exhibit), U.S. Securities and Exchange Commission, August 5, 2026.