Author: Dave Hodes

David Hodes is a business journalist based in the Washington D.C. metropolitan area. He has contributed feature articles to several cannabis and psychedelics publications, as well as general business/lifestyle publications, on a variety of topics. Hodes was selected as 2018 Journalist of the Year by Americans for Safe Access. He is a member of the National Press Club, and the deputy booking agent for the National Press Club Headliners Committee.

Recent Stories by Dave Hodes
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Dave HodesFebruary 21, 202411min00

This story was originally published on January 13, 2022, and has been updated. 

On December 20, 2021, breakthrough research at the Usona Institute, a 501(c)(3) non-profit medical research organization based in Madison, Wisconsin, revealed the true crystal forms of pharmaceutical psilocybin. It’s a new discovery of characteristics of the polymorphs of the plant that have always existed but were not detected until now.

But that discovery has ignited controversy within the psychedelics industry about synthetic psilocybin patents being sought by Compass Pathways (NASDAQ: CMPS), one of the leading psychedelics product development companies, using what they said is their original discovery of essentially the same polymorph that the Usona research reported already existed.

The new Usona Institute study laid out the experimental challenges to solve the crystallographic puzzle of synthetic psilocybin, bringing clarity to the polymorphs (unique crystalline arrangements) that naturally occur from the production of synthetic psilocybin. 

Usona claims that the study conclusively shows that three psilocybin polymorphs repeatedly occur from the well-known crystallization process and that they have appeared in numerous places throughout the history of synthesizing psilocybin since 1959. 

In short, the study finds that there is nothing new to see here.

But Compass Pathways sees it differently. The company said they invented the crystalline form of psilocybin used in their synthesized psilocybin formulations, polymorph A, and want to patent it. Not so fast, the experts say.

The rise of the patent conundrum

The team of Usona chemists and collaborating crystallographers say that they already solved key psilocybin crystal structures using powder X-ray diffraction (PXRD) data collected on psilocybin at the Advanced Photon Source synchrotron at Argonne National Laboratory. 

In the Usona process-scale crystallographic research investigation, three crystalline forms of psilocybin were repeatedly observed: hydrate A, polymorph A, and polymorph B. The crystal structure for hydrate A had already been solved using X-ray diffraction. 

Usona’s study presents key new crystal structure solutions for the two anhydrases, polymorphs A and B, previously unidentified but part of the crystal structure dating back to when the crystalline structure was first reported in the 1970s. 

Dr. Alexander Sherwood, lead author of the study and medicinal chemist at Usona, said they were just following clues available to any researcher to put together a full, clear picture of the three psilocybin polymorphs. “The process for isolating and crystallizing pure psilocybin has been consistently reproduced since first reported in 1959, and many different clues throughout history pointed to three psilocybin polymorphs resulting from that process,” he said. “The crystal structure solutions unified all the old evidence and data with precision and elegance. Once we put it all into one place, the full picture came together to tell a complete and compelling story about psilocybin crystallization.”

Then.. the twist

That data, that new discovery information from a non-profit company just wanting to advance the science of psilocybin, is creating conflicts between purists who say psilocybin should not be subject to patents and companies looking to build capitalist enterprises based on patenting such new product discoveries.

That’s where Compass Pathways comes in. Compass Pathways has developed a synthesized formulation of psilocybin, COMP 360, which uses crystalline psilocybin, and, in November 2021, was granted its fifth U.S. patent by the U.S. Patent and Trademark Office (USPTO)—U.S. Patent No. 11,180,517—which covers methods of treating treatment-resistant depression (TRD) with crystalline psilocybin. 

A petition filed December 15 will challenge the patent granted on March 16, 2021. Additional petitions challenging Compass’ patents from the Freedom to Operate (FTO), a non-profit seeking to advance science and education by fighting bad and mistakenly issued patents, are expected.

The December 15 FTO petition quoted expert declarations filed with it from Dr. Sven Lidin (Dean at Lund University in Sweden) and Dr. James Kaduk (professor of chemistry at Illinois Tech and contributor to the Usona study) who explained that “ ’Polymorph A’ is a mixture of known psilocybin polymorphs, not a new polymorph as claimed. Compass’s patent is therefore invalid as claiming a nonexistent polymorph..”

So can Compass still claim to have identified a new crystalline structure—a so-called novel variant as mentioned in their patent application—for their synthetic psilocybin? Or does this finding by Usona and statements in the filing challenging Compass now negate the Compass Pathway’s synthetic psilocybin patents?

 Usona researchers also addressed this in their study: “Revision is recommended on characterizations in recently granted patents that include descriptions of crystalline psilocybin inappropriately reported as a single-phase ‘isostructural variant.’”

In other words, the Compass patents using crystalline psilocybin are at best controversial—and at worst, null and void. 

But the Usona Institute v. Compass Pathways disagreement serves to illustrate a deeper and growing issue between non-profit psychedelics companies like Usona who just want to create and advance better therapies to treat human conditions, and for-profit companies like Compass who want to build an enterprise trying to control access and use of a natural product. 

The questions for the psychedelics community are: Who can commercialize, and control, psilocybin? Or.. should that ever happen?

So many patents

There are now so many applications for patents that the UC Berkeley Center for the Science of Psychedelics created a patent tracker. The college noted that nonprofits, pharmaceutical companies, startups, and academic institutions are all jockeying to patent specific psychedelic compounds and formulations. UC Berkeley wrote, “To help keep tabs on the status of patent applications as they wind their way through the U.S. Patent and Trademark’s review process, BCSP has collaborated on a patent tracker with Psychedelic Alpha, an independent media outlet, community, and consultancy firm in the psychedelic field, and Calyx Law, a patent law boutique focusing on cannabis and psychedelics related IP.”

“No one objects to Compass manufacturing and distributing psilocybin for medical uses, and certainly not me,” Carey Turnbull, founder and director of FTO, in a letter from the founder. “On the other hand, Compass has used its resources to try to prevent anyone but themselves from manufacturing and distributing psilocybin. That’s the rub.”

He continues: “(Compass) is attempting to patent things they should know they did not invent. Patents are not a systemic fault of the system; bad patents that attempt to appropriate pre-existing knowledge from the public commons and then ransom it back to the human race are a misuse of that system.”


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Dave HodesJanuary 31, 20237min00

Most psychedelics clinical trials have some degree of failure in that there are people in the trial who simply can’t tolerate psychedelics as a therapeutic option—usually called adverse events. Common adverse events include headaches, nausea, vomiting, diarrhea, and anxiety. Researchers expect that there are more serious adverse events that go unreported.

Indeed, these adverse events have not been well studied, even as researchers focus on harm reduction during clinical trials in the hopes of bringing in larger groups of participants.

Future studies should describe the timing and severity of effects more extensively, one study concluded, adding that full transparency about adverse events is “a responsibility of clinicians, particularly in a nascent field fueled by the enthusiasm of pioneering researchers.”

One well-known adverse event is the so-called “flashback” from LSD use. But it is considered rare and occurs almost exclusively in the context of illicit recreational use in patients with anxiety disorders, and it typically will have a limited course of months to a year.

But exactly how a certain psychedelic affects any one patient is still a bit of a mystery, according to one study. “Larger studies need to validly define the benefits of using hallucinogens as an adjunct to psychotherapy and the patient characteristics that may predict such additional benefits of hallucinogens. Unclear are the aspects of the acute response to hallucinogens that best predict good long-term therapeutic outcomes.”

Outside of clinical trials, patient tolerance of psychedelics, and the benefit they get from psychedelic therapy, are issues that have been addressed numerous times, mostly with positive results, such as in the 2015 study published in the Journal of Psychopharmacology.

Using a data set of 135,095 randomly selected United States adults, including 19,299 psychedelic users, the associations between psychedelic use and mental health were studied, resulting in no significant associations between lifetime use of psychedelics and increased likelihood of past year serious psychological distress, mental health treatment, suicidal thoughts, suicidal plans and suicide attempt, depression and anxiety. “We failed to find evidence that psychedelic use is an independent risk factor for mental health problems,” the study concluded. “Psychedelics are not known to harm the brain or other body organs or to cause addiction or compulsive use; serious adverse events involving psychedelics are extremely rare. Overall, it is difficult to see how prohibition of psychedelics can be justified as a public health measure.”

Much of the newer science and research by psychedelics companies is aiming at identifying and controlling the hallucination effect from psychedelics in the hopes of scaling up psychedelics therapies to a broader demographic of people seeking mental and physical help.

For example, a genetically encoded biosensor to detect hallucinogenic compounds has been developed by researchers at the University of California, Davis, called the psychLight. Researchers can use psychLight to see how naturally occurring neuromodulators like serotonin, or hallucinogenic drugs, act on different parts of the brain.

Another approach gaining acceptance is to try carefully measuring a micro-dosage of the psychedelic treatment as a method of avoiding any profound hallucinogenic experiences—Algernon Pharmaceuticals’ (OTC: AGNPF) DMT treatment for stroke is one example.

A more recent discovery helps shed new light on who can use psychedelics and who cannot.

University of North Carolina School of Medicine researchers, led by Dr. Bryan Roth, MD, who also leads the National Institutes of Health Psychotropic Drug Screening Program, reported in a study in July that one reason for treatment disparity could be common genetic variations in one serotonin receptor.

Their study results indicated that some gene variations—even ones far from the exact location where the drug binds to the receptor—alter the way that the receptor interacts with the psychedelic drugs.

“Based on our study, we expect that patients with different genetic variations will react differently to psychedelic-assisted treatments,” Roth said. “We think physicians should consider the genetics of a patient’s serotonin receptors to identify which psychedelic compound is likely to be the most effective treatment in future clinical trials.”

The researchers worked with psilocybin, DMT, mescaline and LSD. The research was financed in part by The National Institutes of Health (NIH) and the Defense Advanced Research Projects Agency (DARPA).

“This is another piece of the puzzle we must know when deciding to prescribe any therapeutic with such dramatic effect aside from the therapeutic effect,” Roth said. “Further research will help us continue to find the best ways to help individual patients.”


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Dave HodesJanuary 18, 20238min00

There is psychedelics high fashion. Psychedelics perfume. A psychedelics series on Hulu featuring A-list actor Nicole Kidman. There are psilocybin microdose candies at weddings, replacing alcohol.

Psychedelics of all kinds are working their way into mainstream culture in California and elsewhere. The social elite – Mike Tyson, Miley Cyrus, even Prince Harry – are telling everyone that they’ve not only taken psychedelics, but that it’s changed their lives.

Business conferences about psychedelics are popping up everywhere, including what promises to be the granddaddy – 10,000 attendees in Denver in June for Psychedelic Science 2023 conference.

Johns Hopkins Medicine, NYU, Massachusetts General Hospital, MIT, some top California universities – all are studying psychedelics, some with millions of dollars invested in their work. There is even a new psychedelics caucus in Congress.

Psychedelics is back, big time, and here to stay. But is public attitude changing with the times?

According to a 2021 questionnaire given to 99 people about their attitudes on psychedelics and psilocybin therapy, the majority (72%) supported further research, with 59% supporting psilocybin as a medical treatment.

Younger age groups, those with previous psychedelic experience, and those with nonreligious beliefs were more likely to have favorable attitudes towards psilocybin. A total of 55% of the total sample would accept psychedelics as a treatment if a doctor recommended it.

It’s this sort of momentum for psychedelics that is driving the movement to decriminalize and legalize psychedelics across the U.S. There are now about 15 states or cities in states considering legislation or building working groups to decriminalize or legalize psychedelics. Colorado and Oregon legalized medical use of psychedelics, with Oregon’s legalized medical psilocybin program officially started this year.

There will be much more about the general public’s attitude on the practical use of psychedelics coming out of the Oregon program. But there is still a knowledge gap to overcome, even at the highest levels.

For example, in one study, researchers explored the acceptability of psychedelics among psychiatrists and found that, overall, psychiatrists perceived psychedelics as hazardous and “appropriately illegal.”

The data demonstrates misinformation about psychedelics and a lingering cultural stigma even among highly educated mental health professionals.

So are we still stuck with the stigma of psychedelics, sometimes coming from those respected authorities who we think should know better?

A report about psilocybin in the United Kingdom found that 59% of respondents would use psilocybin-assisted therapy if they had a condition for that kind of treatment. But 24% feared that they would get addicted to psilocybin.

Getting more and better information measuring the general public’s attitudes on psychedelics is fleeting at best. Too much is anecdotal, representing smaller groups or smaller subgroup demographics.

One group of researchers is attempting to develop a model for such measurement, reporting that in a rapidly developing research field such as psychedelics, it is important to understand how the general public views the topic, as well as any specific subgroup – professionals in the mental health field, policymakers or patients.

“Systematically assessing and measuring attitudes on psychedelics in a variety of settings and groups could help understand the wider context and implications of their medical use for psychiatry and society in general,” the researchers noted. “Any further developments in psychedelic research may also affect public opinion trends, which should be followed over time. A validated psychometric instrument allows for direct comparison and replication of data and is best suited to this purpose. Poor general knowledge on psychedelics is understandable, as psychedelic research has only recently experienced revival and the information on these topics is slowly reaching the mainstream.”

What they did find out is that a survey of college students’ attitudes on hallucinogens showed a majority thought that hallucinogens cause addiction. A significant number of participants thought that drugs such as heroin belong to the psychedelic group, indicating a poor understanding of psychedelics’ effects and the classification of illicit substances in general.

“Our findings of the association between knowledge and attitudes on psychedelics strongly indicate that assessing educational interventions is a logical next step,” the study concluded.

The U.S. federal government is perhaps the most difficult obstacle to overcome in changing the public’s perception, because the DEA’s Controlled Substances Act lists most psychedelics as being some of the worst substances on the planet. They are federally illegal, off limits, bad.

There’s a lot to learn still. A lot of misinformation to correct.

After the last 2-3 years of busy psychedelics business development, it feels like the psychedelics industry should be further along in helping the public understand where it’s coming from and where it’s going. The appears not to be the case.

Yet.


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Dave HodesJanuary 17, 20236min00

Yesterday, Numinus Wellness Inc. (TSX: NUMI) (OTCQX: NUMIF), a mental health care company advancing innovative treatments and safe, evidence-based psychedelic-assisted therapies, released its financial results for the quarter ending November 30, 2022.

The company is one of the few in the industry reporting revenue growth, for the most part, because of its area of business concentration as a provider of therapy treatment services involving ketamine and Spravato.

Revenue grew 618% year-over-year to C$5.7 million. Their gross margin grew to 41.9% from 31.5% in the fourth quarter of 2022, with a gross profit of C$2.4 million, representing an increase of C$1.1 million.

The company ended the quarter with a cash position of C$26.4 million, down from C$41.8 in the previous quarter ending May, 2022, and also showed a net loss of C$6.2 million—C$1 million more than in 2021.

“We’re very pleased with the momentum that is building across all aspects of our business and the trajectory we’re on, making Numinus the first publicly traded psychedelic-focused company to achieve profitability, which we believe is likely to occur in the next 18 to 24 months,” Payton Nyquvest, founder and CEO of Numinus, said during the earnings call.

The company’s clinical network during Q1 2023 completed more than 19,774 client appointments, including one-on-one and group therapy sessions, neurology-related appointments, paid group programs, ketamine-assisted psychotherapy (KAT), transcranial magnetic stimulation (TMS) and ketamine/spravato medicine appointments, representing a 13.7 percent increase in clinic appointments compared to more than 17,000 appointments in Q4 2022.

Numinus had 138 practitioners providing client treatments through its wellness clinics and virtual services, a 13.1 percent increase from the beginning of the quarter.

The company was especially busy during the end of 2022, launching a new financing option for clinic patients in Canada and expanding its ketamine-assisted therapy offering to its Toronto location in September.

Then on October 28, 2022, Numinus announced the launch of its Ketamine for Chronic and Serious Medical Illness Program, a new program to be introduced in clinics in Utah, British Columbia and Quebec.

All this is seen as good news for the company by investors. The stock rose 13.64% on the Toronto exchange on the financial report news, though earnings per share were down slightly. Analysts positioned the company as a strong buy, according to Yahoo finance.

Future plans include establishing Numinus as a key provider of psychedelic-assisted therapy training during this quarter, Nyquvest said that they submitted a clinical trial application to Health Canada to conduct experiential psilocybin-assisted therapy training research. “This new experiential training study will enable practitioners training to provide psilocybin-assisted therapy the ability to experience and observe psilocybin sessions and further our understanding of the treatment,” he said. “It is one of the first training programs with an experiential option, and something that further differentiates our broader practitioner training program from others offered.” 

Numinus is initially launching the program at their clinic in Vancouver but expects to expand it to other locations.

Nyquvest also noted that the company has focused on acquiring and adapting clinics that can meet the needs of psychedelic-assisted therapy protocols to be used in the future, ensuring their clinics have therapy rooms large enough to comfortably hold a patient and two therapists, with the appropriate soundproofing and patient access to private bathrooms. “Not all wellness clinic companies currently offering ketamine-assisted therapy have taken the same strategy, and we’re confident that Numinus is the best-positioned clinic network to offer MDMA or psilocybin-assisted therapies as soon as they’re approved.”

Nyquvest concluded his remarks by noting that the main focus is now around practitioner recruitment. “It’s about just filling the capacity that we’ve got as we get prepared for some of these other psychedelic products that we anticipate coming online early next year,” he said.


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