DEA Sued Again for Denying Terminally Ill Patients
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Posted On: 07/28/2022 5:41:55 PM
DEA Sued Again for Denying Terminally Ill Patients Access to Psilocybin Therapy
The United States Drug Enforcement Administration (DEA) has been sued again for refusing to permit a doctor to treat patients with terminal illnesses using psilocybin therapy in accordance with state and federal Right To Try laws.
Numerous trials have found that psilocybin, as well as MDMA, possess the potential to treat a range of mental health conditions, with the United States Food and Drug Administration (FDA) designating them as breakthrough therapies. Right To Try laws are aimed at increasing access to Schedule I investigational therapies that haven’t received approval for general use.
The DEA is also facing political pressure from bipartisan legislators filing measures in the Senate and House to reassert that the Right To Try laws should include psychedelic drugs.
This new lawsuit is a follow up to an earlier litigation that was heard before the Ninth Circuit Court of Appeals in February. The federal court rejected the case on procedural grounds, noting that the case didn’t reach the challenge’s merits because the DEA had not made it clear whether its denial added up to a final rule that could be appealed. However, the drug agency declined to respond to any requests to clarify the matter from the plaintiffs, which pushed those same plaintiffs to file another lawsuit.
The plaintiffs hope that judges will now focus on the merits of the challenge, which generally declare that the DEA is unlawfully misapplying and misinterpreting the Right To Try statute, which should permit patients with terminal illnesses to access investigational drugs classified under Schedule I, such as psilocybin.
The complaint submitted states that the DEA was neglecting its duty to implement the federal Right To Try policy and violating the state Right To Try law by using the Controlled Substances Act as a means to impede state medical practice, to the detriment of afflicted patients. The case further notes that the DEA’s claims that it has no authority to craft policies to address the Right To Try are false, explaining that just because the agency chose to refrain from doing something doesn’t mean it had no authority to do so, which means that it is violating federalism principles as well as federal law.
The plaintiff’s representative, Emerge Law Group’s Kathryn Tucker, stated that her terminally ill clients were burdened with debilitating depression and anxiety, which could be relieved if they had access to psilocybin. The plaintiffs hope that the court will agree that the present statute mandates the Drug Enforcement Administration to offer psilocybin access to eligible patients.
As the wall of psychedelic prohibition is chipped away one bit at a time, industry companies such as Delic Holdings Corp. (CSE: DELC) (OTCQB: DELCF) could one day operate within a regulatory landscape that is more enabling than it is currently.
NOTE TO INVESTORS: The latest news and updates relating to Delic Holdings Corp. (CSE: DELC) (OTCQB: DELCF) are available in the company’s newsroom at https://ibn.fm/DELCF
Please see full terms of use and disclaimers on the PsychedelicNewsWire website applicable to all content provided by PNW, wherever published or re-published: https://www.PsychedelicNewsWire.com/Disclaimer
The United States Drug Enforcement Administration (DEA) has been sued again for refusing to permit a doctor to treat patients with terminal illnesses using psilocybin therapy in accordance with state and federal Right To Try laws.
Numerous trials have found that psilocybin, as well as MDMA, possess the potential to treat a range of mental health conditions, with the United States Food and Drug Administration (FDA) designating them as breakthrough therapies. Right To Try laws are aimed at increasing access to Schedule I investigational therapies that haven’t received approval for general use.
The DEA is also facing political pressure from bipartisan legislators filing measures in the Senate and House to reassert that the Right To Try laws should include psychedelic drugs.
This new lawsuit is a follow up to an earlier litigation that was heard before the Ninth Circuit Court of Appeals in February. The federal court rejected the case on procedural grounds, noting that the case didn’t reach the challenge’s merits because the DEA had not made it clear whether its denial added up to a final rule that could be appealed. However, the drug agency declined to respond to any requests to clarify the matter from the plaintiffs, which pushed those same plaintiffs to file another lawsuit.
The plaintiffs hope that judges will now focus on the merits of the challenge, which generally declare that the DEA is unlawfully misapplying and misinterpreting the Right To Try statute, which should permit patients with terminal illnesses to access investigational drugs classified under Schedule I, such as psilocybin.
The complaint submitted states that the DEA was neglecting its duty to implement the federal Right To Try policy and violating the state Right To Try law by using the Controlled Substances Act as a means to impede state medical practice, to the detriment of afflicted patients. The case further notes that the DEA’s claims that it has no authority to craft policies to address the Right To Try are false, explaining that just because the agency chose to refrain from doing something doesn’t mean it had no authority to do so, which means that it is violating federalism principles as well as federal law.
The plaintiff’s representative, Emerge Law Group’s Kathryn Tucker, stated that her terminally ill clients were burdened with debilitating depression and anxiety, which could be relieved if they had access to psilocybin. The plaintiffs hope that the court will agree that the present statute mandates the Drug Enforcement Administration to offer psilocybin access to eligible patients.
As the wall of psychedelic prohibition is chipped away one bit at a time, industry companies such as Delic Holdings Corp. (CSE: DELC) (OTCQB: DELCF) could one day operate within a regulatory landscape that is more enabling than it is currently.
NOTE TO INVESTORS: The latest news and updates relating to Delic Holdings Corp. (CSE: DELC) (OTCQB: DELCF) are available in the company’s newsroom at https://ibn.fm/DELCF
Please see full terms of use and disclaimers on the PsychedelicNewsWire website applicable to all content provided by PNW, wherever published or re-published: https://www.PsychedelicNewsWire.com/Disclaimer
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