psychedelics webinar recap

Psychedelics Webinar Recap

Last week, we presented a psychedelics webinar entitled “How to Protect Your Psychedelics Business.” The panelists were Paul Coble from our Phoenix office), me (Griffen Thorne from our Los Angeles office), and Graham Pechenik of Calyx Law in San Francisco. In the webinar, we presented on business law and intellectual property issues that will affect

ketamine telehealth

Ketamine Telehealth and the Looming Public Health Emergency Deadline

In early 2020, the United States Department of Health and Human Services (DHHS) declared a public health emergency (PHE) due to the COVID-19 pandemic. DHHS extended the PHE numerous times over the last few years, most recently on July 15, 2022 for a period of 90 days. The PHE will expire on October 13, 2022

psychedelics regulation

States are Missing Out on Psychedelics Regulation

In 2023, Oregon will have a regulated psilocybin market. Colorado voters will have a chance to vote on something similar this fall (although Initiative 58 would not take effect until 2024). Other than that, not a single other state has any form of psychedelic regulation in the works. Last week, an attempt to simply decriminalize

psychedelic drugs

Letter Shows Feds are Gearing Up for Psychedelic Drug Approvals

A recently published letter (“Letter”) indicates that the Biden administration is preparing for the approval of psychedelic drugs and MDMA to treat mental illness and PTSD. This type of federal agency correspondence would have been unimaginable five or six years ago. Things are changing fast! There are well-known potential health benefits of MDMA and psychedelics

DEA registration

Ketamine Clinics – When is DEA registration required?

We often receive questions from ketamine clinics regarding who must obtain a DEA registration to dispense controlled substances. There are two candidates to consider – the healthcare providers who work at the clinic and the clinic itself. Often, there is a misconception about whether a clinic needs to hold a DEA registration. We wrote about

ketamine telehealth dea

Ketamine Telehealth Providers: Beware DEA

Federal law requires prior in-person evaluations before a physician can provide telehealth services. The federal government declared a COVID-19 public health emergency, essentially suspending this rule. Following this suspension, ketamine telehealth providers and other virtual telehealth providers popped up all over the country. In all likelihood, the emergency declaration will end soon, leaving the industry

ketamine telehealth

Ketamine Telehealth: An Update

Ketamine telehealth just got a big lifeline. On April 12, 2022, the Department of Health and Human Services (HHS) renewed its determination that a public health emergency (PHE) exists due to COVID-19. Obviously, this has been a hugely controversial move even if the renewal is only good for 90 days. This 90 day extension is

rico racketeering psychedelics

RICO and Psychedelics

RICO (or the federal Racketeer Influenced and Corrupt Organizations Act) has been a thorn in the foot for cannabis companies since, well, the dawn of cannabis companies. RICO will be just as annoying for psychedelics companies. Today I will explain what RICO is and why RICO and psychedelics will have a rocky relationship. What is

DEA Denies Religious Exemption

How DEA Denies Religious Exemption Petitions

In this article: How DEA Denied Soul Quest’s Religious Exemption Petition Sincere Religious Beliefs for Religious Exemption Petitions What is a Compelling Interest for Purposes of a Religious Exemption? Compelling Interest 1: Protecting Public Health and Safety Compelling Interest 2: Preventing Diversion of Controlled Substances We’ve discussed at length the DEA’s process for seeking religious

right to try psilocybin dea

Ninth Circuit Punts on “Right to Try” Psilocybin Litigation

As the Oregon Health Authority moves forward with creating a program for the legal consumption of psilocybin following the enactment of Measure 109, other efforts to normalize the medical use of psilocybin continue. This week the Ninth Circuit ruled on a case concerning whether a physician may administer psilocybin without incurring liability under the Controlled