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Commentary: Do Dying People Have a ‘Right to Try’ Magic Mushrooms? 9th Circuit Weighs Case

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Do Dying People Have a ‘Right to Try’ Magic Mushrooms? 9th Circuit Weighs Case

The 9th Circuit will soon hear arguments as to whether terminally ill patients have a right to utilize psilocybin as a part of their palliative care. The case is one of two brought by Dr. Sunil Aggarwal currently pending in the 9th Circuit (the other case asks the DEA to reschedule psilocybin, which would make it available for therapeutic prescription outside of a research context).

In the pending litigation, Dr. Aggarwal appeals a U.S. Drug Enforcement Agency (DEA) decision “barring him from prescribing psilocybin to his late-stage cancer patients” to help mitigate the fear and dread that comes with such a diagnosis. Dr. Aggarwal, a palliative care physician and founder of the Advanced Integrative Medical Science Institute in Seattle, argues that he has a legal right to prescribe psilocybin to his patients based on state and federal “right to try” laws. Under these laws, terminal patients may have access to experimental drug therapies before the therapies are approved by the U.S. Food and Drug Administration (FDA). More than 40 states have such laws in place, and a federal version of the law passed in 2018.

Eight states and the District of Columbia have expressed their support of Dr. Aggarwal, with many concerned that the DEA’s enforcement of the federal Controlled Substances Act over state right-to-try laws is indicative of an ongoing “threat to state sovereignty.” This case comes at a crucial moment for psychedelics research as an increasing number of states push for state approval of psychedelic-assisted therapies. In Dr. Aggarwal’s 9th Circuit brief, Aggarwal urges the Court to allow for palliative-care psilocybin prescriptions, noting that psilocybin “has shown enormous promise in early clinical trials in relieving debilitating anxiety and depression suffered by terminally ill patients.”

“When you are being told that you have an incurable disease, that all we can do is extend your lifespan for a certain amount of time but there is no cure, the psycho-spiritual toll that places on somebody’s mind is very high,” says Aggarwal. “[Right now, all we can do is offer patients] harm reduction strategies, but I don’t think that’s good enough.”

“Inspiring to see these cases proceeding, in no small part due to the effort of our wonderful colleague Kathryn Tucker. This decision has the potential for tremendous progress in making psychedelic methodologies more accessible around the country,” says Emerge attorney Sean Clancy. “The impact here could be huge.”



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Psyence Group consolidates its shares

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Psyence Group Inc. (CSE: PSYG) told investors that it will be consolidating all of its issued and outstanding share capital on the basis of every 15 existing common shares into one new common share effective April 23, 2025 with a record date of April 23, 2025. As a result of the consolidation, the issued and outstanding shares will be reduced to approximately 9,387,695 on the effective date.

This is the second time a Psyence company has consolidated shares recently. In November, its Nasdaq-listed associate, Psyence Biomedical Ltd. (Nasdaq: PBM), implemented a 1-for-75 share consolidation as the psychedelics company worked to maintain its Nasdaq listing.

Psyence Group reported earnings in February when the company delivered a net loss of C$3 million and was reporting as a going concern. At the end of 2024, the company said it had not yet achieved profitable operations, has accumulated losses of C$48,982,320 since its inception.

Total assets at the end of 2024 were C$11,944,478 and comprised predominantly of: cash and cash equivalents of C$10,611,113, other receivables of C$159,808, investment in PsyLabs of C$1,071,981 and prepaids of C$68,243.

Still, the company is pushing ahead. Psyence told investors that it has historically secured financing through share issuances and convertible debentures, and it continues to explore funding opportunities to support its operations and strategic initiatives. “Based on these actions and
management’s expectations regarding future funding and operational developments, the company believes it will have sufficient resources to meet its obligations as they become due for at least the next twelve months,” it said in its last financial filing.

The company said it believes that the consolidation will position it with greater flexibility for the development of its business and the growth of the company.

 



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Psyence BioMed invests $500,000 more into PsyLabs, locks down Ibogaine supply deal

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The biotech firm expands its psychedelics pipeline with rights to a promising addiction treatment compound.

Psyence Biomedical (NASDAQ: PBM) invested an additional $500,000 in PsyLabs, deepening its relationship with the psychedelic ingredients producer while securing exclusive access to pharmaceutical-grade ibogaine.

The cash infusion builds on Psyence’s initial partnership from September 2024, when it acquired an 11.13% equity stake in PsyLabs and locked down exclusive rights to nature-derived psilocybin for clinical trials.

The new agreement gives Psyence first dibs on worldwide supply of pharmaceutical-grade ibogaine, a psychoactive substance from the Tabernanthe iboga plant being eyed for addiction treatment.

“We’re thrilled to strengthen our partnership with PsyLabs through both our financial investment and this opportunity to acquire exclusive ibogaine supply rights,” CEO Dr. Neil Maresky said in a statement. “Ibogaine holds significant potential as part of a new wave of therapeutics targeting some of the most challenging conditions in mental health.”

Psyence is betting big on nature-derived compounds rather than synthetic alternatives, aiming to build what it calls a “vertically integrated, multi-asset psychedelics biotech platform.” The company plans to evaluate ibogaine specifically for substance use disorders, including alcohol addiction.

Tony Budden, PsyLabs’ chief executive, said the expanded collaboration creates “a powerful platform to explore the full potential of ibogaine and psilocybin in addressing addiction and mental health disorders.”

PsyLabs operates from an ISO 22000-certified facility with federal licenses to handle various psychedelic compounds. The company has already shipped psilocybin products to Canada, the U.K., Portugal and Slovenia.

The deal remains subject to finalizing terms and regulatory approvals.

While touting ibogaine’s potential to “interrupt” addiction, Psyence included the usual disclaimers that regulatory authorities haven’t evaluated claims about psychedelic compounds and that “vigorous scientific research and clinical trials are needed.” The company acknowledges it hasn’t yet conducted clinical trials for its proposed treatments.



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MindBio Therapeutics nabs $170,000 private placement, $1.76M debt settlement

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MindBio Therapeutics Corp. (Frankfurt: WF6) (CSE: MBIO) on Friday announced a new financing package that includes a private placement and substantial debt settlements to help strengthen its cash position.

The company plans to raise up to $170,000 via a non-brokered private placement of 15.45 million common shares priced at $0.011 per share, according to a news release. At the same time, MindBio is working to settle $1.76 million in outstanding debt through the issuance of up to 160 million shares at the same price.

The Vancouver-based firm specializes in microdosing psychedelic medicines for mental health conditions. Its lead candidate, MB22001, is described as a “proprietary titratable form of Lysergic Acid Diethylamide (LSD) designed for take-home microdosing.”

According to the announcement, MindBio has completed Phase 1 clinical trials in 80 healthy participants and a Phase 2a trial in patients with major depressive disorder, with “positive top line data reported” for both. The company is currently conducting two Phase 2B trials – one in cancer patients experiencing existential distress and another in patients with MDD. It also received approval for multiple Phase 1/Phase 2B trials focused on women’s health.

The private placement is expected to close around April 18, pending approval from the Canadian Securities Exchange. MindBio may pay finder’s fees of up to 8% of the gross proceeds, which could be settled through cash or additional shares at the offering price.

The company noted that the debt settlement arrangements concern “certain unsecured loans and payables that are due and owing.” Insiders may participate in the debt settlement.

The company said it intends to rely on exemptions from formal valuation and minority shareholder approval requirements since “no securities of the Company are listed on specified markets and the fair market value of the debt being settled by interested parties does not exceed 25% of the Company’s market capitalization.”



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