DEA will formally oppose any psilocybin rescheduling petition before June 30, 2027, citing insufficient abuse liability and pharmacodependence data, maintaining Schedule I status

The DEA (Drug Enforcement Administration) has the legal power to say no to rescheduling psilocybin — moving it from Schedule I (illegal with no accepted medical use) to a lower schedule — regardless of what the FDA (Food and Drug Administration) recommends. The DEA will likely use the fact that no psilocybin drug has been officially approved yet, and will cite concerns about abuse and dependence, as reasons to block rescheduling.

DEA has statutory authority under the Controlled Substances Act to independently assess abuse liability regardless of FDA scheduling recommendations. The agency has no approved NDA for psilocybin as of June 2026, which is its primary evidentiary threshold. Oregon and Colorado state programs provide political cover to delay without appearing obstructionist. DEA's cannabis rescheduling delay (years after HHS recommendation) is the operative precedent. No petition currently before DEA has a complete abuse liability data package meeting the agency's published criteria.