Do dying people have a ‘right to try’ magic mushrooms? 9th Circuit weighs case

Do dying patients have a “right to try” illegal drugs such as psilocybin and MDMA if they might alleviate end-of-life suffering from anxiety and depression? “And there are lots of studies that support that.” The DEA has denied Aggarwal’s request, arguing that therapeutic use of psilocybin remains banned — even for terminal patients — under the Controlled Substances Act of 1970, which lists the drug as a “Schedule I” narcotic with no recognized medical use. They said the DEA’s assertion that the Controlled Substances Act trumps state right-to-try laws represented a “threat to state sovereignty.” “If accepted, DEA’s interpretation would ratify federal involvement in some of the most wrenching decisions a person can make, based on the most ‘attenuated’ relationship to any conceivable federal interest,” Washington Deputy Solicitor Gen. Peter Gonick wrote on behalf of the coalition. Right now, all Aggarwal can do in such situations is offer his patients “harm reduction strategies,” he said, “but I don’t think that’s good enough.” In his brief to the 9th Circuit, Aggarwal notes that psilocybin “has shown enormous promise in early clinical trials in relieving debilitating anxiety and depression suffered by terminally ill patients,” has been given “breakthrough” status as a promising medical therapy by the FDA, and is in the final phase of clinical trials before approval. and one of Aggarwal’s attorneys, said she hopes the 9th Circuit will issue a strong opinion telling the DEA that it is “way out of its lane.” “The DEA has interposed itself to nullify the operation of duly enacted state and federal law, and the result is that dying patients suffering from anxiety and depression in the face of death continue to suffer when they could be getting relief,” Tucker said.