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Bill

SB 379

Psilocybin; Board of Pharmacy to promulgate emergency regulations.

2026 Regular Session Introduced by Jennifer Boysko

Virginia directs Board of Pharmacy to create emergency regulations governing psilocybin, advancing state-level oversight of federally controlled psychoactive substance.

Engrossed by Senate - committee substitute
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Bill Summary · SB 379

Legislative bill overview

SB 379 directs Virginia's Board of Pharmacy to develop emergency regulations for psilocybin, the psychoactive compound in certain mushrooms. The bill appears to establish a regulatory framework rather than outright legalization, tasking the Board with creating rules before a specified deadline.

Why is this important

Psilocybin remains a Schedule I controlled substance federally, making this move significant as it would position Virginia ahead of most states in establishing state-level regulatory pathways. This could affect medical research access, decriminalization enforcement, and set precedent for how states manage substances in legal gray areas between federal and state law.

Potential points of contention

  • Federal-state legal conflict: State regulations cannot override federal Schedule I status, creating enforcement ambiguity and potential DEA conflicts
  • Medical vs. recreational use: Unclear whether regulations target therapeutic/research use or broader access, affecting stakeholder support and implementation challenges
  • Emergency rulemaking authority: "Emergency regulations" bypass normal legislative oversight, raising concerns about process transparency and whether the Board has proper statutory authority for such sweeping rule-making

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

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