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Oct 5, 2026 Regulatory

The DEA Wants to Schedule I 5 Tryptamines. One Already Has FDA Breakthrough Therapy Status.

One week after the FDA's historic public hearing on psychedelics — the one that drew over 1,800 registrants — the DEA published a proposed rule doing close to the opposite: placing five tryptamines in Schedule I. The compounds are 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET, and DiPT, published in the Federal Register Sept 23, 2026, with public comments due Oct 23.

The DEA's own cited evidence is thin: 518 law enforcement encounters and 65 poison-center exposure cases across an 18-year span (2003–2021), with zero deaths reported from single-substance exposures. The agency's filing even acknowledges the FDA found "no diversion from research or legitimate manufacturing." This is the DEA's second attempt at scheduling these specific compounds — it withdrew a similar effort in 2022 after public and legal pushback.

The real collision: one of the five, 4-OH-DiPT, is the parent compound behind Reunion Neuroscience's luvesilocin (RE104) — a patented prodrug that the FDA granted Breakthrough Therapy Designation for postpartum depression back in February 2026, on the strength of a Phase 2 trial where 70% of patients on the 30mg dose were in remission at both Day 7 and Day 28. Reunion is now working with the FDA on a single pivotal Phase 3 trial — funded privately after MPM BioImpact took the company off Nasdaq in a 2023 buyout, so there's no public ticker to watch this through. A Schedule I listing for the parent compound wouldn't necessarily halt luvesilocin's own development path, but it sets up a direct tension between two federal agencies moving in opposite directions on the same chemical scaffold.

"Schedule I has become the default for the DEA for any substance that is not FDA-approved," said Robert Rush of the Rights and Reason Project, calling out the contradiction directly: "We have the FDA attempting to move forward a promising new treatment while the DEA is doing everything they can to obstruct." MAPS's Ismail Ali put it more simply: "These five lesser-known psychedelic substances don't belong in Schedule I."

Read at Marijuana Moment