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New report makes recommendations to the DEA on religious exemptions for psychedelics

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The U.S. Government Accountability Office (GAO) told the Drug Enforcement Administration (DEA) that it needs to do a better job with religious exemption requests it gets for controlled substances like psychedelics. The 70-page report was published last week and made four recommendations to the DEA – mostly revolving around timelines for the requests. However, the report was also notable for all the data it provided about the DEA and these requests.

Psilocybin

The report focused on psilocybin, which is the most requested drug to be used as a sacrament for some religions. The GAO reviewed enforcement data from the DEA during fiscal years 2018 through 2023. The report pointed out that psilocybin cases represented the smallest amount of attention from the DEA with regard to investigations and seizures during this period and these cases were only 1% of all the DEA cases investigated and closed.

During this six-year study time frame, U.S. Customs and Border Protection (CBP) reported the seizure of 49 different drug types—representing a total of 371,088 drug seizures. Psilocybin accounted for 8,349 drug seizures—representing about 2% of the total seizures reported by CBP.  LSD accounted for 13,489 drug seizures—representing 4% of the total seizures reported by CBP during the same period. Most of the drug seizures during this study period by the CPB were for cannabis.

During fiscal years 2018 through September 18, 2023, CBP’s seizure data show that the number and weight of its drug seizures involving psilocybin generally increased—accounting for about a 400% increase in the number of psilocybin seizures and over a 1,000% increase in the weight (in pounds) of the seizures. Over these six years, CBP’s Chicago Field Office location accounted for about 37% (3,081), which is the CBP field office with the largest number of seizures related to psilocybin.

Long Timeline

The report stated, “Over an 8-year period—from fiscal year 2016 through January 2024—DEA reported that 24 petitioners requested a religious exemption for various controlled substances. As of January 2024, DEA reported that none of these petitions had been granted an exemption and of the 6 for psilocybin, three were withdrawn and three were pending a DEA determination. The three pending religious exemption petitions related to psilocybin ranged from about 8 months to over 3 years from the date of receipt. DEA’s information also showed instances where finalized actions regarding exemption petitions related to other controlled substances have been pending a determination for an extensive period—one almost 5 years and one almost 8 years.”

The report identified the state and local initiatives to decriminalize and deprioritize the adult use of psilocybin. The GOA also reviewed various studies underway for using psilocybin as a treatment for mental illness.

The report pointed out the conflict between the Controlled Substances Act and the Religious Freedom Restoration Act causing the DEA  to create a guidance document in 2009 that would establish a procedure for seeking religious exemptions from the Controlled Substances Act from DEA. The document was updated in 2020. The DEA approaches each religious exemption request with a case-by-case analysis that includes interviews and on-site visits.

The DEA said that the processing time varies by case for a variety of reasons. This can be insufficient information to determine whether the religious beliefs are sincerely held, unsafe practices, previous criminal convictions, and the ability to control the diversion of the drug.

Stakeholders

The GOA report said that the stakeholders it interviewed found the process to be difficult to navigate and guidance wasn’t clear. They also complained about the DEA’s communication. One of the petitioners mentioned in the GOA report was the Soul Quest Church, which Green Market Report recently wrote that a member died during a psychedelic retreat. In that situation, the courts found the church and its founder liable for the death of a young man for not providing medical care and for administering the drugs in an unsafe manner.

The stakeholders also told the GOA that it believed the DEA had no interest in granting any waivers.

Conclusions

The report made four recommendations to the DEA as follows:

  1. The DEA Administrator should more clearly communicate the types of information that the Religious Freedom Restoration Act petitioners should provide to allow the DEA to evaluate petitions for religious sincerity.
  2. The DEA Administrator should more clearly communicate the standards and relevant factors to the Religious Freedom Restoration Act petitioners in deciding religious sincerity.
  3. The DEA Administrator should establish timeframes for the DEA to make determinations on completed religious exemption petitions to provide the Religious Freedom Restoration Act petitioners with the DEA’s final determinations.
  4. The DEA Administrator should provide the Religious Freedom Restoration Act petitioners with information for petitioners to be able to receive updates on the agency’s progress related to exemption reviews.

1843000-1843205-gao-24-106630



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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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