A 51-year-old Calgary man who suffers debilitating cluster headaches has won a Federal Court battle forcing Health Canada to reconsider his bid for legal access to psilocybin to treat his extreme pain.
Ottawa Federal Court Judge Simon Fothergill, on May 24, granted an application for judicial review of Health Canada’s denial of Jody Lance’s bid for legal access to medical grade psilocybin — the active ingredient in hallucinogenic mushrooms — to manage pain associated with the headaches, which is so bad they have earned the nickname “suicide headaches.”
That decision — which also highlighted the need to consider a patient’s Charter rights — is being hailed by others fighting to access psilocybin for medical reasons.
Requests to access controlled substances in special medical circumstances are filed through Health Canada’s Special Access Program (SAP). In their July 12, 2023, SAP application Lance and his Calgary neurologist, William Jeptha Davenport, requested legal access psilocybin to help treat pain. Health Canada denied the request due to lack of research into the efficacy of the drug to treat cluster headaches.
This is the best summary I could come up with:
A 51-year-old Calgary man who suffers debilitating cluster headaches has won a Federal Court battle forcing Health Canada to reconsider his bid for legal access to psilocybin to treat his extreme pain.
In their July 12, 2023, SAP application Lance and his Calgary neurologist, William Jeptha Davenport, requested legal access psilocybin to help treat pain.
McAllister wrote that in his experience, “many cluster headache patients obtain outstanding results using psilocybin-containing mushrooms,” which he said helped prevent episodes with little danger or side effects.
He argued that by denying Lance access to psilocybin, federal authorities infringed on his Charter right to make reasonable medical choices regarding his physical and mental wellbeing.
The ruling noted that this infringement was exacerbated by delays and risked Lance’s life due to his suicidal ideation and the fact that he could potentially be eligible for medical assistance in dying (MAID).
Ian MacKay, the SAP manager for Health Canada’s office of clinical trials, told federal court he has a 13-member team that handles about 1,000 requests and 800 phone calls per month, many of which are medical emergencies.
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