DEA proposes Schedule I for five synthetic tryptamines, leaving psilocybin where it is

What happened?

The Drug Enforcement Administration published a notice of proposed rulemaking in the Federal Register on September 23, 2026 (91 FR 60338, Docket No. DEA1715). It proposes placing five substances in Schedule I: 4-hydroxy-N,N-diisopropyltryptamine (4-OH-DiPT), 5-methoxy-alpha-methyltryptamine (5-MeO-AMT), 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT), 5-methoxy-N,N-diethyltryptamine (5-MeO-DET) and N,N-diisopropyltryptamine (DiPT). Comments and hearing requests were due on or before October 23, 2026.¹

This is a new proposal, not the old one revived. According to the notice, DEA proposed scheduling these substances on January 14, 2022 and noticed a hearing that July, then withdrew both on July 27, 2022. DEA asked the Department of Health and Human Services for an updated evaluation in November 2023; HHS sent it on April 2, 2026, and DEA updated its eight-factor analysis in May 2026. The notice was signed September 11, 2026.²

The proposal does not change the status of psilocybin or psilocin. The notice mentions them only as substances already in Schedule I, for comparison.² HealingMaps summed it up the same way: psilocybin, MDMA, ketamine and 5-MeO-DMT are unaffected.⁴

The notice cites a cumulative 518 encounters of the five substances by US law enforcement, with no time frame given. It also cites HHS's review of poison center data: 65 exposure cases from January 1, 2003 to December 31, 2021 involving one or more of the five, and none of the single-substance cases resulted in death.² MedPath reported that 4-OH-DiPT is the parent compound of luvesilocin, a drug candidate for postpartum depression with FDA Breakthrough Therapy designation.³

Why does it matter if you're looking for a mushroom dispensary?

This federal scheduling proposal tightens control rather than loosening it, and psilocybin stays exactly where it was: in Schedule I, alongside psilocin.⁵ Nothing in federal law has made selling psilocybin mushrooms legal, as our guide to whether mushroom dispensaries are legal explains.

It also matters for what's in shop products, but carefully. No source we found links these five compounds to products sold in storefront "mushroom dispensaries." Lab tests have found other synthetic tryptamines in shop products, though. Denver7 reported in January 2026 on lab tests of "psychedelic" chocolate bars that Denver health inspectors seized from six retailers: of three samples, one held psilocybin only, one held psilocybin mixed with synthetic tryptamines, and one held only synthetic tryptamines (4-HO-MET, 4-HO-DET and 4-AcO-DET), none of them on the label.⁶ None of those three is among the five in the DEA proposal. Our guide to what testing found in shop gummies and chocolates covers those findings.

What happens next?

DEA reviews the comments. If anyone requested a formal hearing by October 23, a hearing would come before any final rule; we have not confirmed whether anyone did or how many comments were filed. A final rule would be the next step, and no date has been announced. We'll update this post when DEA acts.