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DEA's five-tryptamine NPRM is not Schedule I

Chris Girard
Sep 25
4 min read

On September 23, 2026, DEA published a Notice of Proposed Rulemaking that proposes to place five tryptamine hallucinogens into Schedule I of the Controlled Substances Act.

That is not the same thing as scheduling them.

The instrument is a Proposed Rule — Federal Register Doc 2026-19400, 91 FR 60338–60347, Docket DEA1715. Primary: Federal Register — Placement of 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET, and DiPT Into Schedule I (Sep 23, 2026).

A proposed rule is not a final scheduling order. Until a later final rule publishes and takes effect, those five substances are not added to 21 CFR 1308.11(d) by this NPRM alone.


What DEA actually proposed

DEA proposes Schedule I control (including salts, isomers, and salts of isomers where applicable) for:

4-hydroxy-N,N-diisopropyltryptamine: 4-OH-DiPT — 7516

5-methoxy-alpha-methyltryptamine: 5-MeO-AMT — 7506

5-methoxy-N-methyl-N-isopropyltryptamine: 5-MeO-MiPT — 7512

5-methoxy-N,N-diethyltryptamine: 5-MeO-DET — 7525

N,N-diisopropyltryptamine: DiPT — 7522


If finalized, DEA says the action would impose the full Schedule I package — registration, security, labeling, quotas, inventory, records, order forms, import/export, and criminal exposure for unauthorized handling — on persons who manufacture, distribute, reverse distribute, import, export, research, teach, analyze, or possess these five substances. That is the consequence of a final rule, not of the September 23 proposal.


The comment clock is real — the Schedule I listing is not yet

DATES in the NPRM: comments must be submitted electronically or postmarked on or before October 23, 2026. The electronic system will not accept comments after 11:59 p.m. Eastern Time that day. Hearing requests and waivers under 21 CFR 1308.44 / 1316.47 / 1316.49 are also due on or before October 23, 2026.

Electronic comments: regulations.gov comment portal for DEA-2026-1585-0001. Reference Docket No. DEA1715 on correspondence.

October 23 is a comment and hearing-request deadline. It is not a schedule-effective date. Closing a comment window does not, by itself, move chemicals into Schedule I.


This is a restart, not a first try

Operators who remember 2022 are not imagining it. DEA published an earlier NPRM on these same five tryptamines on January 14, 2022 (87 FR 2376), announced a hearing, then withdrew the proposed rule and hearing notice effective July 27, 2022 (87 FR 45076) so it could seek an updated HHS scientific and medical evaluation. Primaries: 2022 NPRM · 2022 withdrawal.

The September 23, 2026 NPRM states HHS delivered an updated evaluation and Schedule I recommendation on April 2, 2026, and that DEA updated its own eight-factor analysis. Treat that as agency process history — not as proof the 2026 proposal will (or will not) finalize on any particular calendar day.


What operators are mashing together

FR Doc 2026-19400 (Sep 23, 2026): NPRM proposing Schedule I for five named tryptamines — Does not finalize Schedule I; does not amend 21 CFR 1308.11 yet

Oct 23, 2026 comment / hearing deadline: Close of public comment + hearing-request window — Is not an effective date for control

2022 NPRM + Jul 27, 2022 withdrawal: Prior proposal on the same five; withdrawn pending updated HHS review — Does not prove the 2026 NPRM is already law or already dead

Three false merges to kill in Discord and lab decks:

1. "DEA published Schedule I on September 23." DEA published a proposed placement. Schedule I listing in 21 CFR 1308.11(d) for these five codes happens only if and when a final rule says so.

2. "October 23 is when they become illegal." October 23 is when comments and hearing requests are due. It is not the effective date printed in this NPRM for control.

3. "This is the same federal process story as every other DEA headline this month." This pack maps DEA1715 / five tryptamines NPRM 2026-19400 only. One cluster per article.


Microregulator prediction

Between September 23 and the October 23 comment close, expect research labs, analytical houses, and specialty chemical suppliers to get asked two questions that sound the same in Slack and are not the same on a registration file: (a) are you dual-mapping inventory and protocols as if 4-OH-DiPT / 5-MeO-AMT / 5-MeO-MiPT / 5-MeO-DET / DiPT are already Schedule I, and (b) are you preparing comments or a hearing request that actually reference Docket DEA1715 and the eight-factor record. Watch dual-map failures when a team treats an NPRM PDF as either (1) permission to ignore a later final rule or (2) proof the chemicals are controlled today. Only a later final rule with an effective date — or a separate temporary order if DEA ever uses that path for these five — moves the CSA list.


Personal thoughts

Operators are right to treat a five-chemical Schedule I NPRM as more than noise. They are wrong to treat a Proposed Rule as a finished listing, and they are wrong to skip the October 23 comment clock because "DEA already decided." The dual-map is simple: proposed list vs currently uncontrolled status for these five vs adjacent Schedule I tryptamines already on the books. Keep them in separate columns before you rewrite research protocols, refuse a COA job, or tell a client those tryptamines are Schedule I as of last Wednesday.

Research / SKU dual-map for the five-tryptamine NPRM vs live CSA list: https://thynkflow.io. When you need consulting on DEA registration or research-protocol overlay: https://www.thynk.guru/contact-us. Comment portal while the window is open: https://www.regulations.gov/commenton/DEA-2026-1585-0001.



Disclaimer. This article is operator analysis from Thynk Industries, not legal advice, not a lobbying communication, and not a prediction sold as a later Federal Register final rule. An NPRM, a withdrawn 2022 proposal, a regulations.gov comment form, a language model, and a "DEA scheduled it" rumor are not substitutes for counsel reading Doc 2026-19400, Docket DEA1715, and any later final rule that actually publishes.

 
 
 

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