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S. B. No. 2056 *SS08/R310* ~ OFFICIAL ~ G1/2
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To: Drug Policy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Turner-Ford
SENATE BILL NO. 2056
AN ACT TO AUTOMATICALLY SCHEDULE, ON THE STATE SCHEDULES OF 1
CONTROLLED SUBSTANCES, ANY PHARMACEUTICAL COMPOSITION CRYSTALLINE 2
POLYMORPH PSILOCYBIN THAT IS APPROVED BY THE UNITED STATES FOOD 3
AND DRUG ADMINISTRATION AND SCHEDULED BY THE UNITED STATES DRUG 4
ENFORCEMENT ADMINISTRATION; TO PROVIDE THAT THE AUTOMATIC 5
SCHEDULING SHALL BE EFFECTIVE FOR A CERTAIN TIME PERIOD; TO AMEND 6
SECTION 41-29-111, MISSISSIPPI CODE OF 1972, TO DELETE OUTDATED 7
LANGUAGE RELATED TO COVID-19; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Notwithstanding any law to the contrary, any 10
pharmaceutical composition of crystalline polymorph psilocybin 11
that is approved by the United States Food and Drug Administration 12
and is then scheduled by the United States Drug Enforcement 13
Administration shall be automatically scheduled on the 14
corresponding state schedule in Sections 41-29-113 through 15
41-29-121 and shall be subject to the fines and penalties of that 16
state schedule. This automatic scheduling shall be effective from 17
the date that the drug is designated on the federal schedule until 18
the effective date of legislation amending the corresponding state 19
schedule or until the conclusion of the next regular session of 20
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the Legislature, including the time period in which the bill is 21
subject to veto by the governor, whichever is earlier. 22
SECTION 2. Section 41-29-111, Mississippi Code of 1972, is 23
amended as follows: 24
41-29-111. (1) The Commissioner of Public Safety shall 25
administer this article and shall work in conjunction and 26
cooperation with the State Board of Pharmacy, county and municipal 27
law enforcement agencies, the district and county attorneys, the 28
Office of the Attorney General and the Mississippi Bureau of 29
Narcotics. The State Board of Health shall work with the bureau 30
in an advisory capacity and shall be responsible for recommending 31
to the Legislature the appropriate schedule for all substances to 32
be scheduled or rescheduled in Sections 41-29-113 through 33
41-29-121. In making a recommendation regarding a substance, the 34
State Board of Health shall consider the following: 35
(a) (i) The actual or relative potential for abuse; 36
(ii) The scientific evidence of its 37
pharmacological effect, if known; 38
(iii) The state of current scientific knowledge 39
regarding the substance; 40
(iv) The history and current pattern of abuse; 41
(v) The scope, duration and significance of abuse; 42
(vi) The risk to the public health; 43
(vii) The potential of the substance to produce 44
psychic or physiological dependence liability; and 45
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(viii) Whether the substance is an immediate 46
precursor of a substance already controlled under this article. 47
(b) After considering the factors enumerated in 48
paragraph (a), the State Board of Health shall make findings with 49
respect thereto and issue a recommendation to control the 50
substance if it finds the substance has a potential for abuse. 51
(c) If the State Board of Health designates a substance 52
as an immediate precursor, substances that are precursors of the 53
controlled precursor shall not be recommended for control solely 54
because they are precursors of the controlled precursor. 55
(d) If any substance is designated, rescheduled, or 56
deleted as a controlled substance under federal law and notice 57
thereof is given to the State Board of Health, it shall recommend 58
the control of the substance under this article at the next 59
session of the Legislature. 60
(e) (i) Authority to control under this article does 61
not extend to distilled spirits, wine, malt beverages, or tobacco 62
as those terms are defined or used in the Local Option Alcoholic 63
Beverage Control Law, being Sections 67-1-1 through 67-1-91, and 64
the Tobacco Tax Law of 1934, being Sections 27-69-1 through 65
27-69-77. It is the intent of the Legislature of the State of 66
Mississippi that the bureau shall concentrate its efforts and 67
resources on the enforcement of the Uniform Controlled Substances 68
Law with respect to illicit narcotic and drug traffic in the 69
state. 70
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ST: Controlled substances; provide for
automatic scheduling of certain substance if
federal scheduling occurs.
(ii) The controlled substances listed in the 71
schedules in Sections 41-29-113 through 41-29-121 are included by 72
whatever official, common, usual, chemical or trade name 73
designated. 74
(f) The State Board of Health shall recommend the 75
exclusion of any nonnarcotic substance from a schedule if such 76
substance may, under the Federal Food, Drug and Cosmetic Act and 77
the laws of this state, be lawfully sold over the counter without 78
a prescription. 79
(2) * * * [Deleted] 80
SECTION 3. This act shall take effect and be in force from 81
and after July 1, 2026. 82