The DEA (Drug Enforcement Administration, the federal agency that enforces drug laws) has the power to move a drug out of Schedule I without Congress acting — but it almost always waits for the FDA to approve a medical use first. Since no approval is coming in 2026, the DEA almost certainly won't act either. That means psilocybin and MDMA remain in the same legal bucket as heroin through the end of 2026.
The DEA will not reschedule without an FDA-approved indication, and no approval is pending for 2026. Consensus across dea_officer, legislator, and fda_reviewer agents; the sole dissent (veterans_advocate) argues for legislative momentum, not actual rescheduling, so it does not undercut the core claim.