West VirginiaWest Virginia allows psilocybin prescriptions only after federal approval steps
Prescribers and companies can prescribe, distribute, and market covered psilocybin medicines once federal agencies approve the drug and change its controlled-drug category.
What it does
Drugs containing organic or crystalline psilocybin can be prescribed, distributed, and marketed after federal approval and a federal change in their controlled-drug category. These activities must follow federal recommendations.
Argument forThe exception could help patients obtain federally approved psilocybin medicines by keeping the state's Schedule I listing from blocking prescriptions.
Argument againstPatients could still face delays accessing covered medicines because permission requires both federal drug approval and a separate federal scheduling decision.
More detail
Prescribers can prescribe covered drugs, and companies can distribute and market them when both federal requirements are met. The exception covers drugs containing organic psilocybin or crystalline polymorph psilocybin, a crystalline form of psilocybin. Psilocybin outside this exception remains on the state's Schedule I controlled-drug list. The United States Food and Drug Administration must approve the drug. The United States Drug Enforcement Administration must change its controlled-drug category. Prescribing, distribution, and marketing must follow Food and Drug Administration recommendations. The law took effect June 12, 2026. Permission for a covered drug depends on both federal actions.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 25Chapter 249, Acts, Regular Session, 2026Latest
- Mar 27Approved by Governor Patrick Morrisey 3/27/2026Major
- Mar 19To Governor 3/19/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 3/27/2026 - Senate JournalMajor
- Vote recorded PASSAGE. Result: pass.Lower
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 14Approved by Governor Patrick Morrisey 3/27/2026 - House JournalBecame Law
- Mar 14To Governor 3/19/2026 - Senate JournalMinor
- Mar 14Completed legislative action
- Mar 14Communicated to House
- Mar 14Senate concurred in House amendments and passed bill (Roll No. 660)
- Mar 14House Message received
- Mar 14Communicated to Senate
- Mar 14Passed House (Roll No. 604)Passed House
- Mar 14Read 3rd timeMinor
- Mar 14Amended on 3rd reading
- Mar 14Amendment adopted (Voice vote)
- Mar 14Amendment reported by the Clerk
- Mar 14Amendment withdrawn (Voice vote)
- Mar 14Amendment reported by the Clerk
- Mar 14Reported by the Clerk
- Mar 14On 3rd reading, Special Calendar
- Mar 13On 3rd reading, Special Calendar
- Mar 12Amendment rejected (Voice vote)Minor
- Mar 12Amendment reported by the Clerk
- Mar 12Committee amendment adopted (Voice vote)
- Mar 12Amendment reported by the Clerk
- Mar 12Read 2nd timeMinor
- Mar 12On 2nd reading, Special Calendar
- Mar 11Read 1st timeMinor
- Mar 11On 1st reading, Special Calendar
- Mar 10With amendment, do passMinor
- Mar 9Markup Discussion
- Mar 5To House Health and Human ResourcesMinor
- Mar 5To Health and Human ResourcesMinor
- Mar 5Introduced in HouseMinor
- Mar 5House received Senate message
- Feb 27Ordered to House
- Vote recorded Passage. Result: pass.Upper
- Feb 27Passed Senate (Roll No. 260)Passed Senate
- Feb 27Read 3rd timeMinor
- Feb 27On 3rd reading
- Feb 26Read 2nd timeMinor
- Feb 26On 2nd reading
- Feb 25Read 1st timeMinor
- Feb 25On 1st reading
- Feb 24Reported do passMinor
- Feb 10To Health and Human ResourcesMinor
- Feb 10Introduced in SenateMinor
- Feb 10To Health and Human ResourcesMinor
- Feb 10Filed for introductionIntroduced
Healthcare