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DEA rejects speakers for November hearings on two psychedelic compounds

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The Drug Enforcement Administration has rejected witnesses and testimony from the group fighting to keep two psychedelic compounds out of Schedule I. The agency has a meeting scheduled in November to consider banning the two drugs.

Green Market Report wrote in August that the DEA proposed to put 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) in Schedule I of the Controlled Substances Act, with the hearing scheduled to take place Nov. 12-22. The final meeting is to be held on Nov. 25.

The DEA has been trying to put the two compounds into Schedule I since April 2022, but Students for Sensible Drug Policy (SSDP) has been fighting the ban along with Panacea Plant Sciences. They filed a lawsuit, but it was dismissed, essentially clearing the way for DEA to proceed with banning DOI and DOC. However, the hearings remained scheduled.

Rejected witnesses and exhibits

On Sept. 26, the DEA filed a Motion in Limine which said,

The government moves to exclude various witnesses, witness testimony, and exhibits proposed by Panacea Plant Sciences (Panacea), the Science Policy Counsel, Students for Sensible Drug Policy and Dr. Raul A. Ramos (SSDP/Ramos) on the grounds that much of the proposed testimony and exhibits are incompetent, irrelevant, immaterial, and/or unduly repetitious.

The motion went on to say that while the group also proposed to offer 88 exhibits (SSDP/Ramos exhibits), none of them were properly paginated or marked for identification as laid out in the pre-hearing ruling.

The DEA also pointed out that the witnesses weren’t specific regarding their planned testimony. It cited that the summaries of the testimony provided only “areas to be covered” and withheld the relevant facts that the government would need to ascertain whether the testimony related to the factors regarding the banning.

The government agency also accused some of the witnesses of having unsupported conclusory statements versus factual statements. Some witnesses were called out for having speculative testimony or testimony not related to the factors regarding the potential ban.

The DEA said that Panacea’s witness, CEO David Heldreth, would have his testimony excluded in its entirety, because “Mr. Heldreth is not offered as an expert and presents no expertise that would assist the Tribunal. The Tribunal has no basis to conclude that Mr. Heldreth is qualified to testify regarding the pharmacological effects or DOI or DOI. Nor is there any basis to conclude that Mr. Heldreth is an expert on the state of current scientific knowledge of either DOC or DOI, the risk of abuse, or any other issue raised by the factors discussed above.”

The motion also called Hedreth’s potential statements on abuse or diversion “strictly speculative.”

Push back

Not surprisingly, the SSDP filed a motion in the DEA administrative Court pushing back on the DEA’s rejection of witnesses.

“What is the DEA so scared of that these leading scientists must be muzzled?” said Robert Rush, a Denver-based attorney who is working hand-in-hand with SSDP to keep research using DOI and DOC legal. “By trying to silence the world’s leading experts in neuroscience and pharmacology, the DEA is attempting to prevent the tribunal – and the public – from understanding the true potential of these substances.”

The group argued in its filing that the reasons for rejection – proper pagination and marks for exhibit purposes – were incorrect and the final submission folder contained the correct files. The filing did concede earlier disclosed documents did not have full pagination or exhibit identification but complained that the DOJ’s document submission system does not allow petitioners access to modify previous submissions to make changes.

The group also pushed back on the rejection of the witnesses outlining the bona fides of each.

“We have assembled a world-class international group of behavioral and molecular pharmacologists, chemists, neuroscientists, and a former Government Advisor on psychoactive drugs,” said Elijah Ullman, a Ph.D. candidate in molecular and systems pharmacology at Emory University and chair of SSDP’s Science Policy Committee.

“If the DEA believes that both DOI and DOC should be placed in Schedule I, they should have no issue allowing our witnesses to testify in full – after all, don’t they allege they have sufficient data to prove DOI and DOC are addictive and a harm to the public?” Ullman said.

“If the DEA believed their own rhetoric and description of the data, they would allow our proposed witnesses to testify in full. Otherwise, it appears to me that they are worried their dataset is lacking the scientific rigor to support their claims.”

2024.09.26 GOV DOI DOC.Mot.Inlimine KK



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Nebraska medical cannabis regulations stall in legislative committee

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A Nebraska legislative committee voted 5-3 against advancing a bill designed to implement and regulate the state’s medical cannabis program, leaving legislators and advocates searching for alternative paths forward, according to the Nebraska Examiner.

The General Affairs Committee rejected Legislative Bill 677, sponsored by State Sen. Ben Hansen of Blair, during a Thursday vote where committee members declined to offer amendments to the legislation, the publication reported.

“I don’t want to shut all the doors right now, but some doors are closing, and they’re closing fast, and so we have to act,” Hansen told reporters after the vote, according to the Examiner.

Nebraska voters approved medical cannabis in November 2024, with residents legally permitted to possess up to 5 ounces with a healthcare practitioner’s recommendation since mid-December. However, the regulatory commission created by the ballot initiative lacks effective power and funding to regulate the industry.

Hansen described his legislation as “a must” for 2025 to prevent a “Wild West” scenario in the state’s cannabis market. The bill would have expanded regulatory structure through the Nebraska Medical Cannabis Commission and extended deadlines for regulations and licensing to allow more time for implementation, the Examiner noted.

Committee disagreements centered on proposed restrictions. A committee amendment would have prohibited smoking cannabis and the sale of flower or bud products while limiting qualified healthcare practitioners to physicians, osteopathic physicians, physician assistants or nurse practitioners who had treated patients for at least six months.

The amendment also would have limited qualifying conditions to 15 specific ailments including cancer, epilepsy, HIV/AIDS, and chronic pain lasting longer than six months.

State Sen. Bob Andersen of Sarpy County opposed allowing vaping due to concerns about youth drug use, while committee chair Rick Holdcroft suggested selling cannabis flower would be “a gateway toward recreational marijuana,” a claim Hansen “heavily disputed,” according to the Examiner.

Hansen now faces a difficult path forward, requiring at least 25 votes to pull the bill from committee and then needing 33 senators to advance it across three rounds of debate, regardless of filibuster attempts.

Crista Eggers, executive director of Nebraskans for Medical Marijuana, remained optimistic despite the setback.

“This will not be the end,” Eggers said, according to the outlet. “Giving up has never been an option. Being silenced has never been an option. It’s not over. It’s not done.”

The legislative impasse is further complicated by ongoing litigation. Former state senator John Kuehn has filed two lawsuits challenging the voter-approved provisions, with one appeal pending before the Nebraska Supreme Court. The state’s Attorney General is also trying to do something about the hemp question, akin to other states across the country.



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One of Las Vegas’ cannabis lounges closes its doors

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Nevada’s cannabis lounge experiment faces some expected growing pains, with one of just two state-licensed venues closing its doors after barely a year in business, according to the Las Vegas Weekly.

“The regulatory framework, compliance costs and product limitations just don’t support a sustainable business model,” said Thrive Cannabis managing partner Mitch Britten, who plans to convert the space into an event venue until regulations loosen up.

The closure leaves Planet 13’s Dazed Consumption Lounge as the only operational state-regulated cannabis lounge in Nevada. Dazed manager Blake Anderson estimates the venue attracts around 250 customers daily, primarily tourists. One other establishment, Sky High Lounge, has operated since 2019 on sovereign Las Vegas Paiute Tribe land exempt from state regulations.

Even with Nevada regulators conditionally approving 21 more lounge licenses, potential owners are struggling to meet the $200,000 liquid assets requirement – particularly social equity applicants from communities hit hardest by prohibition.

Recreational marijuana has been legal statewide since 2017, but public consumption remains prohibited. That’s created an obvious disconnect for the millions of tourists who visit Las Vegas annually but have nowhere legal to use the products they purchase. The state recorded roughly $829 million in taxable sales during the 2024 fiscal year.

“It always comes down to money, and it’s difficult to get a space if you can’t afford to buy a building. On top of that, getting insurance and finding a landowner who’s willing to lease to a cannabis business is a challenge in and of itself,” said Christopher LaPorte, whose consulting firm Reset Las Vegas helped launch Smoke and Mirrors, told Las Vegas Weekly.

Many think the key to future success lies in legislative changes that would allow lounges to integrate with food service and entertainment – playing to Las Vegas’s strengths as a hospitality innovator. In the meantime, the industry will continue to adapt and push forward.

“Things take time,” LaPorte said. “There’s a culture that we have to continue to embrace and a lot of education that we still have to do. But at the end of the day, tourists need a place to smoke, and that’s what these places are.”



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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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