In this episode of Psychedelica Lex, I offer a quick summary review of Dr. Aggarwal’s victory at the 9th Circuit Court of Appeals.
October 2023 brought potential good news to psilocybin in an unpublished memorandum decision from the 9th Circuit Court of Appeals. In Aggarwal v. United states Drug Enforcement Administration, Dr. Sunil Aggarwal petitioned for review of the Drug Enforcement Administration’s denial of his petition to transfer psilocybin from schedule 1 to schedule 2, pursuant to its authority under 21 U.S.C. § 811a. The United States Court of Appeals for the Ninth Circuit granted the petition, holding that the Drug Enforcement Administration failed to consider relevant factors and made a clear error of judgment in denying the petition. The court ordered the Drug Enforcement Administration to reconsider the petition and to provide a reasoned explanation for its decision. The court also held that the Drug Enforcement Administration’s interpretation of the statutory phrase “currently accepted medical use” was unreasonable and that the Drug Enforcement Administration’s decision was arbitrary and capricious.
The court’s decision is significant because it could pave the way for the rescheduling of psilocybin, which is the active ingredient in “magic mushrooms,” from a schedule 1 drug to a schedule 2 drug. Schedule 2 drugs have a high potential for abuse but also have accepted medical uses. Dr. Sunil Aggarwal, co-founder of the aims institute, has filed several lawsuits against the Drug Enforcement Administration on behalf of the institute.
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