Health Department says extra statutory language unnecessary if FDA approves psilocybin

Members discussed draft language that would allow the state to act if FDA approves psilocybin or synthetic psilocybin. Jessica Shufelt of the Department of Health told the committee that because of existing statutory language in 18 V.S.A. §4214, an FDA-approved drug would not remain subject to the special prohibitions in the state's regulated-drug rules and would instead be handled under standard controlled-substances processes.

Charlotte Garen, representing Compass Pathways, said her organization understands that federal and state steps would be required to remove psilocybin from the controlled-substance list and offered to work with the health department and legislative staff on correct drafting. The committee requested follow-up testimony from the health department (Lauren Lyman was suggested) and legislative counsel to confirm whether additional statutory language is warranted.

No vote was taken; staff said they would coordinate with the health department and return revised language or a recommendation to the committee.