AIMS v. US DEA

We’re in Reuters:
https://www.reuters.com/legal/litigation/week-ahead-health-aug-30-2021-2021-08-27/

Thursday, Sept. 2

1 p.m. – The 9th U.S. Circuit Court of Appeals will hear a challenge to the Drug Enforcement Administration’s determination in February that it lacked authority to waive any provision of the Controlled Substances Act to allow medical use of psilocybin, the active chemical in magic mushrooms. The challenge was brought by a Seattle doctor, Sunil Aggarwal, and his clinic and research institute, the Advanced Integrative Medical Science Institute, seeking to give psilocybin to terminally ill patients to treat depression and anxiety under Washington’s “right to try” law, which aims to give certain patients access to experimental therapies.

The case is AIMS v. USDEA, 9th U.S. Circuit Court of Appeals, No. 21-70544. For plaintiffs: Matthew Zorn of Yetter Coleman. For the government: Thomas Pulham of the U.S. Department of Justice.
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Oral arguments in this case will occur this Thursday (9/2). View here. It is on the 1 pm schedule.
https://www.ca9.uscourts.gov/ (click on livestream)

Calendar Call at 1 pm. But it may not be the first case heard. Here’s the case data:

21-70544 AIMS v. USDEA – Petition for review of the U.S. Drug Enforcement Administration (DEA)’s final agency action, issued February 12. 2021, determining that the DEA had no authority to waive any of the Controlled Substances Act’s requirements, pursuant to the Right to Try, for medical use of psilocybin.
https://www.ca9.uscourts.gov/calendar/monthly_sittings/94554.html
It will also be archived and available to view for playback the following day.

Wish our team of lawyers luck and good fortune. This is a closely watched case.

Thanks,
Sunil Aggarwal, MD, PhD, FAAPMR
Co-Director, AIMS Institute

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