Right to Try Clarification Act of 2022

We have some big news to share: Senator Cory Booker (D-NJ), Senator Rand Paul (R-KY), Representatives Earl Blumenauer (D-OR), and Nancy Mace (R-SC) are introducing new legislation to amend the Right to Try Act of 2018! Click here to read Senator Booker’s press release.

The aim of this bipartisan legislation is to clarify that the original Right to Try act applies to Schedule I drugs. If this passes, those with life-threatening conditions in at least 41 states where Right To Try laws have already been passed will be able to access psilocybin. THIS IS HUGE!

What can you do?


(202) 224-3121

The operator will ask for your zip code in order to connect you with your representative. Here’s a sample script:

Hello, my name is __________ from ________ (city, state). I am calling about the Right to Try Clarification Act. I believe those with life-threatening conditions should have the right to try eligible investigational drugs, including those on Schedule I, such as psilocybin. Please tell the Congressperson that they should support this important legislation. Thank you for your time.

It should only take about 5 minutes of your time and will go a long way in helping this important piece of legislation pass!  Be sure to reach out to both of your senators and your representative. Please forward this email to folks who you think will be wiling to help!

May 9 Call To Action

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Join us for a

National Mobilization and Call for Civil Disobedience on Behalf of Terminally Ill and Others Facing Life-Threatening Conditions

May 9th @ Noon

700 Army Navy Dr., Arlington, VA 22202


Psilocybin therapy has shown incredible promise alleviating the debilitating existential distress many with life-threatening conditions face in their last days, sabotaging their quality of life and time with family and friends. FDA has granted “breakthrough status” to psilocybin therapy for depression, in light of safety and promising signs of efficacy in stage 2 FDA trials, especially for end of life patents. Congress passed the national Right to Try Act in 2018 to allow Americans with life-threatening conditions to access promising medicines that have passed phase I trials, without having to wait for completion of the new drug approval process.. However DEA is blocking access to psilocybin therapy, even as Canada is now allowing north of the border.  Kathryn Tucker, lead litigator in the Right to Try litigation seeking to overcome DEA obstruction and provide access for dying patients sums it up:

“To absolutely prohibit access, when state and federal law are intended to allow access, that is impermissible. …These dying patients could have immediate, substantial, and sustained relief from debilitating anxiety and depression. That’s what all the studies show.. Why anyone would obstruct access to that kind of relief for a dying patient is impossible to comprehend.”

At noon on May 9th, 2022, patients, veterans, and other advocates will gather with family and friends in front of DEA headquarters, to protest and engage in civil disobedience, blocking DEA entrances to demand the agency stop its obstruction of duly enacted state and federal laws, and open access to this healing therapy for end-of-life suffering.

Please donate to cover travel costs of end of life advocates as well as family and friends of the those with life-threatening conditions who want to protest!

Short Timeline Revealing DEA’s Delay and Obstruction

January 2021: Physician and Patients request for access to psilocybin presented to DEA
February 2021: DEA denies any access for therapeutic use
March 2021: Federal court challenge to DEA position filed on behalf of physician and patients. Case is knowns as AIMS et al v DEA, filed in the Ninth Circuit Court of Appeals.
April-August 2021: Legal briefs filed with court, including a multitude of Friend of the Court briefs by those supporting Petitioners:
• Eight States and DC
• Cato and Goldwater Institutes
• The ACLU
• End of Life Advocates, leading researchers, leading palliative care experts
September 2021: Oral argument heard by the Ninth Circuit
January 18, 2022: a bipartisan delegation of Members of Congress submit letter to DEA urging access and compliance with RTT laws
January 31, 2022: Ninth Circuit issues opinion finding DEA action not “final” for purposes to enable judicial review.
February 2, 2022: Petitioners submit a Petition to Reschedule Psilocybin from Schedule I to Schedule II
February 10, 2022: Petitioners submit a Request for Waiver to enable access to psilocybin pursuant to state and federal RTT laws, seeking an agency action sufficiently “final” to enable judicial review. DEA has yet to even formally acknowledge receipt, and clearly intends to do everything in their power to continue to deny and delay.
March 31, 2022: Petitioners submit a Freedom of Information Act request to DEA, demanding information on it handling of the Request for Waiver and Petition to Reschedule.
April 13, 2022: Letter mailed to DEA asking why it takes so long to accept a petition for rescheduling
May 9, 2022: Activists gather outside the DEA HQ to STOP THE DEA DELAY!