Aims

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ADVANCED INTEGRATIVE MEDICAL No. 21-70544

SCIENCE INSTITUTE, PLLC; SUNIL

AGGARWAL, Doctor, MD, PhD,

FAAPMR; ERINN BALDESCHWILER; OPINION

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.

On Petition for Review of an Order of the Drug Enforcement Agency

Argued and Submitted September 2, 2021 Pasadena, California

Filed January 31, 2022 Before: Sandra S. Ikuta, Mark J. Bennett, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Ikuta

SUMMARY*

Drug Enforcement Agency

The panel dismissed, for lack of jurisdiction, a petition for review of the Drug Enforcement Administration (“DEA”)’s letter sent in response to an attorney’s letter seeking advice and guidance on how a physician could administer psilocybin to a terminally ill patient without incurring liability under the Controlled Substances Act (“CSA”).

Specifically, the attorney’s letter asked the DEA how the CSA would…