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SB 906

Permitting lawful prescription of crystalline polymorph psilocybin under FDA recommendations

2026 Regular Session Introduced by Vince Deeds

West Virginia bill authorizes physicians to prescribe psilocybin when FDA provides guidance, creating legal state mechanism ahead of potential federal reclassification while maintaining federal-state legal ambiguity.

Chapter 249, Acts, Regular Session, 2026
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Bill Summary · SB 906

Legislative bill overview

SB 906 permits licensed physicians in West Virginia to prescribe psilocybin—a controlled psychedelic compound—in crystalline polymorph form under FDA guidance and regulatory framework. The bill authorizes prescription only when the FDA has issued recommendations supporting such use, effectively tying state authorization to federal approval. This represents a significant departure from current federal Schedule I classification of psilocybin.

Why is this important

Psilocybin is under active clinical investigation for treatment-resistant depression, PTSD, and end-of-life anxiety, with promising preliminary results from FDA-supported trials. If the bill becomes law, West Virginia would create a legal mechanism for patients to access psilocybin therapeutically before broader federal reclassification—potentially positioning the state as an early adopter if FDA approval occurs. This also creates tension between state and federal law that could face legal challenges.

Potential points of contention

  • Federal-state legal conflict: Psilocybin remains a Schedule I controlled substance federally; state authorization creates ambiguity about whether physicians face DEA prosecution for prescribing it, even with state law protection.
  • "Under FDA recommendations" language: The bill's requirement that FDA issue "recommendations" is vague—it's unclear whether this means formal approval, breakthrough therapy designation, or informal guidance, potentially leaving the law's trigger conditions uncertain.
  • Limited safeguards detail: The bill text doesn't specify training requirements for prescribers, dosing protocols, patient screening criteria, or adverse event reporting, raising patient safety concerns compared to traditional pharmaceutical regulation.

Compiled from official sources — confirm details with the bill’s official record.

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