Senate passes trigger law to reschedule FDA‑approved psilocybin composition for medical use

The Senate passed House Bill 1099 on March 2, a trigger statute that would reschedule a pharmaceutical composition of crystalline polymorphs of psilocybin as a Schedule IV controlled substance in South Dakota if and when the Food and Drug Administration and federal scheduling processes authorize a medical formulation.

Senator Pisky, who carried the bill, said the measure was designed to prevent delays between federal approval and patient access in South Dakota for people with treatment‑resistant depression or post‑traumatic stress disorder. "When the FDA approves a new treatment…this bill eliminates that unnecessary delay in patient access," the sponsor said (SEG 709–721).

Opponents warned the research is not yet mature and cautioned against immediate rescheduling to Schedule IV, which carries a lower perceived abuse potential. Senator Blanc said the American Psychiatric Association cautions the evidence is still limited and urged caution and additional testing before enabling wide clinical use (SEG 729–741).

Clinical supporters, including health professionals who spoke on the floor through senators, described controlled, guided administration with medical supervision and counseling as part of the treatment model and emphasized potential benefits for veterans with PTSD (SEG 811–833).

The final roll-call was 21 yays, 12 nays and two excused; the president declared the bill passed. The statute would only take effect if and when the FDA authorizes the specified pharmaceutical product and federal scheduling is completed.