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Legal status of psychedelic drugs in the United States

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The legal status of psychedelic drugs in United States varies depending on the specific drug and jurisdiction in question. [1] [2] [3] [4]

Contents

Various major psychedelics, including DMT, psilocin, psilocybin, 5-MeO-DMT, mescaline, DOM, 2C-B, 25I-NBOMe, MDA, and LSD among others, are explicitly controlled substances. [1] [2] In addition, if intended for human consumption and "substantially similar", many psychedelics that are analogues of scheduled psychedelics may themselves also be considered controlled substances. [5] [6] [7]

The Controlled Substances Act (CSA) and U.S. Drug Enforcement Administration (DEA) regulate the legality of psychedelic drugs in the United States. [8] [9] [10] Almost all controlled psychedelic drugs in the country are Schedule I controlled substances as of 2026, with a few exceptions. [1] [9] [3]

List of controlled psychedelics

Psychedelic drugs and closely related compounds that are explicitly controlled substances in the United States at the federal level as of 2026 include: [1]

The arylpiperazine TFMPP was temporarily scheduled in 2002, but this expired in 2004 and was not renewed. [1] The amphetamine fenfluramine was also previously a controlled substance, but was unscheduled in 2022. [11]

Certain synthetic precursors, including phenylacetone (P2P) and lysergic acid, among others, are controlled substances as well. [1] Other regulated precursors include safrole, piperonal, MDP2P, ergocristine, ergonovine (ergometrine), and ergotamine, among others. [1]

Although not technically a serotonergic psychedelic, the oneirogen ibogaine, a constituent of Tabernanthe iboga and a compound structurally related to tryptamine psychedelics, is also an explicitly controlled substance in the United States. [1]

In addition to psychedelics being defined as controlled substances at the federal level, individual U.S. states, such as Alabama, may also make psychedelics controlled substances within their jurisdictions. [12] Conversely, state-level and lower jurisdictions may alternatively legalize or decriminalize psychedelics, for instance Colorado and Oregon and individual cities like San Francisco. [4] [3] [13] [10] [14] This can result in legal conflict and ambiguity at different levels of government, for example a given drug being illegal at the federal level but legal at the state level. [3]

Isomers of controlled psychedelics

In addition to explicitly controlled psychedelics, isomers of these compounds, for instance positional isomers, are controlled substances similarly under a new rule that became effective in 2008. [15] Some examples of compounds affected by this rule, as explicitly defined by the DEA, include the following: [1]

Others have not been explicitly noted by the United States DEA but may also be considered. [1] Examples include the DET isomers MPT and MiPT and the LSD isomers MiPLA and LAMPA, among others. [16]

Pending and withdrawn

In January 2022, the U.S. DEA proposed scheduling five additional psychedelic tryptamines, including DiPT, 4-HO-DiPT (4-OH-DiPT), 5-MeO-DET, 5-MeO-MiPT, and 5-MeO-AMT. [17] [18] However, they subsequently withdrew this proposal in July 2022. [19] [20] [21] This followed pushback and opposition from the psychedelic community and medical industry. [22] [23] [21] [20] [24]

In December 2023, the U.S. DEA proposed scheduling the DOx psychedelics DOC and DOI. [25] [26] [27] As of late 2025, despite opposition to this proposal as well, these drugs are poised to become controlled substances in the near future. [28] [27]

Federal Analogue Act

Under the United States Federal Analogue Act, compounds which are analogues of and "substantially similar" to Schedule I and Schedule II controlled substances may themselves be treated as Schedule I controlled substances. [5] [6] [7] [29] Consequent to this law, such substances may be considered illegal to sell, purchase, or possess. [6] [7] However, the law applies only if the compounds are intended for human consumption. [5] [6] [7] [29]

The Federal Analogue Act has been considered "void for vagueness" as the meaning of "substantially similar" is not precisely defined. [6] [30] [5] [7] [29] In addition, the law only applies to compounds explicitly intended for human consumption. [5] [7] [29] As a result, if compounds are not marketed this way, they can still be legally sold. [5] [29] This has resulted in such compounds being marketed as "research chemicals", "bath salts", "plant food", and "not for human consumption", even though they actually are intended for human use. [5] [31] [32] [7] [29] Such flaws have limited the law and led to calls for reform. [33] [7] [34] [29]

Exceptions

Peyote and ayahuasca, which contain mescaline and dimethyltryptamine (DMT), respectively, are exempt in certain spiritual or religious settings. [35] [3] [10]

A variety of notable psychedelics, including 4-AcO-DMT (psilacetin), 4-HO-MET, dipropyltryptamine (DPT), 5-MeO-MiPT, 5-MeO-AMT, 2C-EF, 2C-B-FLY, Bromo-DragonFLY, methallylescaline (MAL), ALD-52 (1A-LSD), 1P-LSD, ETH-LAD, and LSZ, among many others, are not explicitly controlled substances nor implicitly controlled isomers of scheduled psychedelics in the United States. [1] [36] [37] [38] [39] [40] [41] [2] However, these psychedelics and others could nonetheless be considered controlled substances if intended for human consumption under the Federal Analogue Act. [36] [37] [38] [39] [41]

See also

References

  1. 1 2 3 4 5 6 7 8 9 10 11 Orange Book: List of Controlled Substances and Regulated Chemicals (January 2026) (PDF), United States: U.S. Department of Justice: Drug Enforcement Administration (DEA): Diversion Control Division, January 2026
  2. 1 2 3 Shulgin, A.; Manning, T.; Daley, P.F. (2011). The Shulgin Index, Volume One: Psychedelic Phenethylamines and Related Compounds . Vol. 1. Berkeley: Transform Press. ISBN   978-0-9630096-3-0.
  3. 1 2 3 4 5 "Worldwide Psychedelic Laws". Psychedelic Alpha. 15 December 2021. Retrieved 20 January 2026.
  4. 1 2 "Psychedelics Legalization & Decriminalization Tracker". Psychedelic Alpha. Retrieved 20 January 2026.
  5. 1 2 3 4 5 6 7 Khey, David N.; Stogner, John; Miller, Bryan Lee (2014). "What Is Being Done About Emerging Drugs?". Emerging Trends in Drug Use and Distribution. Vol. 12. Cham: Springer International Publishing. p. 75–93. doi:10.1007/978-3-319-03575-8_5. ISBN   978-3-319-03574-1 . Retrieved 20 January 2026.
  6. 1 2 3 4 5 White CM, Browne T, Nafziger AN (August 2021). "Inherent Dangers of Using Non-US Food and Drug Administration-Approved Substances of Abuse". J Clin Pharmacol. 61 Suppl 2: S129–S141. doi:10.1002/jcph.1860. PMID   34396559. The Federal Analogue Act makes it illegal to sell, purchase, or possess drugs that are "substantially similar" in chemical composition to Schedule I and II drugs.103 However, prosecutors find it difficult to convince jurors that a chemical or substance is "substantially similar" or that lay sellers or purchasers knew it was similar.10,30
  7. 1 2 3 4 5 6 7 8 Mandell, Jeremy (8 March 2021). "Tripping over Legal Highs: Why the Controlled Substances Analogue Enforcement Act Is Ineffective against Designer Drugs" (PDF). HeinOnline. Archived from the original on 20 January 2026. Retrieved 11 October 2025.
  8. ↑ Herkenham, Kevin (2023). "A regulatory framework review of Schedule I psychedelics in the United States". JACCP: Journal of the American College of Clinical Pharmacy. 6 (10): 1117–1124. doi:10.1002/jac5.1841. ISSN   2574-9870 . Retrieved 20 January 2026.
  9. 1 2 Behera HK, Joga R, Yerram S, Karnati P, Mergu T, Gandhi K, M S, Nathiya D, Singh RP, Srivastava S, Kumar S (December 2024). "Exploring the regulatory framework of psychedelics in the US & Europe". Asian J Psychiatr. 102 104242. doi:10.1016/j.ajp.2024.104242. PMID   39305768.
  10. 1 2 3 Chesak, Jennifer (21 March 2024). "What psychedelics legalisation and decriminalisation looks like around the world". BBC Home. Retrieved 22 January 2026.
  11. ↑ Drug Enforcement Administration (23 December 2022). "Schedules of Controlled Substances: Removal of Fenfluramine From Control". Federal Register.
  12. ↑ Bulloch, Marilyn N.; Penzak, Scott; McDowell, Lena (2025). "Controlled Substances at the Federal and Alabama Level". Pharmacy Law in Alabama. Cham: Springer Nature Switzerland. p. 65–112. doi:10.1007/978-3-031-84771-4_4. ISBN   978-3-031-84770-7 . Retrieved 20 January 2026.
  13. ↑ Siegel JS, Daily JE, Perry DA, Nicol GE (January 2023). "Psychedelic Drug Legislative Reform and Legalization in the US". JAMA Psychiatry. 80 (1): 77–83. doi:10.1001/jamapsychiatry.2022.4101. PMC   10069558 . PMID   36477830.
  14. ↑ "SF Has Effectively Decriminalized Mushrooms. Now What?". The San Francisco Standard. 1 November 2022. Retrieved 20 January 2026.
  15. ↑ Drug Enforcement Administration (3 December 2007). "Definition of "Positional Isomer" as It Pertains to the Control of Schedule I Controlled Substances". Federal Register.
  16. ↑ Wachełko O, Nowak K, Tusiewicz K, Zawadzki M, Szpot P (January 2025). "A highly sensitive UHPLC-MS/MS method for determining 15 designer LSD analogs in biological samples with application to stability studies". Analyst. 150 (2): 290–308. doi:10.1039/d4an01361a. PMID   39636448.
  17. ↑ "Psychedelic Bulletin: DEA Moves to Schedule 5 Tryptamines; Eleusis Unveils SPAC; COMPASS Seeks LSD Patents". Psychedelic Alpha. 22 January 2022. Retrieved 20 January 2026.
  18. ↑ Drug Enforcement Administration (14 January 2022). "Schedules of Controlled Substances: Placement of 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) in Schedule I". Federal Register.
  19. ↑ Drug Enforcement Administration (27 July 2022). "Schedules of Controlled Substances: Placement of 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) in Schedule I; Withdrawal of Proposed Rule and Notice of Hearing". Federal Register.
  20. 1 2 Matthew Aragón (9 January 2024). "Meet Moxy: The Novel Psychedelic the DEA Tried To Ban". doubleblindmag.com. Retrieved 27 January 2025.
  21. 1 2 Psychedelic Alpha (29 July 2022). "Inside the Challenge to DEA's Proposed Scheduling of 5 Psychedelic Tryptamines". Psychedelic Alpha. Retrieved 27 January 2025.
  22. ↑ Jaeger, Kyle (7 February 2022). "DEA Faces Backlash Over Proposed Scheduling Of Five Psychedelic Compounds". Marijuana Moment. Retrieved 27 January 2025.
  23. ↑ Martinovic, Jelena (7 February 2022). "Will The DEA Give In As Advocates Revolt Over Proposed Scheduling Of Five Psychedelic Compounds?". Benzinga. Retrieved 27 January 2025.
  24. ↑ "STATEMENT OF MATTHEW BAGGOTT, PH.D. [In the Matter of Scheduling 4-OH-DiPT, 5-MeO-AMT, 5- MeO-MiPT, 5-MeO-DET, and DiPT]" (PDF). July 2022. Retrieved 27 January 2025.
  25. ↑ Drug Enforcement Administration (13 December 2023). "Schedules of Controlled Substances: Placement of 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) in Schedule I". Federal Register.
  26. ↑ Hu, Jane C. (17 May 2024), "Revisions made to report critical of Lykos's research on MDMA-assisted therapy; Lawsuit postpones hearing for contentious DEA proposal; and former MAPS employees make troubling allegations", The Microdose, U.C. Berkeley Center for the Science of Psychedelics, retrieved 6 February 2025
  27. 1 2 Palamar JJ, Fitzgerald ND (October 2025). "The Epidemiology of Recreational Use and Availability of DOC and DOI in the United States". Journal of Psychoactive Drugs: 1–10. doi:10.1080/02791072.2025.2570937. PMC   12645445 . PMID   41065346.
  28. ↑ Cameron LP, Jaster AM, Ramos R, Ullman EZ (2025). "The Utility of DOI For the Study of Serotonin 2A and 2C Receptors". Molecular Pharmacology 100093. doi:10.1016/j.molpha.2025.100093.
  29. 1 2 3 4 5 6 7 Stackhouse, Timothy P. (1 December 2012). "Regulators in Wackyland: Capturing the Last of the Designer Drugs" (PDF). Arizona Law Review. 54 (4). ISSN   0004-153X.
  30. ↑ King, Leslie A. (2013). "Legal Classification of Novel Psychoactive Substances". Novel Psychoactive Substances. Elsevier. p. 3–27. doi:10.1016/b978-0-12-415816-0.00001-8. ISBN   978-0-12-415816-0 . Retrieved 20 January 2026.
  31. ↑ Hagan, Andrew O' (15 September 2017). "A New Beginning: An Overview of New Psychoactive Substances" (PDF). Foresic Research & Criminology International Journal. 5 (3) 00159.
  32. ↑ Childs, Andrew (15 April 2021), An Exploration of Differentiation in Online Illicit Drug Markets with Particular Consideration of Structure, Rationality, Risk, and Trust, doi:10.25904/1912/4168
  33. ↑ Kau, Gregory (2008). "Flashback to the Federal Analog Act of 1986: Mixing Rules and Standards in the Cauldron". University of Pennsylvania Law Review. 156 (4). The University of Pennsylvania Law Review: 1077–1115. ISSN   0041-9907. JSTOR   40041401.
  34. ↑ Hartunian, Joseph (8 March 2021). "Getting Back on Schedule: Fixing the Controlled Substances Act". HeinOnline. Retrieved 11 October 2025.
  35. ↑ Wells, Hattie (1 July 2007). "Sacrament or substance of abuse?". Drugs and Alcohol Today. 7 (2): 32–42. doi:10.1108/17459265200700014. ISSN   1745-9265 . Retrieved 22 January 2026.
  36. 1 2 Chew, Kimberly I; von Salm, Jacqueline L (2024). "Compliance in the laboratory: Navigating the Controlled Substances Act and Federal Analogue Act in scientific research". Drug Science, Policy and Law. 10. doi:10.1177/20503245241283700. ISSN   2050-3245 . Retrieved 22 January 2026.
  37. 1 2 Jeshoor Kumar Jebadurai (28 May 2025). "Qualitative Research of Online Drug Misuse Communities with Reference to the Novel Psychoactive Substances". University of Hertfordshire. Retrieved 22 January 2026.
  38. 1 2 Geiger HA, Wurst MG, Daniels RN (October 2018). "DARK Classics in Chemical Neuroscience: Psilocybin". ACS Chem Neurosci. 9 (10): 2438–2447. doi:10.1021/acschemneuro.8b00186. PMID   29956917. A chemically modified psilocin precursor, known as psilacetin (20), O-acetylpsilocin, or 4-acetoxy-N,N-dimethyltryptamine, which replaces the phosphoryloxy group found on psilocybin with an acetoxy group, is also readily available. The substituted acetoxy group is believed to be metabolized in an equivalent manner to the phosphoryloxy group, both producing psilocin during first-pass metabolism.37 This simple modification skirts written laws in the United States when the product is clearly designated "not for human consumption," allowing pseudolegal import and possession for research purposes only; however, if it were to be used in vivo, the user would be in violation of the Federal Analogue Act.38
  39. 1 2 Elliott SP, Holdbrook T, Brandt SD (May 2020). "Prodrugs of New Psychoactive Substances (NPS): A New Challenge". J Forensic Sci. 65 (3): 913–920. doi:10.1111/1556-4029.14268. PMID   31943218. In a review about psilocybin, Geiger et al. (58) also discussed the modified psilocin precursor, O-acetylpsilocin (4-acetoxy-N,N-dimethyltryptamine also known as psilacetin) which is available for purchase online having been mentioned in drug forums and to a limited extent in the literature (59,60). Chemically, an acetoxy group replaces the phosphoryloxy group found on psilocybin and is believed to be metabolized to produce psilocin during first-pass metabolism (58). The authors report that this modification obfuscates written laws in the United States when the product is designated "not for human consumption," allowing pseudo-legal import and possession for research purposes only; however, if it were to be used in vivo, the user would be in violation of the Federal Analogue Act (58).
  40. ↑ Barovic, Ana; Pittiglio, Monica K.; Barrett, Justin M.; Aretz, Christopher D. J.; Tesfatsion, Tesfay T.; Ramirez, Giovanni A.; Cruces, Westley (20 January 2026). "Presence of 4-Hydroxy- N -methyl- N -ethyltryptamine in Commercially Available Products". ACS Omega. 11 (2): 3448–3454. doi:10.1021/acsomega.5c10889. ISSN   2470-1343 . Retrieved 22 January 2026.
  41. 1 2 Herrmann, Evan S.; Johnson, Patrick S.; Johnson, Matthew W.; Vandrey, Ryan (2016). "Novel Drugs of Abuse". Neuropathology of Drug Addictions and Substance Misuse. Elsevier. p. 893–902. doi:10.1016/b978-0-12-800634-4.00088-3. ISBN   978-0-12-800634-4 . Retrieved 22 January 2026. DOx analogs are illegal in most countries, with some exceptions. For instance, DOC and Bromo-DragonFLY are unscheduled in the United States at the federal level, although they could be considered analogs of DOM/DOB, so possession or sale could be prosecuted under the Federal Analog Act.
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