West Virginia Senate Bill SB906

West Virginia 2026 Regular Session

• Introduced: 2/10/26
• Refer: 2/10/26
• Report Pass: 2/24/26
• Engrossed: 2/27/26
• Refer: 3/5/26
• Enrolled: 3/14/26
• Passed: 3/14/26

Caption

Permitting lawful prescription of crystalline polymorph psilocybin under FDA recommendations

Summary

SB 906 amends West Virginia’s controlled substances schedules to create a narrow exception for certain psilocybin products. Specifically, it allows the lawful prescription, distribution, and marketing of any composition of crystalline polymorph psilocybin if the U.S. Food and Drug Administration approves the drug and the U.S. Drug Enforcement Administration reschedules it. The bill also updates the state’s Schedule I provisions so that psilocybin remains controlled generally, but is exempted to the extent provided in the new psilocybin clause. The measure fits within a broader framework in which the Board of Pharmacy tracks federal scheduling actions and recommends corresponding state changes. It also reinforces existing statutory language that permits FDA-approved cannabidiol and nabiximols products when federal scheduling allows. In practical terms, the bill does not broadly legalize psilocybin; it creates a conditional pathway for lawful medical use only if federal approval and rescheduling occur.

Impact

SB 906 amends §§60A-2-201 and 60A-2-204 of the West Virginia Code, which govern the Board of Pharmacy’s authority and the state’s Schedule I controlled substances list. The bill preserves psilocybin’s Schedule I status in general, but carves out an exception for FDA-approved crystalline polymorph psilocybin that is rescheduled by DEA, making prescription, distribution, and marketing lawful under those federal conditions. It therefore ties state law more closely to federal drug approval and scheduling decisions for this specific substance.

Sentiment

The bill appears to have enjoyed strong bipartisan support. It passed the Senate 29-2, the House 87-4, and then the Senate concurred in House amendments 32-0. The voting pattern suggests broad agreement with the bill’s limited, conditional approach to psilocybin rather than a sweeping change to controlled-substance policy.

Contention

The main point of contention is the treatment of psilocybin, a substance that remains a Schedule I drug under state law except for the narrow FDA/DEA-triggered exception created by this bill. Supporters likely viewed the measure as a cautious, science- and federal-action-based pathway for medical access, while any opposition appears to have centered on concerns about psilocybin’s controlled-substance status, public health, or the precedent of easing restrictions on a hallucinogen. The final votes indicate those concerns were limited and did not prevent passage.