2026 SESSION

INTRODUCED

26104820D

SENATE BILL NO. 379

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to direct the Board of Pharmacy to promulgate regulations that allow for the prescribing, possessing, dispensing, and use of psilocybin.

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Patrons—Boysko and Surovell

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Referred to Committee on Education and Health

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Be it enacted by the General Assembly of Virginia:

1. § 1. Upon approval by the U.S. Food and Drug Administration (FDA) of a formulation of psilocybin designed to be administered by a health care professional in a health care setting, the Board of Pharmacy shall promulgate emergency regulations within 280 days to make the following activities legal in the Commonwealth with respect to that formulation: (i) the clinically appropriate prescription for a patient of the FDA-approved formulation of psilocybin by a health care provider licensed to prescribe medications in the Commonwealth and acting within his authorized scope of practice; (ii) the dispensing, pursuant to a valid prescription, of the FDA-approved formulation of psilocybin to a patient or a patient's authorized representative by a pharmacist or by another health care provider licensed to dispense medications in the Commonwealth and acting within his authorized scope of practice; (iii) the possession, distribution, and transport of the FDA-approved formulation of psilocybin by a patient to whom a valid prescription was issued or by the patient's authorized representative; (iv) the possession, distribution, and transport of the FDA-approved formulation of psilocybin by a licensed pharmacy or wholesaler in order to facilitate the appropriate dispensing and use of the drug; and (v) the use of the FDA-approved formulation of psilocybin by a patient to whom a valid prescription was issued, provided the patient uses the drug only for legitimate medical purposes in conformity with instructions from the prescriber and dispenser. At its next quarterly meeting following rescheduling by the U.S. Drug Enforcement Administration of any formulation of psilocybin that has been approved by the FDA, the Board of Pharmacy shall initiate rulemaking to amend its regulations in accordance with the requirements of Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of the Administrative Process Act to conform to the provisions of this act.