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.

  • k_rol
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    6 months ago

    Let the man have his mushrooms God damn it. I bet the only people against it would be pharmaceuticals.

    • MajorMajormajormajor
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      6 months ago

      I’m honestly surprised the pharmaceutical companies aren’t championing the cause to legalize mushrooms so they can corner the market on them.

      • nyan@lemmy.cafe
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        6 months ago

        Can’t patent them, so it isn’t as lucrative a revenue stream as something they have exclusive rights to. Whether or not it works is always secondary.

        • IninewCrow
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          6 months ago

          Pharmaceuticals are a money making business … their secondary role is medical care … if we allowed them and gave them the patents, they would be happy to sell and distribute cocaine and heroin if it meant they could profit from it.

          • nyan@lemmy.cafe
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            6 months ago

            Heroin was originally developed as a pharmaceutical, so I wouldn’t be surprised if it is still being manufactured and distributed as such somewhere in the world. Morphine has certainly never gone out of style.

        • CanadaPlus@lemmy.sdf.org
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          6 months ago

          That makes it kind of value-neutral. If they want to make IP money, they could always develop a slightly enhanced derivative.

          I don’t know, I don’t buy the “miracle herbs” thing. It seems like a ploy for people selling herbs more than anything.

      • CeeBee@lemmy.world
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        6 months ago

        The difficulty in patenting and mass producing bacteriaphages is the reason we don’t have them available in Western countries. But they are available in other places like Russia.

        Bacteriaphages would be a huge boon to dealing with antibiotic resistant strains.

        • girlfreddyOP
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          6 months ago

          I thought bacteriophages were used against antibiotic-resistant infections, not cluster headaches.

          • Stardust@kbin.social
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            6 months ago

            I believe they were using it as an example of failure to corner the market, that is, in reply to the previous person’s comment and not directly to the main post.

  • CanadaPlus@lemmy.sdf.org
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    6 months ago

    This is why we need the Charter. Politicians don’t care about a few horribly disabled people, and average people don’t want to think about them, but courts have to.

  • TSG_Asmodeus (he, him)@lemmy.world
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    6 months ago

    If any of you out there suffer from Cluster Headaches as I do, know that mushrooms absolutely destroyed them. I went from 3-4 attacks a year, to one in the last 9 years.

    • streetfestival
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      6 months ago

      That’s an incredible difference. How much do you consume and how often?

      • TSG_Asmodeus (he, him)@lemmy.world
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        6 months ago

        I just did it once right after the attack l had 9 years ago, and then once after one I had about a year ago. My doctor of all people suggested it, and I didn’t even trip on it.

        So yes, if any of you also suffer, find yourself some (legit) mushrooms, they should help. I’ve been there and I know that pain, they don’t call them suicide headaches for no reason. There’s help!

        EDIT: Realised I forgot dosage – I asked a friend who did mushrooms every month or so, and he gave me ‘the smallest dose.’ So sadly I don’t know what it was, sorry for anyone who wants that info. Just know it doesn’t take much.

        • streetfestival
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          6 months ago

          Thanks for sharing. I’m glad you’ve got something that works well for those headaches and is cost effective. Most drug industry meds are to be taken daily. There’s not a lot of money in something like this for the drug companies lol

  • Value Subtracted@startrek.website
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    6 months ago

    I’m the first person to defend Health Canada having standards for scientifically-validated treatment, but there is clearly work to be done in actually making sure the science happens - ideally, cases like this where the treatment is being recommended by licensed doctors should be considered opportunities for research, even if it is only a case study.

  • howrar
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    6 months ago

    Health Canada denied the request due to lack of research into the efficacy of the drug to treat cluster headaches.

    That’s a load of BS. We know it helps this one person. Why does it matter if it helps the average person suffering this affliction?

  • rab
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    6 months ago

    How does mushrooms help with headaches? Every time I do mushrooms I get a headache lol

  • AutoTL;DR@lemmings.worldB
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    6 months ago

    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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