Canna Law Blog – Harris Bricken: Top 6 Ketamine Clinic Questions Asked and Answered


Our firm has seen a recent increase in ketamine clinic clients, both domestic and foreign (including for ketamine clinic buyers engaged in M&A, see here and here). In both camps, certain questions keep cropping up regarding starting, operating, and managing a ketamine clinic venture in the states. And what’s abundantly clear is that many people don’t understand that delving into a ketamine clinic really means having to comply with myriad existing healthcare regulations and laws in the United States on the state and federal level, which are interspersed with a multitude of court cases, administrative decisions, and state attorney general opinions that regularly alter compliance standards (indeed, having a well thought out compliance plan is pretty key for these clinics). When people hear of ketamine clinics, they tend to think they’re dealing with an emerging psychedelic medicine in the health and wellness market. Nonetheless, while the use of ketamine to treat mental health issues is definitely an emerging area in medicine, it’s place in the healthcare regulatory world is already well-established and failure to comply accordingly has serious consequences. In turn, here are the top 6 questions we’ve been getting lately around ketamine clinics: Isn’t the regulation of ketamine clinics just like adult-use/medicinal cannabis businesses? No, it’s not. In fact, the two are treated wildly differently by federal and state governments. Pursuant to the federal Controlled Substances Act, cannabis is an illegal schedule I controlled substance while ketamine is on schedule III. Cannabis cannot be lawfully prescribed by physicians; physicians can only “recommend” its use to patients based on individual state laws that identify who qualifies as a patient for its use. Ketamine can be lawfully prescribed, and it’s typically used as a surgical anesthetic even though it is actually a psychedelic (ketamine infusions for mental health disorders constitute “off label” uses, which is a well…

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Source : Canna Law Blog – Harris Bricken: Top 6 Ketamine Clinic Questions Asked and Answered

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