Psilocybin and the “Right to Try Act”

Psilocybin and the “Right to Try Act”

On Wednesday, May 29th, 2018, President Donald Trump signed the “Right to Try Act,” a measure aimed at helping terminally ill patients access to drug treatments that are yet to be fully approved by the Food and Drug Administration (FDA). How does the newly passed “Right to Try Act” affect psilocybin?

Psilocybin is an “Eligible Investigation Drug” under the Right to Try Act

Notably, the new law allows those with life-threatening diseases to use an “eligible investigation drug” that has not received full approval from the FDA. The term ‘eligible investigational drug’ as defined by the new law means a drug:

“. . .(A) for which a Phase 1 clinical trial has been completed . . . [or several other criteria have been met].”

Phase 1 clinical trials have been conducted for psilocybin

Phase 1 clinical trials have been conducted for each of psilocybin, cannabis, and MDMA. (MDMA has also gone through Phase 2 trials.)  These substances appear to be eligible investigation drugs under the new law. Accordingly, terminally ill patients would be able to access those drugs.

What does this mean?

Obviously the new law does not bring psychedelic drugs into mainstream culture. Rather, the new law only provides access to a small group of terminally ill patients. Either way, the passage of this law represents a significant departure from the Fed’s position that psilocybin, cannabis, and MDMA are “substances, or chemicals … with no currently accepted medical use and a high potential for abuse.”  See DEA Drug Scheduling.  For many, this is perceived as the first step in correcting mistakes made in scheduling several promising drug treatments.

What do you think?

Please feel free to provide your feedback below — especially if you have some perspective on how this law may be interpreted in the future.  For example, are “magic mushrooms” eligible under the new law — or only psilocybin (there’s a difference).