DEA proposes adding five tryptamine hallucinogens to Schedule I

What DEA proposed

The proposed rule, 91 FR 60338 (Docket No. DEA1715), runs from page 60338 to 60347 of the Federal Register of September 23, 2026.¹ It would place five tryptamines in Schedule I, including their salts, isomers and salts of isomers.²

This is formal rulemaking "on the record after opportunity for a hearing" under 21 U.S.C. 811(a). Interested persons could request a hearing, or a waiver of one, under 21 CFR 1308.44. Comments had to be submitted electronically or postmarked by October 23, 2026; the electronic docket closed at 11:59 p.m. Eastern Time.¹²

DEA's second attempt

DEA proposed the same five substances on January 14, 2022 (87 FR 2376) and announced a hearing on July 6, 2022 (87 FR 40167). It withdrew that proposal on July 27, 2022 (87 FR 45076) to seek an updated evaluation from the Department of Health and Human Services (HHS). DEA asked for the update on November 16, 2023, and HHS provided it on April 2, 2026.²

In the new notice, DEA cites a cumulative 518 law enforcement encounters of the five substances in its National Forensic Laboratory Information System (NFLIS-Drug) data. It also says no poison center case involving one of these substances alone resulted in death, while noting, as HHS did, that the national poison center database "only captures a small fraction of exposures resulting in death".²

What it doesn't change

Psilocybin and psilocin are already in Schedule I, listed in 21 CFR 1308.11(d) with DEA drug codes 7437 and 7438.³ The proposal leaves their federal status as it is.

Why it matters if you read labels or potency claims

4-OH-DiPT shares psilocin's 4-hydroxy tryptamine core, with two isopropyl groups where psilocin (4-hydroxy-N,N-dimethyltryptamine) has two methyl groups.¹⁴ DEA says the five substances are "generally purchased from internet-based companies in addition to being purchased from dealers", as powder, tablets, capsules, liquid or blotter paper.² That is why their status bears on what a substituted or unlabeled product might contain. Our page on psilocybin vs psilocin explains how the natural compounds relate.

Synthetic tryptamines have already turned up in products sold as "mushroom". FDA's testing during the Diamond Shruumz investigation found acetylpsilocin (4-AcO-DMT) in 9 chocolate bars, 5 cones and 14 gummies.⁵ A 2025 study of eight gummy products bought at seven smoke and vape shops in Portland, Oregon found 4-AcO-DMT in six of them, plus other tryptamine relatives.⁶ 4-AcO-DMT is not one of the five in this proposal. Colorado's regulated program treats any 4-AcO-DMT, or any synthetic or chemically converted tryptamine, found in testing as a failed test.⁷

The practical point for anyone reading a potency number: a psilocybin figure says nothing about other tryptamines a product may hold. Our guides to capsule labels and poisonings from mislabeled products cover what testing does and doesn't catch.