October 23, 2026, published
DEA moves to put five psychedelic tryptamines in Schedule I; Florida already bans four by name
Public comments closed October 23, 2026, on the Drug Enforcement Administration's proposal to place five psychedelic tryptamines, including DiPT and 5-MeO-DET, in federal Schedule I; DEA hasn't published a final rule. The proposal doesn't touch psilocybin, and Florida law already names four of the five in its own Schedule I.
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What is DEA proposing?
In a proposed rule published September 23, 2026 (91 FR 60338, Docket No. DEA1715), DEA would place five "tryptamine hallucinogens" in Schedule I of the Controlled Substances Act: 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT, "including their salts, isomers, and salts of isomers."1
If finalized, anyone who makes, distributes, imports, researches or possesses them would face the controls and the "administrative, civil, and criminal sanctions" that apply to Schedule I drugs. DEA Administrator Terrance C. Cole signed the proposal on September 11, 2026.1
Comments and hearing requests were due by October 23, 2026.1 Regulations.gov showed 267 posted comments on the docket (DEA-2026-1585) on November 2, 2026.2
Why is this DEA's second try?
DEA proposed the same five placements on January 14, 2022, and announced a hearing that July. It then withdrew both on July 27, 2022, to ask the Department of Health and Human Services for an updated scientific review.13
DEA made that request on November 16, 2023. HHS answered on April 2, 2026, recommending Schedule I for all five.1
What does DEA say about these drugs?
According to the proposal, law enforcement first encountered 5-MeO-AMT and DiPT in 2003, 5-MeO-MiPT in 2004, 5-MeO-DET in 2006 and 4-OH-DiPT in 2009. Poison centers recorded 65 exposures to at least one of the five through 2021, most involving a single substance, with reported effects including a racing heart, hallucinations, agitation and high blood pressure.1
DEA says the five have no currently accepted medical use in the United States and that they "are generally purchased from internet-based companies in addition to being purchased from dealers."1
Does the proposal affect psilocybin?
No. Psilocybin isn't one of the five. The proposal mentions psilocyn (4-OH-DMT), which it calls "the active metabolite of psilocybin," only as an example of a tryptamine already in Schedule I that the five resemble.1
In Florida, psilocybin and psilocyn are listed in Schedule I at 893.03(1)(c)33. and 34., and nothing in this federal proposal changes that.4
Are these tryptamines already illegal in Florida?
Four of them are, by name. Florida's Schedule I lists 5-MeO-MiPT at 893.03(1)(c)61., 5-MeO-AMT at (c)62., DiPT at (c)68. and 4-Hydroxy-DiPT, the same compound as 4-OH-DiPT, at (c)70.4
The fifth, 5-MeO-DET, isn't named. But Florida's "Substituted Tryptamines" class at (c)194. covers tryptamines "with or without mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups" and "whether or not substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups."4 As its full name, 5-methoxy-N,N-diethyltryptamine, shows, 5-MeO-DET has two ethyl groups on the nitrogen and a methoxy group on the ring, so it appears to fall inside that class. That's our reading of the statute, not a court ruling.
Possessing any of the four named substances without legal authorization is already a third-degree felony in Florida under 893.13(6)(a), whatever DEA decides.5
Why it matters in Miami
DEA says these five are generally bought from internet-based companies as well as from dealers.1 In Florida, four of the five are already illegal by name, and the federal government is moving to match.
The proposal is not a change to psilocybin law, federal or Florida. If you see a headline about DEA banning psychedelics, check which drugs it names: this proposal covers only the five listed above, and it isn't final.
Sources
- Schedules of Controlled Substances: Placement of 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET, and DiPT Into Schedule I (proposed rule), 91 FR 60338, Drug Enforcement Administration, September 23, 2026.
- Docket DEA-2026-1585, public comments, Regulations.gov, checked November 2, 2026.
- Withdrawal of proposed rule and notice of hearing, 87 FR 45076, Drug Enforcement Administration, July 27, 2022.
- Florida Statutes 893.03, Standards and schedules, Florida Senate, 2026.
- Florida Statutes 893.13, Prohibited acts; penalties, Florida Senate, 2026.
- Federal Register document search: "5-MeO-DET", Office of the Federal Register, checked November 2, 2026.
Keep reading
Psilocybin penalties in Florida: what a charge can meanEvery Florida psilocybin charge with its statute, felony degree, maximum and offense level, plus diversion, DUI and 911 immunity.
Are magic mushrooms legal in Florida? What the statutes sayNo. Psilocybin is Schedule I in Florida and possessing any amount is a felony. The statutes, spores, Fiske, gummies and federal law.
Are mushroom gummies and shroom chocolates legal in Florida?Mushroom gummies, chocolates and bars in Florida: what's illegal, what FDA says about Amanita, what lab tests found and what to do if someone's sick.
Is psilocybin safe? Risks, drug interactions and Miami hazardsWho faces the highest psilocybin risks, what lithium, SSRIs and MAOIs can do, fake products, and Miami's heat, water and festival hazards.
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