ADVANCED INTEGRATIVE MEDICAL SCIENCE INSTITUTE, PLLC; Sunil Aggarwal, Doctor, MD, PhD, FAAPMR; Erinn Baldeschwiler; Michal Bloom, Petitioners,
v.
Merrick B. GARLAND, Attorney General; D. Christopher Evans, in his official capacity as acting Administrator of the U.S. Drug Enforcement Administration; U.S. Drug Enforcement Administration, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted September 2, 2021 Pasadena, California.
Thomas Pulham (argued), and Mark B. Stern , Appellate Staff; Brian M. Boynton , Acting Assistant Attorney General; United States Department of Justice, Civil Division, Washington, D.C.; for Respondents.
Peter B. Gonick (argued) and Brendan Selby , Assistant Attorneys General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; Mark Brnovich , Attorney General, Phoenix, Arizona; Kathleen Jennings , Attorney General, Wilmington, Delaware; Kwame Raoul , Attorney General, Chicago, Illinois; Dana Nessel , Attorney General, Lansing, Michigan; Keith Ellison , Attorney General, St. Paul, Minnesota; David Yost , Attorney General, Columbus, Ohio; Ellen F. Rosenblum , Attorney General, Salem, Oregon; Karl A. Racine , Attorney General, Washington, D.C.; for Amici Curiae States of Washington, Arizona, Delaware, Illinois, Michigan, Minnesota, Ohio, and Oregon, and District of Columbia.
Eleanor Hamburger , Sirianni Youtz Spoonemore Hamburger PLLC, Seattle, Washington; Hank Balson , Budge & Heipt PLLC, Seattle, Washington; for Amici Curiae End of Life Washington, EvergreenHealth, The Washington State Psychological Association, A Sacred Passing, and Participating End of Life Care Clinicians and Researchers.
John Wolfe , Orrick Herrington & Sutcliffe LLP, Seattle, Washington; Nicholas Peterson , Orrick Herrington & Sutcliffe LLP, Washington, D.C.; Nancy Talner , American Civil Liberties Union of Washington, Seattle, Washington; for Amicus Curiae American Civil Liberties Union of Washington.
Before: Sandra S. Ikuta, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.
OPINION
IKUTA, Circuit Judge.
This appeal seeks to challenge a letter sent by the Drug Enforcement Administration (DEA) in response to an attorney's letter seeking advice and guidance on how a physician could administer psilocybin (a hallucinogenic substance) to a terminally ill patient without incurring liability under the Controlled...
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