Federal policy • Patient access • Research • Competition

Approve the medicine. Reschedule the molecule.

FDA approval of a psychedelic medicine should not leave the active ingredient trapped in Schedule I.

The Coalition for Psychedelic Rescheduling is working to prevent dual scheduling: a system where one approved branded drug becomes lawful while the same active pharmaceutical ingredient remains Schedule I for research, manufacturing, compounding, and future treatment innovation.

Working prototype. Legal, scientific, statistical, coalition membership, and affiliation language require final counsel review before public launch.
1 moleculeShould not live under two federal schedules
Schedule ICreates the most restrictive research controls
849Schedule I researcher registrations cited in coalition materials
~2.18MCSA registrants cited for the Schedule III comparison
01 / The premise

FDA approval is not the same as freeing the molecule.

The public assumption is simple: FDA approves a psychedelic medicine, DEA moves the substance out of Schedule I, and doctors can treat patients. The coalition’s premise is that the law can produce a very different result.

DEA can schedule an approved finished drug product differently from the bulk active pharmaceutical ingredient used to make medicine, run new studies, test different doses, or develop new formulations. That creates two regulatory worlds for the same active molecule.

One approved brand can move. The underlying molecule can stay behind.
That is the dual scheduling problem this coalition is organized to address.
02 / Two worlds

What changes when the ingredient moves with the medicine?

The coalition’s comparison uses ketamine as the Schedule III model and a hypothetical split scheduled psilocybin product as the contrast.

Ketamine
Drug + raw ingredient both Schedule III
Psilocybin under dual scheduling
Approved product Schedule III · raw API Schedule I
Can a clinic legally use the raw powder?
Yes
No
Can a new form or dose be compounded?
Yes — already happens
No — raw powder remains Schedule I
Can the ingredient be purchased through ordinary wholesale channels?
Yes
No — special Schedule I controls apply
Extra Schedule I research registration + secure storage?
No
Yes
Planning range: time to first study dose
1–6 months
12–24+ months
Planning range: small study startup cost
$30k–$200k
$200k–$800k+
DEA / CSA registrants authorized to handle raw API
~2.18 million
849 Schedule I researcher registrations
Prototype rendering of figures supplied in coalition source materials. Planning ranges and registrant counts require source validation and counsel review before publication.
03 / Why it matters

Dual scheduling does more than complicate paperwork.

01 / Research

Research stays constrained.

Leaving the API in Schedule I preserves a separate registration, protocol, security, quota, and supply burden for future studies involving the molecule.

02 / Dosing

Innovation around dose and form narrows.

New strengths, formulations, routes of administration, and treatment protocols can continue to depend on access to a Schedule I ingredient.

03 / Access

Lawful access can concentrate around one product.

If only the approved finished drug leaves Schedule I, the legal supply pathway can remain centered on a single branded formulation rather than the active ingredient.

04 / Safety

Patients still need lawful, tested pathways.

The coalition’s position is that moving the pharmaceutical ingredient with an approved medicine can support regulated research and dosing rather than leaving the underlying molecule in the illicit market.

04 / The policy ask

Move the ingredient with the approved medicine.

When FDA approves a product containing psilocybin, MDMA, LSD, or another psychedelic active ingredient, the coalition wants federal scheduling policy to address the bulk active pharmaceutical ingredient as well as the branded finished drug.

Do not write the federal listing as “this brand only.”
Do not create two schedules for the same medically accepted active molecule.

This is not a call to legalize street use. It is a call to create a lawful pharmaceutical and research pathway for the active ingredient when the federal government recognizes an approved medical use.

05 / The path

A coordinated federal strategy.

The coalition brings legal, scientific, patient, veteran, research, policy, and industry voices together around a precise federal outcome.

Evidence

Build the scientific and medical record

Ground the policy case in evidence and the statutory framework governing scheduling.

HHS

Scientific and medical recommendation

Focus attention on the federal evaluation of medical use, abuse potential, and the relevant scheduling factors.

Coalition focus

Prevent split or brand only scheduling

Make the distinction between rescheduling a finished product and rescheduling the underlying API visible before the final scheduling architecture is set.

DEA

Reschedule the API with the medicine

Seek a federal outcome that does not leave the bulk active ingredient in Schedule I while recognizing medical use in an approved product.

06 / The coalition

One objective. Many credible voices.

The coalition should be broader than any one company or product. The policy affects the future of psychedelic research, treatment development, patient access, and competition.

Scientists
Physicians
Veterans
Patients
Legal experts
Policy leaders
Researchers
Advocacy groups
Industry

Founding member logos and organizational endorsements should appear here only after written approval.

07 / Legal leadership

The legal strategy is not theoretical.

Shane Pennington brings direct experience with the federal agencies, statutes, courts, and rescheduling proceedings at the center of this coalition’s mission.

Coalition legal leadership

Shane A. Pennington

Partner, Blank Rome LLP
Federal controlled substances and administrative law counsel
DEAHHSControlled Substances ActAdministrative LawFederal Appeals

A lawyer who has already worked inside the exact federal machinery this coalition is trying to change.

Shane’s value to the coalition is not simply subject matter expertise. His record connects the core pieces of the strategy: psychedelic rescheduling, DEA decision making, Schedule I research access, federal appellate litigation, and coalition based scheduling reform.

01
Psilocybin reschedulingWorked on the legal challenge to DEA action concerning Dr. Sunil Aggarwal’s petition seeking to move psilocybin from Schedule I to Schedule II.
02
Ninth Circuit reviewPart of the legal work connected to the 2023 appellate decision requiring DEA to better explain or reconsider its handling of the psilocybin rescheduling petition.
03
Current federal pathwayReported as co counsel on the subsequent psilocybin rescheduling petition that DEA advanced to HHS for scientific and medical evaluation in 2025.
04
Schedule I research barriersHas represented scientists and organizations challenging federal restrictions affecting research and access involving Schedule I controlled substances.
05
Rescheduling coalition experienceHas represented industry interests in the federal marijuana rescheduling process, providing a close procedural analogue for building a coordinated psychedelic rescheduling strategy.

Draft public positioning. Shane’s coalition title, biography, headshot, Blank Rome affiliation treatment, quotes, and any firm branding require Shane and Blank Rome approval before publication.

08 / The principle

Medical use should apply to the molecule, not only the label.

The first company to secure FDA approval should be rewarded for bringing a medicine to market. The coalition’s position is that approval should not create a permanent regulatory moat around the underlying molecule.

If the federal government recognizes an accepted medical use for an active ingredient in an approved medicine, the scheduling framework should allow responsible research, lawful pharmaceutical development, and future clinical innovation around that ingredient under appropriate controls.

09 / Participate

Help prevent dual scheduling before it becomes the psychedelic precedent.

Researchers, clinicians, veterans organizations, patient advocates, policy organizations, legal experts, and responsible industry participants can help build the federal case for rescheduling the active ingredient with the approved medicine.

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