Divergent States
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Divergent States Special Report: Robert Rush on the DEA’s Psychedelic Scheduling Proposal

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What evidence should justify placing a psychedelic substance in Schedule I, and what happens to research when those restrictions take effect?

Attorney Robert T. Rush joins 3L1T3 and Bryan to discuss the DEA’s proposal to schedule five tryptamines: 4-OH-DiPT, 5-MeO-AMT, 5-MeO-MiPT, 5-MeO-DET, and DiPT.

Rush explains his objections to the government’s evidence, the potential consequences for researchers, and his work defending cognitive liberty. We also revisit the disputed use of Reddit posts in the separate DOI/DOC proceedings and discuss how public comments and hearing requests work.

This Special Report is available in full publicly and on Patreon.

Participate before October 23, 2026

Submit a public comment:
Official comment form on Regulations.gov

Electronic comments close October 23 at 11:59 p.m. Eastern / 10:59 p.m. Central. Reference Docket No. DEA1715. Comments become part of the public record.

Request a hearing:
Official notice and filing instructions

A hearing request is a separate filing, not a submission through the comment form. Interested persons must explain their interest, objections, and position. Requests must be received by October 23 and sent to:

Drug Enforcement Administration
Attn: Administrator
8701 Morrissette Drive
Springfield, VA 22152

Read the notice for full requirements and courtesy-copy instructions.

Researchers interested in participating

Rush is seeking researchers, including students, whose work with these compounds could be affected.

Chapters:

00:00 Introduction
04:48 Robert Rush and the Rights and Reason Project
06:18 The DEA’s Proposal and Schedule I
09:11 Research Consequences
11:20 Reddit Posts as Evidence
13:56 The Rulemaking and Hearing Process
16:22 Examining the Government’s Evidence
19:29 Safety Claims and Poison-Center Data
23:04 The DOI/DOC Hearing and Online Reports
30:16 Research Barriers Under Schedule I
35:22 Drug Development and Regulatory Concerns
39:08 Reforming the Controlled Substances Act
40:43 Community Questions: Enforcement and Researchers
44:22 Rush’s Account of the DOI Proceedings
47:59 How to Participate Before October 23
49:44 Comments Versus Hearing Requests
51:20 Researchers Wanted for the Challenge
52:47 Final Takeaway and Judicial Review
54:37 Where to Find Robert Rush
57:34 Closing Discussion and Listener Resources

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