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

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. Rights and Reason Project Robert Rush’s law practice Email: [email protected] 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 Send us Fan Mail Love the podcast? Help keep the conversations going by checking out our official merch shop! We've got t-shirts, hoodies, hats, mugs, stickers, and more, with new designs added regularly. Every purchase helps support independent, honest conversations about psychedelics, science, and culture. Shop now: https://divergent-states-shop.fourthwall.com/ FiresideProject.org Download the app or text/call 62-FIRESIDE Zendo Project Our listeners get 10% off the Zendo Project SIT Program with the code DIVERGENTS10 Disclaimer: This post contains affiliate links. If you make a purchase, I may receive a commission at no extra cost to you. Support the show Special Thanks to our Macrodosers, Super D and Mike, and our Thumbprint Tier member, Angie on Patreon!   https://linktr.ee/3L1T3Mod