The Law Isn't Ready For Psychedelic Medicine
Arthur T Knackerbracket has found the following story:
In March, the Food and Drug Administration approved esketamine, a drug that produces psychedelic effects, to treat depression-the first psychedelic ever to clear that bar. Meanwhile the FDA has granted "breakthrough therapy" status-a designation that enables fast-tracked research-to study MDMA (also called "ecstasy") as a treatment for post-traumatic stress disorder and psilocybin as a treatment for major depression.
While these and other psychedelic drugs show promise as treatments for specific illnesses, FDA approval means doctors could also prescribe them for other, "off-label" purposes-including enhancing the quality of life of people who do not suffer from any disorder. Hence if MDMA gains approval as a treatment for PTSD, psychiatrists could prescribe the drug for very different purposes. Indeed, before the federal government banned MDMA, therapists reported striking success in using MDMA to improve the quality of intimate relationships. Recent research bolsters these claims, finding that the drug enhances emotional empathy, increases feelings of closeness, and promotes thoughtfulness and contemplativeness."
Similarly, while psilocybin has shown potential as a treatment for depression and anxiety, physicians could also prescribe the drug to promote the well-being of healthy individuals. When researchers at Johns Hopkins gave psilocybin to healthy participants with no history of hallucinogen use, nearly eighty percent reported that their experiences "increased their current sense of personal well-being or life satisfaction 'moderately' or 'very much'"-effects that persisted for more than a year."
Yet while the FDA generally does not regulate physicians' prescribing practices, a federal law called the Controlled Substances Act bars them from writing prescriptions without a "legitimate medical purpose." Although this prohibition aims to prevent doctors from acting as drug traffickers, the law does not explain which purposes qualify as "legitimate," nor how to distinguish valid prescriptions from those that merely enable patients' illicit drug abuse."
Would prescribing a psychedelic drug simply to promote empathy or increase "life satisfaction" fall within the scope of legitimate medicine-or would these practices render the physician a drug dealer?
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