RICHMOND, VA USA (April 6, 2026) – The Virginia General Assembly has published Senate Bill (SB) 379 for the 2026 Regular Session, a measure directing the Virginia Board of Pharmacy to promulgate regulations permitting the prescribing, dispensing, possession, and use of psilocybin following federal approval. As introduced, the bill applies to Food and Drug Administration-approved formulations of psilocybin and conditions implementation on subsequent rescheduling by the U.S. Drug Enforcement Administration.
The published version of SB379 replaces earlier formulation-specific statutory language with updated references to “FDA-approved psilocybin formulations” administered within a healthcare setting. The bill outlines a regulatory process under which the Board of Pharmacy would adopt emergency regulations after FDA approval and later initiate permanent rulemaking in accordance with Virginia’s Administrative Process Act.
Porta Sophia’s Role in the Legislative Process
Porta Sophia, a nonprofit organization focused on preserving the public domain and promoting rigor in psychedelic intellectual property and policy, engaged with Virginia policymakers during the bill development process. Porta Sophia provided technical feedback on statutory language related to chemical formulations and intellectual property considerations, with the aim of ensuring consistency with federal regulatory frameworks and avoiding unnecessary specificity in state law.
Through meetings and written communications, Porta Sophia shared analysis regarding how formulation-specific terminology may interact with patent claims and regulatory implementation. The organization’s input was provided as part of broader stakeholder engagement during the drafting phase of the legislation.
Context and Next Steps
SB379 was prefiled on January 13, 2026, and formally introduced on January 14, 2026. The bill has been referred to the Senate Committee on Education and Health for consideration. If enacted, the measure would take effect only upon FDA approval of a psilocybin drug product and subsequent DEA rescheduling.
Porta Sophia will continue to monitor the progress of SB379 and related legislation, as well as broader state and federal developments affecting psychedelic research, regulation, and intellectual property.
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Porta Sophia, meaning doorway to wisdom, is a non-profit psychedelic prior art library created to support good patents in the field of psychedelics. Based in Madison, Wisconsin USA, Porta Sophia identifies scientific, historical and cultural prior art in common and uncommon spaces and brings it together in one simple search tool for innovators and patent reviewers. The organization's mission is to protect the public domain, stimulate innovation, and support good patents to assure psychedelic therapies can one day be available at scale to the people who need them.
Porta Sophia works to support equity in the psychedelic field. The organization facilitates community engagement through encouraging submissions of prior art from the public and organizing an interdisciplinary Archival Researcher Network (ARN) to ensure quality psychedelic prior art is readily available to patent applicants, examiners, and those interested in psychedelic research.
To learn more about Porta Sophia's patent and prior art workflow or get involved, visit www.portasophia.org.