A Drug Enforcement Administration judge has formally sided with the agency in its attempt to ban two psychedelic compounds that researchers say hold significant therapeutic potential, recommending that they be placed in Schedule I of the Controlled Substances Act (CSA).
In a ruling on Friday, DEA Administrative Law Judge (ALJ) Paul Soeffing said he advised the agency to move forward with its plan to place the psychedelics—2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC)—in Schedule I.
This follows administrative hearings where researchers and advocates, including Panacea Plant Sciences (PPS) and Students for Sensible Drug Policy (SSDP), have fought against DEA to ensure that the psychedelics can continue to be utilized in research.
But in the 118-page ruling, Soeffing ultimately said that “the record contains substantial evidence regarding the eight factors required for consideration under 21 U.S.C. § 811(c) to support recommending the scheduling of DOI and DOC,” referring to an administrative standard for determining the health risks and benefits of substances before when placing them in the CSA.
“Furthermore, I find that the record contains substantial evidence regarding the three factors required for consideration under 21 U.S.C. § 812(b)(1) to support recommending the placement of DOI and DOC in Schedule I,” he said, adding that the fact that the United Nations put DOC specifically on its own controlled substances list justifies its prohibition.
The bulk of the recommendation, which must be approved by the DEA administrator before potentially being codified, recounts the competing arguments between DEA and organizations opposing the scheduling action. But this ruling could reignite an ongoing legal challenge that PPS levied against the agency, challenging the fundamental constitutionality of the ALJ proceedings in drug scheduling rulemaking.
“It’s not a surprise that a DEA employee would side with the DEA,” PPS CEO David Heldreth told Marijuana Moment on Friday. “We find that the supposed impartiality of the judge is highly questionable due to that, and we plan to appeal this ruling and continue our lawsuit against the DEA.”
SSDP was among stakeholders who requested the psychedelics hearing in the first place, in hopes of challenging what they view as a lack of evidence justifying DEA’s proposed ban. Researchers have pointed out that DOI and DOC, as currently unscheduled substances, have been key components in psychedelics research that show potential in the treatment of anxiety and depression, for example.
Researchers have also argued that DEA has failed to meet the statutory burden of demonstrating that either psychedelic compound has high abuse potential. There are no documented cases in medical literature of “distressing responses or death” related to human consumption of DOI, nor has there been any established evidence of a high risk of dependence, SSDP said in a pre-hearing filing in July.
Hellbound and Down 