Bill
HB 2218
Allows FDA-approved crystalline polymorph psilocybin to be scheduled as Schedule IV in Kansas after FDA approval and state certification.
Status
- Bill number: HB 2218
- Introduced: January 29, 2025
- Hearing: House Committee on Health and Human Services — Tuesday, February 11, 2025, 1:30 PM, Room 112‑N
- Sponsor / Requestor: Introduced by House Committee on Health and Human Services; requested by Steve Kearney on behalf of Compass Pathways (Kansas text).
- Statutory targets (Kansas): amends K.S.A. 2024 Supp. 65‑4101 and 65‑4111 (Uniform Controlled Substances Act).
Purpose and intent
- HB 2218 is intended to create a pathway for a specific pharmaceutical form of psilocybin — described as the “pharmaceutical composition of crystalline polymorph psilocybin” — to be regulated as a Schedule IV controlled substance in Kansas rather than treated under the more restrictive controls that apply to psilocybin generally. The reclassification is expressly conditioned on U.S. Food and Drug Administration (FDA) approval of that pharmaceutical product.
Key provisions
- Redefinition: Amends the Uniform Controlled Substances Act definition of “psilocybin” to exclude the pharmaceutical composition of crystalline polymorph psilocybin. In other words, that specific, FDA‑approved formulation would not fall under the generic statutory definition of psilocybin used elsewhere in the statute.
- Scheduling: Adds the pharmaceutical composition of crystalline polymorph psilocybin to Schedule IV of the Uniform Controlled Substances Act, but only after (and effective upon) FDA approval and the certification/publication process described in the bill text (effective “on and after the date of publication in the Kansas register of the certification prescribed in section 3”).
- Statutory amendments: Changes are implemented by amending K.S.A. 2024 Supp. 65‑4101 and 65‑4111 and repealing existing sections as necessary to effect the new definition and scheduling.
Who is affected
- Patients and clinicians: If the product receives FDA approval and is placed in Schedule IV, clinicians could prescribe or administer it under Schedule IV controls, subject to Kansas prescription and dispensing rules.
- Manufacturers and developers: Companies developing crystalline polymorph psilocybin pharmaceuticals (e.g., Compass Pathways) would gain a clearer regulatory pathway at the state level contingent on FDA approval.
- Regulators and law enforcement: The Board of Pharmacy and enforcement agencies would apply Schedule IV controls to the FDA‑approved crystalline psilocybin product rather than treating it under the broader psilocybin schedule used for non‑approved materials.
- Research and commercial access: Scheduling as IV may reduce barriers for clinical distribution, research, and eventual medical use compared with more restrictive scheduling.
Fiscal impact and procedural notes
- Fiscal note (Kansas Division of the Budget, Feb. 7, 2025): The Board of Pharmacy indicated enactment would have no fiscal effect on the Board.
- Condition precedent: The reclassification and legal effect specifically depend on FDA approval of the pharmaceutical composition named in the bill and the subsequent state certification/publication.
- Next steps: Bill was scheduled for a committee hearing Feb. 11, 2025. Further legislative action (committee vote, floor consideration) would determine whether the statute is changed.
Context / implications
- This bill does not legalize non‑pharmaceutical psilocybin; it creates a narrow exception for a specified, FDA‑approved crystalline polymorph formulation, treating that product under the less restrictive Schedule IV controls once federal approval and the bill’s certification steps occur.
Compiled from official sources — confirm details with the bill’s official record.
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