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28 J. Health Care L. & Pol'y 1 (2025)

handle is hein.journals/hclwpo28 and id is 1 raw text is: 










  HIGH HOPES: LEGAL AND ETHICAL

  ISSUES WITH POST-TRIAL ACCESS

            TO PSYCHEDELIC DRUGS


                             CALLIE TERRIS*
                             EMMA  TUMILTY**


                                Abstract
     The United States is facing a mental health crisis. Yet, treatment options
for complex conditions like Post-Traumatic Stress Disorder (PTSD') remain
inadequate, inaccessible, or unaffordable for many. The  urgent need for
innovative therapies revived clinical investigations into the use of psychedelic
drugs to treat mental health conditions. This Article explores the tension between
methylenedioxymethamphetamine's   (MDMA's) therapeutic potential   for
treating PTSD  and the legal and ethical complexities of having access to a
Schedule  I controlled substance following  the clinical trial. Given the
widespread availability ofillicit and adulteratedMDMA outside the clinical trial
setting and the risks associated with unregulated use, this Article argues
proposed MDMA-assisted  psychotherapy  underscores the need to consider the
long-term   safety implications  of  unresolved   symptoms   in  clinical
trial   participants. This Article  concludes   by  offering preliminary
recommendations  on clinical trial design, the informed consent process,
and  long-term support structures to address the more pressing issues given
current legal realities.


1


* Callie Terris, JD, MS, is a Clinical Ethics Fellow in the University of Texas Medical Branch Health
System and in the Department of Bioethics and Health Humanities, University of Texas Medical Branch.
** Emma Tumilty, PhD, is an Assistant Professor & Director of Graduate Studies in the Department of
Bioethics and Health Humanities at the University of Texas Medical Branch

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