Marijuana Moment reports
A federal appeals court has ruled against the Drug Enforcement Administration (DEA) in a lawsuit over a Washington State doctor’s petition to reschedule psilocybin. The court said DEA failed to explain its reasoning when it denied the petition, and it ordered the agency to provide a more complete justification.
The court did not, however, send the petition to the Department of Health and Human Services (HHS) for review, as lawyers for the doctor had requeste
The opinion, handed down Friday by panel of the U.S. Court of Appeals for the Ninth Circuit, does not change the legal status of psilocybin itself. But it keeps alive the rescheduling petition, filed by physician Sunil Aggarwal in February 2022, and requires DEA “to either clarify its pathway for denying Aggarwal’s petition or reevaluate Aggarwal’s petition on an open record.”
Aggarwal has been working since at least 2020 to find a way to legally obtain psilocybin for terminally ill cancer patients undergoing end-of-life care. He initially sought to win permission from regulators under state and federal right-to-try laws, which allow patients with terminal diseases to try investigational medications that haven’t been generally approved.
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