DEA Faces Legal Challenge Over Denial Of Psilocybin For End-Of-Life Care
A federal appeals court heard arguments on Monday in a case that could significantly impact access to psilocybin for terminally ill patients. As reported by Marijuana Moment, the case brought by Dr. Sunil Aggarwal and his Advanced Integrated Medical Science (AIMS) Institute, challenges the Drug Enforcement Administration’s (DEA) decision to deny the use of psilocybin under state and federal Right to Try (RTT) laws. These laws aim to provide patients with terminal conditions the opportunity to try investigational drugs that have yet to receive full approval.
Dr. Aggarwal, who has been advocating for the therapeutic use of psilocybin for patients in end-of-life care since at least 2020, argues that RTT laws should permit the use of psilocybin, despite its classification as a Schedule I controlled substance. However, the DEA maintains that RTT laws do not exempt any substance from the restrictions imposed by the Controlled Substances Act (CSA).
Legal Dispute Over Right To Try And Controlled Substances
During the hearing before the Ninth Circuit Court of Appeals, Shane Pennington, an attorney for Dr. Aggarwal, argued that the DEA’s interpretation of the RTT laws is overly restrictive. “What we’re faced with is a categorical view of the world from the DEA, and that categorical view of the world is that …