Federal Appeals Court Dismisses Cancer Patients’ Case To Use Psilocybin Under Right-To-Try Laws

MJ moment

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has rejected a lawsuit by cancer patients and their doctor seeking access to psilocybin—the main psychoactive compound in psychedelic mushrooms—to help treat end-of-life depression and anxiety. The patients and Seattle-based palliative care physician Dr. Sunil Aggarwal sued the U.S. Drug Enforcement Administration (DEA) in March, after the agency sent a letter saying there was no way for his clinic, the Advanced Integrative Medical Sciences (AIMS) Institute, to dispense a synthetic form of the psilocybin under state and federal right-to-try (RTT) laws. The laws allow patients with terminal conditions to try investigational medications that have not been approved for general use. In a published opinion filed Monday, the Ninth Circuit panel dismissed the suit on procedural grounds, writing that the court lacked jurisdiction because DEA’s letter was not a reviewable decision. “In short,” the opinion says, “AIMS’s issue is not with the DEA’s letter, but with the CSA’s criminalization of psilocybin use, subject to narrow exemptions. An advice letter recognizing that Congress has not yet made an exception to the CSA to allow for the legal use of psilocybin for therapeutic purposes is not an agency decision.” Lawyers for the patients had argued that DEA’s guidance effectively left patients with no path forward — a position that DEA’s own attorney seemed to agree with. “As the agency indicated in its letter,” Thomas Pulham, a Department of Justice Appellate lawyer, told the panel at oral argument in September, “there’s no procedure available under the Right to Try Act, because the Right to Try Act does not provide the agency any authority to waive the requirements of the Controlled Substances Act.” Pulham argued that if the AIMS Institute and its patients were to proceed with psilocybin therapy and face enforcement action…

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Source : Federal Appeals Court Dismisses Cancer Patients’ Case To Use Psilocybin Under Right-To-Try Laws

reposted by Cannabis News World

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