DEA Challenges Bid To Use Psilocybin Under ‘Right To Try’ Legislation

The U.S. Drug Enforcement Administration has urged a federal appeals court to deny a doctor’s attempt to administer psilocybin to dying patients under so-called Right to Try legislation, arguing that such laws do not provide for exemptions to the federal Controlled Substances Act (CSA). 

Dr. Sunil Aggarwal, co-founder of the Advanced Integrative Medical Science Institute, a psychedelics research and treatment clinic based in Seattle, has sued the DEA several times for authorization to use psilocybin as a treatment for depression and anxiety by terminally ill patients. Aggarwal’s legal actions are based on federal and state Right to Try laws, which permit patients with terminal illnesses to use investigational drugs for therapeutic purposes before they are approved for general use by the Food and Drug Administration (FDA). 

Psilocybin, the compound primarily responsible for the psychedelic effects of magic mushrooms, has been shown through clinical research to have great potential as a treatment for serious mental health conditions including depression, anxiety, post-traumatic stress disorder and substance misuse disorders. The compound has been designated as a “breakthrough therapy” by the FDA but remains a Schedule I drug under the CSA, a classification reserved for drugs with no medical value.

The state of Washington approved a Right to Try bill in 2017, the same year former President Donald Trump signed the federal Right to Try Act into law. Aggarwal argues in his legal action that the legislation gives him the right to administer psilocybin to his patients with terminal illnesses.

The DEA, however, has rejected Aggarwal’s attempts to gain the authority to administer psilocybin to his patients. In its rationale for rejecting a 2022 petition seeking such authority, the DEA argued that treating terminally ill patients with psychedelics would be inconsistent with maintaining public health and safety. Aggarwal also claims the DEA wants him to register as a researcher to administer psilocybin, which is not a requirement of the federal Right to Try Act.

Aggarwal appealed the DEA decision to the U.S. Ninth Circuit Court of Appeal, arguing that it was arbitrary and inconsistent with public health interests and established legal precedent. In February, he argued that the DEA must explain how its decision is consistent with the CSA and its own policies, noting that the agency has issued waivers for the therapeutic use of other Schedule I drugs, including the use of medical cannabis by children.

In a filing to the court last week, the DEA said that the Right to Try Act amends the Federal Food, Drug, and Cosmetic Act but does not affect the CSA. The agency also said doctors who wish to administer controlled substances must abide by both statutes.

“The CSA and the FDCA (which the Right to Try Act amends) are separate regulatory schemes with separate requirements and restrictions,” the DEA wrote, as quoted by Green Market Report. “Nothing in the Right to Try Act changes that.”

The DEA also argued that the court should reject Aggarwal’s claims because he has not provided sufficient evidence to support them. The law enforcement agency also said it could not adequately evaluate his plan to administer psilocybin because he did not give enough information to justify the waiver he was requesting.

Shawn Hauser, a partner at the cannabis and psychedelics law firm Vicente LLP, slammed the DEA’s position, saying the agency “continues to overtly misinterpret the law using unlawful delay tactics to deny terminally ill patients access to life-saving medicines that federal law affords them access to.”

“Federal Right to Try laws were designed to allow eligible, terminally ill patients who qualify to use investigational new drugs that have undergone clinical trials (such as psilocybin), even if they are Schedule I substances,” Hauser wrote in an email to High Times. 

“The law includes a clear exception to the FDCA’s safety/efficacy requirements that allow the use of unapproved, investigational drugs, such as psilocybin, that have completed successful FDA trials, by terminally ill patients,” she added. “This seems to be another excuse and obstruction by the DEA to deny patients access to a life-saving treatment that studies clearly demonstrate can be used safely as medicine.”

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Study Reveals State Cannabis Legalization Lowers Immigrant Deportation

There’s yet another compelling reason to legalize weed. According to new research, states that have legalized cannabis also experience a “moderate relative decrease” in immigrant deportation rates compared to states where the drug is still illicit.

As a study featured in the American Journal of Community Psychology details, immigration raids and deportations create widespread fear and mistrust, which have cascading effects throughout entire communities. As the fear of being targeted grows, people are less likely to engage with local institutions such as churches, schools, health clinics, cultural events, and social services. 

And it also finds that kids who experience the sudden, forced deportation of a parent often suffer from a range of psychological issues including anxiety, anger, aggression, and withdrawal. They may also exhibit a heightened sense of fear, trouble eating and sleeping, PTSD, and depression. While these conditions can be treated with cannabis and therapy, the research on legalizing cannabis and deportation indicates that we could get in front of such troubles if we just legalize it, to begin with. 

Of course, it’s not just immigrants, although better immigration policy benefits everyone. The study, conducted by researchers from Columbia University, also notes a slight reduction in overall cannabis-related arrests.

The authors of the study stated that recreational cannabis laws (RCLs) could “help to mitigate some of the unintended immigration-related consequences of cannabis prohibition.” They observed that “Arrest trends in both legalization and non-legalization states were relatively similar and generally stable over the period.” They also found that the trends suggested that the overall prevalence of deportations went down between 2009 and 2020.

Here’s a bit more of what they had to say:

“Our results suggest that the RCLs were associated with a moderate relative decrease in deportation levels that was observed relatively consistently across multiple model specifications. Findings also suggested potential relative decreases in immigration arrest levels; however for almost all specifications, associated confidence intervals were wide and included the null. Together these findings support the overall possibility that RCLs may help to mitigate some of the unintended immigration-related consequences of cannabis prohibition.”

About ten percent of U.S. families with children have at least one family member who doesn’t have citizenship, and it’s estimated that nearly six million kids have at least one caregiver without authorization to live in the country, putting them at risk for the aforementioned trauma and related mental health conditions. 

The authors of the study didn’t draw definitive conclusions about the apparent link between state-level cannabis legalization and reduced deportations. However, it is noteworthy that all 11 sanctuary states for immigrants (California, Colorado, Connecticut, Illinois, Massachusetts, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, D.C.), which generally discourage reporting immigrants to federal authorities, have also legalized cannabis for adult use.

The research leads to the conclusion that legalization generally results in fewer arrests for cannabis-related offenses, suggesting that fewer immigrants are likely to be implicated in marijuana criminalization from the get-go.

The researchers identified two “countervailing pathways” that they described as “relevant to anticipating the potential immigration implications of RCL adoption,” which are as follows: 

“First, RCLs could lead to potential decreases in the overall number of cannabis-related arrests or convictions, and therefore cannabis-related immigration enforcement. A second possibility, however, is that state adoption of RCLs might lead more people who are non-citizens to reasonably but falsely assume that federal immigration status is unaffected by cannabis use permissible under state law—potentially leading to increases in immigration enforcement.”

So basically, simply legalizing marijuana for everyone will naturally lower the number of people who are deported for daring to enjoy weed. However, there is also a chance that if recreational cannabis laws are passed, people who aren’t legal citizens might feel an unfortunately safe, false sense of security. 

The study explains that even though some states have legalized cannabis, don’t forget that it’s still illegal under federal law. This means that any cannabis-related offenses, even seemingly minor ones, can have serious repercussions for non-U.S. citizens such as permanent residents, DACA recipients, and those granted asylum. According to federal policy, simply being charged with or admitting to possessing a small amount of cannabis can lead to problems with U.S. Immigration and Customs Enforcement (ICE), including affecting immigration status or even leading to arrest, detention, or deportation. This is also true for those who work in the cannabis industry, further narrowing the scope of available labor to immigrants. 

So while yes, legal weed on a state level could lead to people feeling too comfortable and forgetting that there’s still the federal government to fear, overall, recreational laws seem to make life easier for everyone, as this new research into its implication on immigration shows. 

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Sweden Authorities Seize 1.4 Tons of Cocaine, ‘One of the Biggest’ Seizures Ever

According to a Swedish customs official, authorities confiscated approximately 1.4 tons of cocaine last week in a port near Stockholm, as reported by Associated Press.

While the precise figure is still pending, Swedish customs official Stefan Granath told broadcaster SVT, “If it’s as big as we think, it is one of the biggest seizures ever made.” Authorities discovered the cocaine in a container in the Nynashamn port south of Stockholm on April 18, according to Granath.

Six men have also been arrested on suspicion of involvement in the drug’s transport.

The Latest of Many Record Drug Seizures in Europe

Granath noted the size of the seizure, saying that only five to 10 years ago it was “very unusual” to seize only 100 kilograms, or 220.5 pounds. 

To put it in perspective, 1.4 tons is equivalent to 2,800 pounds. That’s more than the volume of total cocaine seized by Sweden in 2022, and the country’s previous cocaine seizure peak — 822 kilograms or 1,812 pounds. The prior record was set in 2018, with 300 kilograms or 661 pounds of seized cocaine.

Granath also added that it’s likely that the cocaine was meant for the European market and that Sweden was only a point of transit.

It’s historic for Sweden, but it also acts as one of the more significant drug seizures for Europe as a whole. 

Earlier this year, Portuguese authorities discovered 1.3 tons of cocaine within shipments of frozen fish, similarly expected for distribution across Europe and unloaded at the Lisbon port. Authorities noted that the way the drug was hidden made it extremely difficult to detect and that the frozen fish had to be completely destroyed in order to remove the cocaine.

In 2023, Netherlands customs agents seized a whopping 17,600 pounds of cocaine hidden inside crates of bananas in what was the largest haul ever collected in Rotterdam’s port, the largest port in Europe that had processed more than 220 million tons through its terminals in the first six months of 2023.

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The Shifting Culture in Sweden

According to Swedish radio, the recent figure and seizure is indicative of more efficient search methods and an increase in the flow of drugs as a whole. 

Demand for cocaine appears to be growing rapidly across the European Union, with governments blaming the drug trade for increased violent outbreaks in major port cities like Antwerp in Brussels, Rotterdam in the Netherlands and Marseille in France. 

On top of some of the other recent busts, Antwerp customs reported that it had seized 116 tons of cocaine in its port throughout 2023, setting a record for the second year in a row according to an Associated Press report.

EU member countries stopped a total of 303 tons of cocaine in 2021, the most recent year for which figures are available. AP reports that 75% of that quantity was seized in Belgium, the Netherlands and Spain.

Outlets have suggested that the European drug boom is impacting neighboring countries like Sweden. EL PAÍS notes that the Swedish government opted to put the army on the streets last September to combat a wave of murders linked to gang rivalries.

Sweden now has the second-highest gun crime death rate in Europe, with poverty and inequality as driving factors as well as arms and drug trafficking. It’s a stark shift over the past several years, as Sweden’s once peaceful image has been drastically altered by an increased onslaught of gang violence.

“What started out as gun violence between young gangs looking to defend their territory has turned into a vicious circle of firearms trafficking and gun violence,” said Nils Duquet, a firearms researcher based at Brussels’ Flemish Peace Institute. “Gangs have also matured and are no longer just the street criminals, but are often connected to higher-level criminals as well.”

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Gov. Kathy Hochul Honors New York’s 100th Adult-Use Retail Store Opening

In an announcement last week, Governor Kathy Hochul announced that the state of New York reached a significant milestone: the grand opening of the state’s 100th Conditional Adult-Use Retail Dispensary (CAURD) brick-and-mortar store. 

Big Gas is located in the village of New Paltz, located near Poughkeepsie. The Office of Cannabis Management (OCM) and a handful of state leaders joined Big Gas owners, Kareem Haynesworth and Zymia Lewis for the grand opening of the store for public sales. “Big Gas is proud to be the first licensed cannabis dispensary in the City of New Paltz,” Big Gas Owners Zymia Lewis and Kareem Haynsworth said. “We are here with the support of the New York State Cannabis Investment Fund, who led us to this great location. This is beyond our wildest dreams.”

“We are pleased to be a host community in NYS’s Conditional Adult Use Retail Dispensary program,” said Village of New Paltz Mayor Tim Roger. “This initiative has allowed the state to 1) invest in a private fund to support individuals impacted by the inequitable enforcement of cannabis law and 2) protect public safety with NYS-sourced, regulated, and tested cannabis.”

Hochul applauded this historic milestone for New York’s cannabis industry.

“New York State continues to make progress on standing up a safe and legal cannabis industry for business owners, farmers and residents across the state,” Governor Hochul said. “Today marks a historic milestone in establishing a thriving and equitable industry in our state with the 100th brick-and-mortar store opening.”

New York officials licensed 110 adult-use cannabis retailers including storefronts and temporary delivery-only (TDO) locations across the state, with more anticipated to open soon. It’s a mix of CAURD licensees with storefronts, CAURD licensees providing delivery services, and adult-use dispensaries co-located with existing medical dispensaries. 

New York industry is taking off, reflected by the rapidly growing number of retailers and sales, with total sales exceeding $237 million, $77 million of which was generated in the first two and a half months of 2024. It’s all the signs of a thriving market. The rollout of New York’s cannabis program, however, was hammered by delays caused by lawsuits and the prevalence of illegal cannabis retailers. One such delay was a lawsuit led by Leafly that challenged New York’s ban on third party advertisers for cannabis businesses.

New York places emphasis on social equity measures to ensure that the state’s industry includes communities impacted the most by the criminalization of cannabis.

Despite setbacks, state leaders have been optimistic. Within its first year of operation, New York achieved and surpassed the Social and Economic Equity (SEE) goal laid out in the adult-use law with 60% of licenses given to social and economic equity applicants. Forty percent of social equity licenses are minority-owned businesses and 40% are women-owned businesses, respectively.

The governor’s announcement stated that this also almost doubled the percentage of majority minority-owned cannabis retailers nationwide. As of April 2024, 37% of New York’s adult-use retailers are majority minority-owned as only 19% are majority minority-owned nationwide. 

In addition, 11% of New York’s adult-use retailers were majority Black-owned, while nationally, that number is at just 2%. Approximately 50% of New York’s open dispensaries are minority- and/or women-owned businesses.

Office of Cannabis Management Executive Director Chris Alexander said, “We are incredibly proud of our licensees across New York State who have worked diligently to cross this threshold. Today’s celebration at Big Gas belongs not only to the team who opened their doors to business to eager customers today, but to every single licensee who is building this market from seed to sale. It echoes our commitment to catalyzing growth, fostering diversity, and championing equity within the cannabis sector. This milestone embodies our tireless endeavors to reshape the industry landscape and underscores our resolve to push the boundaries of progress. Supported by the New York Cannabis Social Equity Investment Fund, we take pride in our progress and pledge to persist in our pursuit of inclusivity and advancement of New York’s Cannabis Market.”

“We take great pride in being able to support individuals who have been affected by unjust enforcement of cannabis laws and help them thrive in this emerging industry,” said Social Equity Impact Ventures LLC General Principal of the Fund’s General Partner Lavetta Willis. “Access levels the playing field. We are thrilled for Zymia Lewis and Kareem Haynesworth and wish them great success. We express our heartfelt gratitude to Governor Hochul for leading the way and paving the path to a socially equitable sector that promotes inclusivity and equal opportunities for all.”

Hundreds more retail operations dot the state as licensed businesses compete with the black market.

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D.A.R.E. Officer of the Year Discusses Relative Using Medical Cannabis for Cancer

The Drug Abuse Resistance Education, aka D.A.R.E., has been teaching kids about substance abuse since 1983 with a mission of delivering science and evidence-based curricula. Recently, a D.A.R.E. documentary published by Channel 5 with Andrew Callaghan on April 12 spoke with numerous individuals regarding the D.A.R.E. program and discussed the failure of the War on Drugs. Callaghan attended D.A.R.E.’s annual conference, which was held in Las Vegas, Nevada last July. An estimated 500 attendees were present for D.A.R.E. officer training.

Part of the conference included presenting awards for 2023 D.A.R.E. Student of the Year and 2023 D.A.R.E. Officer of the Year Mark Gilmore, from Kosciusko, Mississippi. Gilmore commented on his ability as a D.A.R.E. officer to apprehend any students who possess any amount of drugs, which includes even the smallest amount of weed.

D.A.R.E.’s 2022 Officer of the Year, Alex Mendoza of the Irvine Police Department spoke with Callaghan about shifting D.A.R.E.’s approach to drug prevention deterring kids from using drugs. “For me, it’s really about educating the youth that are out there,” Mendoza said. “To give them the tools necessary to navigate whatever pain that they’re going through. I think that if you don’t have that self-love for yourself and that resiliency, then you’re gonna go to that external source, whatever that might be.”

Callaghan asked, “Do you feel the same way about alcohol?” to which Mendoza replied, “Absolutely. I mean, alcohol is a gateway drug.” Callaghan then asked Mendoza if he drinks alcohol, and Mendoza confirmed that he does so rarely, or “maybe once or twice within a month period of time.” He gave an example, stating that he recently had an alcoholic drink at his daughter’s wedding during a toast.

Callaghan addressed this issue in the documentary, citing the validity of calling alcohol a gateway drug. He asked Mendoza if he felt cannabis could be treated in the same way as alcohol. “You know, there’s so many things about marijuana that go far beyond, I guess, really our understanding, right?” said Mendoza. “From a lot of the statistics that are out there, obviously, they say that it can be more dangerous than tobacco products.”

However, he did note that there are many instances where cannabis is being used to help patients to deal with the symptoms of their condition. “I think the problem that you run into is that you have the people that truly legitimately have a need and a purpose behind it and will use it to help them navigate their pain,” said Mendoza. “My brother-in-law recently passed away of cancer, and he didn’t want to go with any type of prescription medication. He wanted something natural and he resulted to using THC to deal with his pain. And it helped him. He passed away, but it helped him navigate that, right? And then you have, unfortunately, people that will use that as an excuse to try to use that product for recreational purposes.”

D.A.R.E. President and CEO Francisco Pegueros, who formerly worked for the Los Angeles Police department, concluded the conference with a speech. In a one-on-one interview, Callaghan mentioned that people being critical of the War on Drugs, Pegueros said “Well, there was some evidence that certain governmental agencies were involved in a lot of activity that were kind of contrary to the whole concept of the war on drugs,” Pegueros said. Callaghan called the “CIA giving crack to Freeway Ricky Ross,” or how the federal government was supplying Ross with cocaine for illegal sales. “It’s an unfortunate part of our history. But evidently, it’s reality,” Pegueros said.

The documentary also interviewed one individual named Hailey, who was the only protester outside of last year’s D.A.R.E. conference last year. “We don’t try to outlaw sex. We don’t try to outlaw driving. We don’t try to outlaw guns,” Hailey stated. “We don’t try to outlaw all these things that come with risk but can be easily have these safety measures put in place, much like we do with pharmaceuticals.”

Callaghan briefly spoke with Bill Russel, also known as RETRO BILL, who has spoken to kids across the country for more than 25 years in partnership with D.A.R.E. to warn kids about how drugs, including cannabis, are harmful and dangerous.

The documentary stated that the D.A.R.E. program cost American taxpayers up to $750 million per year in the 1990s, up until a 1998 University of Michigan study showed that drug use continued to rise between 1992-1995, despite the nationwide prevalence of D.A.R.E.

It also reviewed the rise of the War on Drugs through actions from former presidents Richard Nixon and later, Ronald Reagan. Former President Bill Clinton signed the Violent Crime Control and Law Enforcement Act in 1994, and D.A.R.E. lost its federal funding in 1998.

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