CNBX Pharmaceuticals Inc (CNBX)

[jim992]

It will make "Right To Try" federally legal and the states can choose to legislate differently if they oppose it.

The federal government is not taking that right away but instead providing a floor level law to allow it if the state agrees to.

Since most states currently have no "Right to Try" legislation one way or the other, it will basically be legal unless a state chooses otherwise.

As we are taking drugs that were previously not legally available federally and making them available, this is a great first step towards some of our goals! My guess is this will quickly give way to patients who have dangerous and debilitating seizure issues, etc.

Below is the link to Right To Try's Q&A and below that is an excerpt from righttotry.org:

http://righttotry.org/wp-content/uploads/2017/01/RTT-FAQ_QA.pdf

Question: The FDA controls drug approval, and it trumps state law. How can states legally do this?
Answer: It is well established that the U.S. Constitution was designed to provide a floor of protection for individual rights, not a ceiling. States may provide additional and greater protections of individual rights—and all of them do.

For instance, many states protect free speech rights to a greater extent than the U.S. Constitution, others provide greater privacy rights. While the Supreme Court has never addressed Right To Try
specifically, it has held that states have great latitude in regulating health and safety, including medical standards, which are primarily and historically protected as a matter of local concern.

The Supreme Court has recognized a state’s power to govern the practice of medicine involving terminal patients. For example, in Gonzales v. Oregon, the Court upheld the state’s “right to die” law, enacted by Oregon voters, over the objections of the U.S.
Attorney General, who argued that federal law preempted the state law. Considering the Supreme Court deferred to a state’s authority to protect a person’s right to die, it would be consistent for the Court to protect a patient’s right to try to save his own life.

In Abigail Alliance v. Von Eschenbach, a three-judge panel found that the due process clause of the 5th Amendment guaranteed terminally ill patients’ access to investigational treatments that had passed FDA Phase I safety testing. However, upon a request by the FDA for a rehearing by the full court, that ruling was reversed. That decision is not binding on any other federal court outside the D.C. Circuit. Most important, it did not involve the same scenario presented by Right To Try, including the fact that no state law protecting access to investigational drugs was in place at the time.