On February 13, 2025, the Ninth Circuit Court of Appeals affirmed the U.S. Drug Enforcement Administration’s (DEA) decision to deny Dr. Sunil Aggarwal’s petition to access psilocybin for therapeutic use under the federal “Right to Try” law.
Dried psilocybin mushrooms.
The three-judge panel concluded that the DEA did not exceed its authority in rejecting the petition.
Dr. Aggarwal, a Seattle-based palliative care physician, sought permission to use psilocybin for patients with terminal illnesses, citing its potential to alleviate end-of-life distress. He argued that the federal “Right to Try” law, which allows patients with life-threatening conditions to access investigational treatments not yet approved by the Food and Drug Administration (FDA), should permit the use of psilocybin in this context.
The DEA, however, maintained that psilocybin remains classified as a Schedule I controlled substance under the Controlled Substances Act, indicating a high potential for abuse and no accepted medical use. Consequently, the agency denied Dr. Aggarwal’s petition, asserting that the “Right to Try” law does not supersede existing drug control regulations.
In its ruling, the Ninth Circuit supported the DEA’s position, stating that the agency acted within its regulatory framework and did not abuse its discretion in denying the petition.
The case highlights the tension between evolving perspectives on psychedelic therapies and existing federal drug policies. As research into the potential benefits of substances like psilocybin continues, legal battles such as Dr. Aggarwal’s are likely to persist, reflecting broader debates about drug classification, medical autonomy, and patient rights.
