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DEA Advice Letter on Right to Try Hallucinogen Not Reviewable

Feb. 1, 2022, 4:10 PM

A health-care provider in Washington state lost a challenge to a DEA letter concerning its use of a hallucinogenic substance to treat a terminally ill patient because the letter wasn’t a final agency action, the Ninth Circuit said.

The U.S. Court of Appeals for the Ninth Circuit didn’t have jurisdiction to review the Drug Enforcement Administration’s letter advising Advanced Integrative Medical Science Institute PLLC that the Right to Try Act doesn’t create an exemption to the Controlled Substances Act, the court said.

AIMS provides integrative medical care for patients with chronic and serious illnesses. Integrative medicine combines conventional and nontraditional ...