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DEA proposes Schedule I for five tryptamines, none of them psilocybin

On Sept. 23, 2026 the DEA proposed adding five tryptamine hallucinogens to Schedule I, and the comment period closed Oct. 23. Psilocybin and psilocin aren't part of the proposal: both are already in Schedule I under federal and Nevada law.

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By the Mushrooms Las Vegas desk

What did the DEA propose?

The DEA published a proposed rule to place five tryptamine hallucinogens in Schedule I of the Controlled Substances Act: 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT, with their salts and isomers. Their full names are 4-hydroxy-N,N-diisopropyltryptamine, 5-methoxy-alpha-methyltryptamine, 5-methoxy-N-methyl-N-isopropyltryptamine, 5-methoxy-N,N-diethyltryptamine and N,N-diisopropyltryptamine.1 If finalized, anyone who makes, distributes, researches or possesses them would face the controls and criminal penalties that apply to Schedule I drugs.1

Comments and requests for a hearing were due by Oct. 23, 2026, in docket DEA1715.1

Is psilocybin affected?

No. Psilocybin and psilocin are not in this proposal, because they're already Schedule I. The DEA's controlled substances list dated Oct. 21, 2026 shows psilocybin (code 7437) and psilocyn (code 7438) in Schedule I, each described as a constituent of "magic mushrooms."2 The proposal mentions psilocybin and psilocyn only as comparisons: it says the five compounds are expected to have effects and risks similar to Schedule I hallucinogens such as psilocyn, DMT and LSD.1 Nothing in it changes the status of mushrooms.

Why these five, and why now?

This is the DEA's second attempt. It first proposed the same move on Jan. 14, 2022, announced a hearing that July, then withdrew both on July 27, 2022 so it could ask HHS for an updated scientific review. The DEA made that request on Nov. 16, 2023, and HHS recommended Schedule I for all five in a letter dated April 2, 2026.1

The evidence the DEA cites:1

  • A cumulative total of 518 encounters of the five by U.S. law enforcement in the national forensic lab database (queried April 7, 2026), in several states and the District of Columbia.
  • 65 exposure cases reported to U.S. poison centers from 2003 to 2021, mostly with minor to moderate effects. No single-substance case resulted in death, though HHS notes poison center data capture only a small share of deaths.
  • Encounters in powder, tablet, capsule, liquid and blotter-paper form, with the substances generally bought from internet-based companies as well as from dealers. None of the five is an approved medicine.

What does it mean in Nevada?

Nevada keeps its own Schedule I list in the Board of Pharmacy's regulations, NAC 453.510. It names psilocybin and psilocin, and it also names 4-AcO-DMT, a related compound listed there with the other names psilacetin and O-acetylpsilocin.3 The Board's 2026 regulation R038-26, which adds synthetic opioids to Schedule I, restates the list with those entries.4 None of the five tryptamines in the DEA proposal appears by name in NAC 453.510 as the Legislature publishes it.3

A state law sets out how Nevada follows a final federal rule. Under NRS 453.2182, when a substance is added to a federal schedule, the Board "shall similarly treat the substance" once 60 days have passed after the final order is published in the Federal Register, unless the Board or an interested party objects within those 60 days. With no objection, the Board adopts the change without its usual findings; with one, it must make its own determination first.5

This post describes the rules; it isn't legal advice, and whether a particular product is legal isn't settled by reading a list. Anyone facing a charge should talk to a Nevada criminal defense lawyer. Our guides to mushroom gummies and Las Vegas "mushroom" shops cover what federal testing has found in "mushroom" products, including ones sold in Nevada, and the Nevada law page has the penalties. If someone is sick after taking an unknown product, call Poison Control at 1-800-222-1222, or 911 in an emergency.

What happens next

  • The DEA Administrator decides whether a hearing is needed. If one is, the DEA will publish a notice of hearing in the Federal Register.1
  • If the DEA goes ahead, a final rule would appear in the Federal Register. Its publication would start Nevada's 60-day period under NRS 453.2182.5
  • We'll update this post if a hearing notice or final rule is published.

Sources

  1. Schedules of Controlled Substances: Placement of 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT Into Schedule I. Drug Enforcement Administration, notice of proposed rulemaking, Federal Register, 91 FR 60338, Sept. 23, 2026.
  2. Controlled Substances, Alphabetical Order. Drug Enforcement Administration, Diversion Control Division, list dated Oct. 21, 2026.
  3. NAC 453.510, Schedule I. Nevada Administrative Code, chapter 453, Nevada Legislature, checked Nov. 2, 2026.
  4. Adopted Regulation of the State Board of Pharmacy, LCB File No. R038-26. Nevada Register of Administrative Regulations, 2026.
  5. NRS 453.2182, treatment by Board when substance is designated, rescheduled or deleted under federal law. Nevada Revised Statutes, chapter 453, Nevada Legislature.

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Written and checked by the Mushrooms Las Vegas desk. Every figure on this page links to its source. Found an error? Tell us and we'll correct it in the open, as our editorial standards describe. Mushrooms Las Vegas is published by the team that runs My Mushroom Dispensary, an online shop. We sell no advertising.