Since the beginning of 2026, at least 23 states have introduced psychedelic legislation, signaling continued momentum and openness in how local and federal leaders address mental health, substance use disorders, and broader access to innovative care. Highlights of this shift include five states enacting trigger laws to streamline psilocybin access following FDA approval. This builds on the years of groundwork MAPS has led for similar reforms regarding MDMA policy. Also, we’re witnessing a growing coalition of at least ten states championing ibogaine clinical research. Together, these changes demonstrate an ongoing bipartisan commitment to modernizing psychedelic drug policy through clinical research, harm reduction, and expanded access to emerging therapeutics.
At the Federal Level:
Food & Drug Administration (FDA)
- Name of Hearing: Considerations for Potential Future Therapeutic Use of Psychedelic Drugs
- Summary: On September 14, 2026, the FDA held a hybrid (in-person in Washington, DC and virtual) public hearing entitled “Considerations for Potential Future Therapeutic Use of Psychedelic Drugs” to gather input from stakeholders, healthcare providers, and researchers on building safe healthcare delivery models for investigational psychedelics. Following the FDA’s newly finalized clinical trial guidance for psychedelic compounds, the session specifically focused on post-approval operational challenges, including Risk Evaluation and Mitigation Strategies (REMS), facility and provider credentialing, extended patient monitoring, and leveraging state-level program data as clinical evidence. Discussions strictly excluded general drug legalization, state decriminalization, and non-medical ceremonial use.
- Next Steps: The public comment period remained open through October 5, 2026. Feedback will help guide the government in setting rules for approved clinics and overseeing patient safety once new psychedelic treatments hit the market.
- Analysis:
The importance of therapy to these treatments cannot be understated — and it wasn’t. Nearly every speaker mentioned it. The FDA heard loud and clear that the field supports therapy and therapist training; now it’s up to them to listen. Yet an approved pathway isn’t the same as an accessible one. Even with FDA approval, most of the people who need this treatment could be waiting for years due to systemic issues like lack of insurance coverage, knowledge gaps among providers, and limited availability of trained practitioners. State-regulated and community-based systems can fill part of that gap, but only with real training, clear boundaries of practice, and deep community involvement. Care doesn’t end when a treatment does. Integration and post-treatment support must be built into communities because regulation isn’t what heals us or keeps us safe — we do that in community.
—Betty Aldworth; Co-Executive Director, MAPS
US Congress
- Name of Bill: HR 10150 – Advancing Botanical Drug Development Act of 2026
- Bill Summary: The Bill would amend the Federal Food, Drug, and Cosmetic Act to establish a 12-year period of market exclusivity for qualifying botanical drugs approved by the FDA. During the exclusivity period, certain subsequent applications that reference or rely on an approved botanical drug could not become effective. The legislation is intended to address the additional scientific, manufacturing, and regulatory challenges associated with developing plant-derived medicines, including variability in raw materials, batch consistency, characterization, and standardization. While maintaining the existing FDA approval requirements for safety and effectiveness, the Bill directs the Secretary of Health and Human Services to determine which products qualify as botanical drugs.
- Current Status: H.R. 10150 was introduced on August 27, 2026 and referred to the House Committee on Energy and Commerce.
- Analysis: H.R. 10150 reflects growing federal interest in creating regulatory incentives for the development of plant-based medicines within the FDA approval framework. By providing a defined period of market exclusivity, it seeks to address the additional costs and scientific complexities associated with developing botanical drugs while maintaining requirements for rigorous clinical testing and FDA review.
While the legislation does not specifically address psychedelic substances, its focus on developing botanically-sourced, FDA-regulated medicines could have implications for future policies involving naturally-derived psychedelic compounds. The legislation also underscores the importance of ensuring incentives for pharmaceutical development are accompanied by meaningful consideration of affordability and access. As psychedelics increasingly fall into regulated therapeutic models, policymakers will need to consider how intellectual property and market exclusivity frameworks may affect the eventual cost and accessibility of emerging treatments.
State-Level Updates:
Louisiana
- Name of Bill: SB 43 – Provides Relative to Psychedelic-Assisted Therapy
- Bill Summary: SB 43 creates the Psychedelic-Assisted Therapy Initiative within the Louisiana Department of Health’s Office of Behavioral Health to partner with academic health centers and drug developers. The law establishes a framework for clinical trials evaluating psychedelic medications (specifically ibogaine, psilocybin, and MDMA) for treating opioid use disorder, co-occurring substance use disorders, and treatment-resistant mental health and neurological conditions. The initiative encourages use of local parish opioid-settlement funds to support study costs, and establishes a provision for state revenue-sharing from resulting intellectual property.
- Current Status: The Bill became law in June 2026 and officially took effect on August 1, 2026.
- Analysis: SB 43 establishes a remarkably broad state-level research framework by explicitly covering psilocybin, ibogaine, and MDMA simultaneously under one initiative. The Bill additionally innovates on existing models by drawing from opioid-settlement funds and explicitly naming intellectual property sharing, which has the potential to build an economically sustainable model for care by connecting existing state resources to the commercial benefits possible from clinical research. Meanwhile, unanimous bipartisan approval highlights a growing political willingness to explore psychedelic therapies for addiction and mental health.
California
- Name of Bill: AB 113 – Budget Act of 2026
- Bill Summary: AB 113 builds on efforts that reduce barriers to psychedelic-assisted therapies for veterans by appropriating $4.7 million to the California Initiative to Advance Precision Medicine (CIAPM) to actually conduct research.
- Current Status: The Bill was signed into law by the governor on September 18, 2026, as part of the 2026 Budget Act.
- Analysis: AB 113 represents a meaningful investment in contributing to the evidence base for psychedelic-assisted therapies, particularly for veterans who continue to struggle with treatment-resistant mental health conditions. It is important, however, for research funding to be understood as a foundation, not an endpoint. As California continues to reduce barriers to psychedelic research, policymakers must also ensure advances in this area translate into accessible, affordable, equitable, and humane systems of care for the entire community. Ideally those systems would also eliminate the criminalization of personal use.
Massachusetts
- Name of Ballot Measure: Question 8 – An Act to Restore Sensible Marijuana Policy
- Measure Summary: Question 8 would repeal MA’s laws authorizing, regulating, and taxing the retail sale of adult-use marijuana, effectively ending the state’s licensed recreational cannabis market while preserving the medical marijuana program. Adults 21 and older would continue to be permitted to possess up to one ounce of the flower, and could gift or transfer that amount to another adult. Possession of between one and two ounces would be subject to a $100 civil penalty and forfeiture. The measure would also allow existing adult-use marijuana businesses to seek expedited medical marijuana licenses, and to transfer remaining recreational inventory to medical marijuana dispensaries.
- Current Status: The measure is scheduled to appear as Question 8 on the November 3, 2026 Massachusetts ballot. If the public votes to pass the measure, it will take effect on January 1, 2028.
- Analysis: Question 8 represents a significant step backward from a post-prohibitionist approach to drug policy. Rather than building on advances in education, additional public health data, and protecting individual autonomy, the measure would dismantle Massachusetts’ regulated adult-use cannabis framework while retaining or reintroducing penalties around possession and access. Reversing legalization risks reviving the familiar prohibitionist regime that has devastated low-income Black and Brown communities for generations.
The policy landscape continues to evolve, and this year has invited us to reflect on its remarkable progress, and also our concerns. Question 8 should also serve as a cautionary tale for psychedelic policy. Restricting access to cannabis or psychedelics for medical use is disconnected from the reality of substance use in our society, and ongoing criminalization does little to ensure public safety. We know that harm reduction, honest public education, and community-driven regulation better equips people to make informed decisions and reduce risk, yet recognize that progress at the ballot box requires ongoing investment to protect policy progress from reactive forces. Ultimately, it is critical that drug policy transforms, rather than reproduces, restrictive systems that ultimately fail the people they are intended to protect. MAPS will continue to champion efforts that center these values until we’ve realized a post-prohibition future grounded in evidence, equity, and dignity.
For a deeper dive into practical and visionary frameworks for shaping psychedelic policy across local, state, and federal jurisdictions, become a MAPS Member. Members are given early news about MAPS policy opportunies, toolkits, and more.