Some people in Congress might try to pass a law saying the VA (Veterans Affairs) can run psilocybin research without waiting for FDA approval or DEA rescheduling—basically trying to work around the normal drug approval system through appropriations language. The DEA has independent legal authority under drug scheduling law and has blocked this kind of workaround before. When that clash happens, the Department of Justice will have to step in as referee, and that will probably happen before the end of 2026.
DEA has clear statutory authority under the Controlled Substances Act and has successfully blocked prior congressional workarounds. OLC referral is the established mechanism when Congress attempts to legislate around CSA scheduling. This is a specific, falsifiable procedural outcome with a defined deadline. Risk factor: Congress may not pass qualifying language at all, which would make the prediction moot rather than wrong — resolve date and trigger condition account for this.