The Enlightened Esquire

In the News

A running record of what has actually changed in psychedelic law and regulation, newest first, followed by the standing sources I follow to track federal policy, religious freedom and California.

Recent developments

Newest first. Each entry links to the primary source where one exists.

  • October 5, 2026 — The Tenth Circuit holds a federal court should not have blocked Utah’s psilocybin prosecution of a religious practitioner. In a published opinion in Jensen v. Utah County, No. 25-4115, the United States Court of Appeals for the Tenth Circuit held that the district court should have abstained under Younger v. Harris rather than enjoin the pending state criminal proceedings against Bridger Lee Jensen, who used psilocybin in ceremonies conducted through Singularism, and that the district court erred in finding a likely Free Exercise violation because the plaintiffs had not shown that Utah’s drug law treats comparable secular activity more favorably than religious activity. The panel reversed and remanded with instructions to vacate the injunction against the state criminal proceedings and to vacate the denial of the motion to dismiss the First Amendment claim on the issue of preferential treatment for secular use. The opinion notes that the state defendants did not appeal the separate preliminary injunction the district court had granted under the Utah Religious Freedom Restoration Act, and that the court therefore expresses no opinion on that injunction’s validity. Opinion, No. 25-4115 (10th Cir. Oct. 5, 2026)
  • October 5, 2026 — FDA opens a public docket on the design of early-phase ibogaine clinical trials. An FDA notice titled “Request for Information: Design and Safety Considerations for Clinical Trials Involving Ibogaine Drug Products” was filed for public inspection October 5 and is scheduled for publication October 6, 2026. The notice, issued through the Center for Drug Evaluation and Research, states that FDA “is describing the approaches it is considering for the design of early-phase clinical trials of ibogaine drug products and is opening a public docket to receive comments,” under Docket No. FDA-2026-N-10429. It requests comments, data and information in four areas: general study design, dose selection and escalation, safety considerations including cardiac and central nervous system monitoring, and ethical and oversight considerations. Comments are due 45 days after publication. Request for information, FR Doc. 2026-20427 · FDA press announcement, October 5, 2026
  • October 2, 2026 — A Florida bankruptcy court declines to except an ayahuasca wrongful-death judgment from discharge. In a memorandum opinion in the Chapter 7 case of Christopher Joe Young, who founded the Soul Quest Church of Mother Earth in Orlando and served as its minister and president, the United States Bankruptcy Court for the Middle District of Florida concluded that Young’s conduct surrounding a retreat participant’s medical emergency, “although deeply troubling,” does not establish a willful and malicious injury under 11 U.S.C. § 523(a)(6), and that the plaintiff had not established grounds to deny Young a discharge under 11 U.S.C. §§ 727(a)(2), 727(a)(3), or 727(a)(4)(A). The opinion recites a May 30, 2024 state-court final judgment of $15,048,526.25 following a jury trial, and states that judgment will be entered in Young’s favor on all counts of the complaint, with a separate final judgment to follow. Memorandum opinion, Adv. No. 6:24-ap-00130-LVV (Doc. 89)
  • September 30, 2026 — Portland adds a psychedelic health and safety chapter to its city code. The Portland, Oregon City Council passed Ordinance No. 192232 (Document No. 2026-186) as amended, with ten ayes and two councilors absent, directing that City Code Chapter 14B.140 be amended as shown in Exhibit A. The city’s impact statement for the ordinance says it “designates non-commercial personal use of natural psychedelics as a low law enforcement priority while maintaining enforcement against illegal sales, impaired driving, and other unsafe conduct.” The ordinance record does not state an effective date. Ordinance 192232
  • September 23, 2026 — GAO says DEA and FDA lack written scheduling policies. GAO reports that of the 208 substances for which DEA took scheduling actions from 2020 through 2025, DEA considered HHS evaluations and recommendations for all 95 for which they were required, and that DEA’s final scheduling decision aligned with HHS’s recommendation for all 84 of those substances for which DEA had published a final rule as of December 31, 2025. GAO makes three recommendations, including that DEA develop policies and procedures identifying its roles, responsibilities and procedures for scheduling, and that FDA do the same for Center for Drug Evaluation and Research staff completing eight-factor evaluations. The report addresses scheduling generally and does not single out psychedelics. GAO-26-108623
  • September 23, 2026 — The tryptamine proposal publishes; comments close October 23. The notice of proposed rulemaking noted below published in the Federal Register at 91 FR 60338, Docket No. DEA1715. Comments, and requests for a hearing or waiver of an opportunity for a hearing, must be received on or before October 23, 2026. 91 FR 60338
  • September 22, 2026 — DEA again proposes Schedule I for five tryptamines. A DEA notice of proposed rulemaking to place five substances the rule calls “tryptamine hallucinogens” (4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET and DiPT) in Schedule I was filed for public inspection September 22 and is scheduled for publication September 23, 2026. Comments and hearing requests are due 30 days after publication. DEA says it withdrew a January 14, 2022 proposal covering the same five substances after deciding to request an updated HHS scientific and medical evaluation, which HHS provided on April 2, 2026. Proposed rule, FR Doc. 2026-19400
  • September 22, 2026 — Oregon will not adopt the proposed psilocybin fee increases. The Oregon Health Authority states it “will not be moving forward with the current rulemaking process for the OHA psilocybin program that would have made significant changes to fees for psilocybin licensees,” and that it “will not file final rules as a result of this rulemaking process and will not adopt the proposed fee increases.” The agency says it will begin a new rulemaking on the proposed changes unrelated to fees, with a planned effective date of January 15, 2027. OHA statement
  • September 21, 2026 — The diphenidine rule publishes; effective October 21. The final rule noted below published in the Federal Register at 91 FR 59695 and takes effect October 21, 2026. 91 FR 59695
  • September 18, 2026 — DEA places diphenidine in Schedule I. A DEA final rule adding diphenidine, which the rule describes as “a dissociative hallucinogen of the 1,2-diarylethylamine class,” to the hallucinogenic substances listed at 21 CFR 1308.11(d) was filed for public inspection September 18 and is scheduled for publication September 21, 2026, effective 30 days after publication. On the “currently accepted medical use” question, DEA applied both its traditional five-part test and the two-part test addressed in the April 11, 2024 Office of Legal Counsel opinion on the potential rescheduling of marijuana, and found neither satisfied. Final rule, Docket No. DEA-1155 · Regulations.gov docket DEA-2026-0892
  • September 18, 2026 — California funds veterans’ psychedelic research through the budget. Governor Newsom approved AB 113 (Gabriel), an act amending the Budget Act of 2026, which was chaptered the same day as Chapter 248, Statutes of 2026. As amended, Item 0530-001-0001 of Section 2.00 carries a new Schedule (2.5) for the California Initiative to Advance Precision Medicine in the amount of $4,700,000, and a provision of that item states that “$4,700,000 is for the California Initiative to Advance Precision Medicine for veterans’ psychedelic research.” The item is an appropriation for research; it makes no change to California controlled substances law. AB 113, Ch. 248, Stats. 2026 (text) · Bill status
  • September 16, 2026 — Oregon moves to double its psilocybin license fees. The Oregon Health Authority held the second of two public hearings on proposed amendments across OAR division 333-333, filed August 28, 2026. The notice states the proposed rules “double license fees” and “eliminate reduced fee provisions” currently available to nonprofits, veterans, and applicants receiving Supplemental Security Income or SNAP benefits. Written comment closes September 21, 2026 at 5:00 p.m. Notice of proposed rulemaking · OHA rulemaking page
  • September 14, 2026 — FDA public hearing. Considerations for Potential Future Therapeutic Use of Psychedelic Drugs, 12:30–4:30 p.m. ET, hybrid. Docket No. FDA-2026-N-7542. Written comments close October 5. Hearing page · Federal Register notice, 91 FR 43095
  • September 9, 2026 — FDA sets out its framework in the NEJM. Four agency officials publish a commentary describing FDA’s “new framework for psychedelic drugs,” stating that these therapies “remain investigational” and that the agency’s approach “is still evolving.” N Engl J Med, doi:10.1056/NEJMsb2609286
  • September 8, 2026 — A second Breakthrough Therapy designation for an LSD product. Definium Therapeutics receives Breakthrough Therapy designation for DT120 (lysergide) orally disintegrating tablet in major depressive disorder, after Phase 3 results reporting an 8.1-point placebo-adjusted improvement in MADRS score at Week 6 (p<0.0001). The company holds an earlier designation in generalized anxiety disorder. Company announcement
  • August 2026 — SAMHSA tells states to start planning. Current Research, Regulatory, and Policy Considerations Regarding Psychedelics as Medicine (SAMHSA Publication No. PEP26-01-004) urges states to build credentialing standards, safety protocols, informed consent processes and complaint mechanisms before approval, and to plan for the fiscal and Medicaid implications. Announcement · Coverage
  • July 14, 2026 — HRSA asks how these treatments would actually be delivered. A Request for Information on training and care delivery models for safe administration of potential FDA-approved psychedelic therapies in ambulatory settings — federally qualified health centers, certified community behavioral health clinics, rural health clinics. Comments closed August 13, 2026. 91 FR 43103
  • July 2026 — FDA finalizes its clinical investigations guidance. Three years after the draft. It calls for observation by two monitors for the duration of the treatment session, with a lead monitor licensed to practice independently, and states that the contribution of the psychotherapy component has not been characterized. Final guidance · 91 FR 43101
  • April 28, 2026 — DEA reschedules FDA-approved marijuana products by order. Not a psychedelics rule, but the clearest template available for how a post-approval psilocybin rescheduling would likely be executed. 91 FR 22714
  • April 2026 — Rolling review and priority vouchers. Compass Pathways is granted rolling review of its COMP360 psilocybin application and a Commissioner’s National Priority Voucher. Company announcement · FDA announcement
  • April 22, 2026 — Executive Order 14401. Accelerating Medical Treatments for Serious Mental Illness. Directs the FDA and DEA to establish a Right to Try pathway and the Attorney General to complete rescheduling review “as quickly as practicable.” No implementing guidance or rule has issued. 91 FR 21709
  • March 10, 2026 — South Dakota builds a trigger. HB 1099 conditionally legalizes crystalline polymorph psilocybin for mental health therapy, effective only upon both FDA approval and DEA rescheduling out of Schedule I. Coverage
  • 2026 session — Virginia builds one too. Companion bills require the Board of Pharmacy to reschedule an FDA-approved, professionally administered psilocybin formulation at its next quarterly meeting following 30 days after Federal Register publication of the federal order. California has enacted no equivalent. Coverage
  • January 1, 2026 — Two California laws take effect. SB 351 (Ch. 409, Stats. 2025) codifies the corporate practice of medicine doctrine into Health & Safety Code Division 1.7 and aims it at private equity involvement in physician practices. AB 1103 (Ch. 571, Stats. 2025) creates an expedited review pathway at the Research Advisory Panel for peer-reviewed Schedule I research, sunsetting January 1, 2028. Analysis of SB 351
  • January 1, 2026 — Telemedicine prescribing runs on a clock. The fourth temporary extension of telemedicine flexibilities for prescribing controlled medications runs through December 31, 2026. Absent a final special registration rule or another extension, that authority lapses January 1, 2027. 90 FR 61301

Sources I follow

Tracking the field

  • Psychedelic Alpha — the closest thing this field has to a paper of record. Drug development, policy reform, a bill tracker, and a standing library on psychedelic REMS.
  • The Microdose — independent journalism from the UC Berkeley Center for the Science of Psychedelics.
  • Marijuana Moment — fast, reliable reporting on federal and state drug policy, including psychedelics bills most outlets miss.
  • Psychedelics Today — Tracking Legal Psychedelics in the U.S. and Worldwide.
  • UC Berkeley BCSP — Law and Policy Map, plus periodic public-opinion survey work.

Primary sources I check directly

Sponsors worth watching

  • Compass Pathways — COMP360 psilocybin, under rolling FDA review.
  • Definium Therapeutics — DT120 lysergide, Breakthrough Therapy designations in major depressive disorder and generalized anxiety disorder.

Religious use

  • Chacruna — Guide to RFRA and Best Practices for Psychedelic Plant Medicine Churches.
  • Bloomberg — on the DEA religious exemption granted to an ayahuasca-focused church (2025).

San Diego

  • UC San Diego — Psychedelics and Health Research Initiative.
  • Wavelength — the San Diego Psychedelic Policy & Practice Collaborative.

Educational only; not legal advice. Inclusion of a link is not endorsement. Verify current regulatory status before acting — this field moves weekly. Last reviewed September 11, 2026.