DEA's five-tryptamine proposal: comments closed with 267 posted, and no hearing notice yet
Public comments on the Drug Enforcement Administration's proposal to place five synthetic tryptamines in Schedule I closed on October 23, 2026, and 267 submissions are posted to the federal docket as of November 2. No hearing notice or final rule has appeared in the Federal Register.
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What's new since the docket closed
As of November 2, 2026, Regulations.gov shows 267 public submissions posted to docket DEA-2026-1585, and 139 of them were posted between October 19 and November 2.1 Posted counts reflect what the docket displays publicly, so they can lag or differ from what the agency received.
The comment period ran from September 23 to October 23, 2026. The electronic docket stopped accepting comments at 11:59 p.m. Eastern Time on October 23, and late comments aren't allowed.24 A search of the Federal Register for documents from the Drug Enforcement Administration published October 1 through November 2, 2026, returns 37 items, none of them a hearing notice or a final rule on these substances.3
What the proposal would do
The proposed rule, 91 FR 60338, published September 23, 2026, would 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.4 The agency says the Department of Health and Human Services recommended Schedule I control in an April 2, 2026 letter, after weighing the eight factors the law requires.4
The proposal says law enforcement initially encountered these substances between 2003 and 2009, according to the NFLIS-Drug laboratory system, in forms including powder, tablets, capsules, liquid and blotter paper, and that they "are generally purchased from internet-based companies in addition to being purchased from dealers."4 It names psilocyn, "the active metabolite of psilocybin," as a tryptamine already in Schedule I; the rule wouldn't change the status of psilocybin or psilocyn.4
This is the second try. DEA proposed the same five substances on January 14, 2022, announced a hearing on July 6, 2022, and then withdrew both on July 27, 2022 to ask HHS for an updated evaluation.45 See the almanac's timeline for the federal background.
The process differs from an ordinary rulemaking. Scheduling is a formal rulemaking "on the record after opportunity for a hearing." Requests for a hearing, or waivers, were also due October 23, and the DEA Administrator decides whether a hearing is needed.4
What it would mean in Washington
Washington's drug schedules can follow federal scheduling after a short wait. Under RCW 69.50.201, when a substance is designated as controlled under federal law, the state's Pharmacy Quality Assurance Commission "shall similarly control the substance" after thirty days from the Federal Register publication of a final order, unless the commission or an interested party objects within that time.67
None of the five is listed by name in Washington's Schedule I statute, RCW 69.50.204, or in the commission's Schedule I rule, WAC 246-945-051, as we read them on November 2, 2026. Psilocybin and psilocyn are already in the statute's list, as is a related tryptamine, 5-MeO-DIPT.89 So a final federal rule would be the trigger for state control of the five, not a change for psilocybin itself. For psilocybin's own legal history, see the almanac's history and myths checked entries.
Sources
- Comments on docket DEA-2026-1585. Regulations.gov. Totals and posting-date counts checked November 2, 2026.
- Docket DEA-2026-1585 and document DEA-2026-1585-0001. Regulations.gov. Checked November 2, 2026.
- Federal Register API: Drug Enforcement Administration documents published since October 1, 2026. Office of the Federal Register. Checked November 2, 2026.
- Schedules of Controlled Substances: Placement of 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT Into Schedule I (proposed rule). Drug Enforcement Administration, 91 FR 60338, September 23, 2026. FR Doc. 2026-19400.
- Withdrawal of Proposed Rule and Notice of Hearing. Drug Enforcement Administration, 87 FR 45076, July 27, 2022.
- RCW 69.50.201: Enforcement of chapter, authority to change schedules of controlled substances. Washington State Legislature.
- RCW 69.50.101: Definitions ("Commission" means the pharmacy quality assurance commission). Washington State Legislature.
- RCW 69.50.204: Schedule I. Washington State Legislature. Read November 2, 2026.
- WAC 246-945-051: Schedule I. Washington State Legislature, Washington Administrative Code. Read November 2, 2026.
Related entries
Psilocybin in Seattle and Washington: a dated timeline, 1937 to 2026140 dated events from 1937 to 2026: the law, the science, the research and the culture, each with its source.
Magic mushrooms in Seattle: myths checked against the recordEighteen claims about psilocybin in Seattle, each checked against statutes, council records and studies.
A history of magic mushrooms in SeattleFrom a 1964 mushroom society and a species named on the UW campus to the city and county votes of 2021 to 2026.
Compiled and checked by the Magic Mushrooms Seattle editors. Every fact on this page is dated and links to its source. Found an error? Tell us and we'll correct it in the open, as our editorial standards describe. Magic Mushrooms Seattle is published by the team that runs My Mushroom Dispensary, an online shop. We sell no advertising and nothing on this site.