The bill amends sections 60A-2-201 and 60A-2-204 of the West Virginia Code to permit the lawful prescription, distribution, and marketing of crystalline polymorph psilocybin, contingent upon approval by the United States Food and Drug Administration (FDA) and rescheduling by the United States Drug Enforcement Administration (DEA). It introduces new legal language that stipulates that if a drug containing an organic psilocybin substance receives FDA approval and is rescheduled by the DEA, it will be lawful to prescribe, distribute, and market it according to FDA guidelines. This amendment aims to align state law with federal regulations concerning the control of psilocybin.

Furthermore, the bill grants the Board of Pharmacy the authority to recommend substances for addition or deletion from the schedules of controlled substances, taking into account factors such as potential for abuse and scientific evidence. The Board can also act on an emergency basis between legislative sessions in response to federal actions. The legislation expands the list of controlled substances to include various synthetic cannabinoids, tryptamines, depressants, and stimulants not currently classified, specifying numerous compounds and addressing the temporary scheduling of certain substances. It emphasizes that any synthetic chemical compound acting as a cannabinoid receptor type 1 agonist, not listed in existing schedules and not FDA-approved for medical use, will be included in the controlled substances list, thereby enhancing public health safety. The bill is set to take effect 90 days after passage.

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