A (Mushroom) Trip Too Far: Policy Shift On Psilocybin Takes Minister Off The Map
| Published date | 19 August 2025 |
| Subject Matter | Government, Public Sector, Food, Drugs, Healthcare, Life Sciences, Constitutional & Administrative Law |
| Law Firm | Rosen Sunshine LLP |
| Author | Emma Gardiner |
A recent Federal Court of Appeal decision about medical psilocybin use exemptions is a great illustration of the administrative law principle that a significant policy shift must be adequately explained.1
The appellants in this case were a number of health care practitioners (HCPs) who challenged the Minister of Mental Health and Addictions' refusal to grant exemptions under subsection 56(1) of the Controlled Drugs and Substances Act (CDSA) to the HCPs for possession and personal use of psilocybin. The HCPs were undergoing training to provide Psilocybin-assisted psychotherapy (PSAP). The HCPs sought the exemption to undergo "experiential psilocybin training," which...
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