Marijuana Got Rescheduled. Is Psilocybin Next?

What the marijuana order did

In April 2026, the DEA issued a final order moving marijuana out of Schedule I. Lawyers who follow psychedelics were quick to point out what it didn't do: the order doesn't cover psilocybin, MDMA, ibogaine, or any other psychedelic, all of which remain Schedule I.¹

It still matters for psilocybin. The marijuana process showed the federal government can move a substance out of Schedule I when evidence and public opinion line up, and the arguments it relied on, about therapeutic benefit and the mismatch between Schedule I and real medical use, apply directly to psilocybin. State medical programs were part of the federal health review that supported the marijuana decision, too.¹

Road one: the petition

Psilocybin already has a rescheduling petition in the system. Dr. Sunil Aggarwal, a Washington palliative care physician who wanted to give psilocybin to terminally ill patients, petitioned to move it to Schedule II. After years of refusals and litigation, the DEA sent the petition to HHS for scientific and medical review in August 2025.² If HHS recommends rescheduling, the DEA would start a formal rulemaking with public comment. That road is real, and it's slow.

Road two: FDA approval

The faster route runs through a specific product. When the FDA approves a drug containing a Schedule I substance, federal law requires the DEA to issue an interim scheduling rule within 90 days.³ That's the path for Compass Pathways' synthetic psilocybin, COMP360, whose FDA application is expected to be complete in Q4 2026. Under that path, the approved product moves to a lower schedule, while psilocybin mushrooms stay in Schedule I.³

A Johns Hopkins analysis using the Controlled Substances Act's own criteria suggested Schedule IV would be appropriate for medical psilocybin.⁶

States getting ready

Some states aren't waiting. In April 2026, Virginia enacted a trigger law: once the FDA approves a psilocybin product and the DEA reschedules it, Virginia's Board of Pharmacy will reschedule that product to match. It covers clinical use only.⁴ Colorado, New Jersey, and others have passed or advanced related measures in 2026, mostly around research and supervised treatment.⁵

Other signals

The DEA set its 2026 production quota for psilocybin used in research at 50,000 grams, up from 30,000 grams in 2025.³ An April 2026 executive order also directed the DEA to move quickly on psychedelic treatments that complete Phase 3 trials. Neither changes the law on its own, but both suggest the federal posture is shifting.

What it means for you

Even if COMP360 is approved and rescheduled in 2027, growing, buying, or possessing magic mushrooms will still be illegal federally. What changes is that doctors could offer a regulated psilocybin treatment in a clinic. For where things stand today, see psilocybin laws by state.

Sources

1. National Law Review. What the marijuana rescheduling order means for psychedelics. May 13, 2026. natlawreview.com
2. The Guide. Psilocybin is one step closer to federal rescheduling. 2025. beehiiv.com
3. Mind Medicine Law. U.S. federal law explainer: the Controlled Substances Act and psychedelics. 2026. mindmedicinelaw.com
4. HealingMaps. The first psilocybin clinics will probably be Spravato clinics. 2026. healingmaps.com
5. Unlimited Sciences. Psychedelic policy is changing across the U.S.: what states are doing in 2026. unlimitedsciences.org
6. Johnson MW, et al. The abuse potential of medical psilocybin according to the 8 factors of the Controlled Substances Act. Neuropharmacology. 2018. doi.org/10.1016/j.neuropharm.2018.05.012

This article is for education only and is not medical or legal advice. Psilocybin is a Schedule I substance under U.S. federal law. Talk with a licensed clinician before making decisions about your health. In a crisis, call or text 988.