DEA Sued Again Over Refusal To Allow Psilocybin Access For Patients Despite Federal Law

DEA Sued Again Over Refusal To Allow Psilocybin Access For Patients Despite Federal Law
MJ moment

The Drug Enforcement Administration (DEA) is being sued—again—over its refusal to allow a doctor to treat terminally ill patients with psilocybin therapy pursuant to federal and state “Right to Try” (RTT) laws, which are aimed at expanding access to Schedule I investigational drugs that aren’t currently approved for general use. In addition to the new lawsuit, DEA is also facing increased political pressure from bipartisan lawmakers, who are taking an extra step to provide additional congressional clarification, filing companion bills in the House and Senate on Wednesday to reaffirm that the scope of Right to Try policy should include psychedelics. The latest litigation is a follow up to an earlier lawsuit that was heard before the U.S. Ninth Circuit Court of Appeals, which ultimately rejected that case in February on procedural grounds. In essence, the federal court ruled that they could not reach the merits of the challenge because DEA hadn’t made clear that its denial constituted a final rule that could be appealed. Following that decision, the plaintiffs repeatedly sought clarification from DEA on whether its decision was final. The agency declined to respond to those written requests, so attorneys informed DEA they would give officials until this week to reply, after which point they would consider the decision final and submit another lawsuit. That suit was filed in the same federal appeals court on Friday. The hope is that the judges will now get to the merits of the challenge, which generally asserts that DEA is unlawfully misinterpreting and misapplying Right to Try statute that should allow terminally ill patients to access Schedule I investigational drugs like psilocybin. “In denying Petitioners’ requested accommodation in the Final Agency Action, DEA hides behind a smokescreen, neglecting its duty to implement the federal RTT and violating the state RTT,” the complaint…

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Source : DEA Sued Again Over Refusal To Allow Psilocybin Access For Patients Despite Federal Law

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