This bill proposes amendments to the Code of West Virginia, specifically targeting sections 60A-2-201 and 60A-2-204, to facilitate the lawful prescription, distribution, and marketing of crystalline polymorph psilocybin, contingent upon approval from the United States Food and Drug Administration (FDA) and rescheduling by the United States Drug Enforcement Administration (DEA). The new legal language inserted into section 60A-2-201 establishes that if a drug containing crystalline polymorph psilocybin is approved and rescheduled, it will be lawful to prescribe, distribute, and market it according to FDA recommendations. Furthermore, section 60A-2-204 is modified to exempt psilocybin from being classified as a Schedule I substance under specific conditions, thereby aligning state law with federal regulations and acknowledging the potential therapeutic benefits of psilocybin.

In addition to psilocybin, the bill seeks to expand the list of controlled substances by including various synthetic cannabinoids, tryptamines, depressants, stimulants, and other compounds not currently classified under federal schedules II, III, IV, and V. It identifies specific chemical compounds, such as JWH 147 and JWH 307, and allows for the temporary scheduling of substances like benzylfentanyl and cyclopentyl fentanyl due to their potential for abuse. The bill aims to regulate emerging synthetic drugs while ensuring that any approved medical uses of psilocybin are recognized, thereby streamlining the process for incorporating new scientific findings into state law and enhancing access to psilocybin for medical use, pending federal approval.

Statutes affected:
Introduced Version: 60A-2-201, 60A-2-204