DEA May Find Itself In Federal Court Again Over Refusal To Provide Psilocybin Access To Terminally Ill Patients

DEA May Find Itself In Federal Court Again Over Refusal To Provide Psilocybin Access To Terminally Ill Patients
MJ moment

The Drug Enforcement Administration (DEA) may soon find itself in federal court again over its refusal to grant a doctor access to psilocybin to treat his terminally ill patients under “Right-to-Try” (RTT) laws. It’s been more than a year since Washington State physician Sunil Aggarwal of the Advanced Integrative Medical Science (AIMS) first sought permission from DEA to obtain psilocybin to treat severe anxiety and depression in cancer patients. The subsequent denial led to a court challenge, with plaintiffs asserting that the agency was not following federal RTT statute intended to let patients with terminal conditions try investigational medications that have not been approved for general use. The U.S. Court of Appeals for the Ninth Circuit heard testimony in the case and received amicus briefs from various organizations, as well as bipartisan state attorneys general, who supported the challenge. But it ultimately rejected the case on procedural grounds, determining that it didn’t have jurisdiction in the matter because DEA’s position was not a final rule. DEA argued in a 2021 letter to attorneys for the plaintiffs that there’s no statutory carve-out permitting it to authorize Aggarwal to obtain psilocybin under RTT. The agency suggested that the doctor go through the onerous process of applying to be certified as a researcher authorized to study Schedule I drugs. After that decision was handed down in January, the petitioners sent another letter to DEA, asking whether its position constituted a “final decision.” On June 28, the agency replied by saying that the request “effectively restates the grounds that you previously submitted to DEA,” and nothing has changed. “DEA finds no basis for reconsideration of its February 12, 2021 letter because the legal and factual considerations remain unchanged,” it said, as first reported by The Microdose. “Nonetheless, as DEA previously indicated, the agency welcomes…

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Source : DEA May Find Itself In Federal Court Again Over Refusal To Provide Psilocybin Access To Terminally Ill Patients

reposted by Cannabis News World

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