On December 12, 2023, the Multidisciplinary Association for Psychedelic Studies Public Benefit Corporation (“MAPS PBC”) announced it has submitted a new drug application (“NDA”) to the FDA for the use of 3,4-Methylenedioxymethamphetamine (“MDMA”) for the treatment of post-traumatic stress disorder (“PTSD”).

This novel therapy utilizes the administration of MDMA, a psychoactive substance that binds to the 5HT2a portion of the serotonin receptor, in a clinical setting in conjunction with psychotherapy. It represents a new modality of treatment that addresses a traditionally drug-resistant mental disorder. MDMA is synthetically derived and thus not considered a “classic” psychedelic, such as psilocybin or DMT, but rather an entactogen. It has been a Schedule I drug under the Controlled Substances Act since 1985. Placing it on Schedule I meant there was no currently accepted medical use and a high potential for abuse, making research access difficult. If approved, it would be the first psychedelic substance approved by the FDA for any indication in any modality[1].

MDMA-assisted psychotherapy was given Breakthrough Therapy designation by the FDA in 2017, which allowed MAPS PBC to request Priority Review of the NDA. The FDA now has 60 days to decide whether the NDA will be accepted for review and whether it will be a priority or standard review. Priority review would shorten the time of review from ten months to six months. If approved by the FDA, the Drug Enforcement Administration (“DEA”) would then be required to reschedule MDMA to make it available for prescription medical use. 

The NDA submission includes results from six Phase 2 and two Phase 3 studies. During each study, participants received only three sessions of MDMA paired with psychotherapy and followed by psychotherapy integration sessions, constituting approximately 42 hours in total.  In both Phase 3 studies, between 67% and 71.2% of participants experienced remission and no longer qualified for the PTSD diagnosis. Researchers had to navigate several legal and practical hurdles, including procuring MDMA[2], obtaining the requisite Schedule I licensure for research, training psychotherapists, and establishing a training pipeline to ensure enough therapists are qualified to deliver this new form of therapy. According to Rick Doblin, MAPS Founder and Executive Director, clinical trials are costly, and finding investors and donors over a long period of time who “appreciated balancing public benefit and investment returns” was challenging.  

MAPS PBC noted that the filing “is the culmination of more than 30 years of clinical research, advocacy, collaboration and dedication to bring a potential new option to adults living with PTSD, a patient group that has experienced little innovation in decades.” If approved, this would represent a significant shift in mental health treatment and bring forth the promise of concrete innovation for patients suffering from PTSD – an area that has wanted medical advancements for decades.

Contact us

Our Psychedelic & Emerging Therapies team stands ready to assist companies in this emerging industry and regularly counsels and assists clinicians and innovators seeking to enter clinical trials in the United States, offering regulatory counsel at any stage of the drug development process. Please contact Natasha SumnerKimberly Chew, or Karen Luong.


[1] Esketamine (marketed as Spravato®) is a compound that is frequently included under the umbrella of psychedelic-substances, but its mechanism of action does not involve the 5HT2a portion of the serotonin receptor. It is a dissociative anesthetic that has some hallucinogenic effects. Since “psychedelics” is a loose term for substances that have psychoactive properties, some include ketamine and esketamine as psychedelic substances but as it has a different mechanism of action, it is generally not considered a classic psychedelic. 

[2] See Wang, J. B., Lin, J., Bedrosian, L., Coker, A., Jerome, I., Feduccia, A., Lilienstein, A., Harrison, C., Heimler, E., Mithoefer, M., Mithoefer, A., Ot’alora G., M., Poulter, B., Carlin, S., Matthews, R., Yazar-Klosinski, B., Emerson, A., & Doblin, R. (2021). Scaling Up: Multisite Open-Label Clinical Trials of MDMA-Assisted Therapy for Severe Posttraumatic Stress Disorder. Journal of Humanistic Psychology, 0(0). and Wolfson, P.E., Andries, J., Feduccia, A.A. et al. MDMA-assisted psychotherapy for treatment of anxiety and other psychological distress related to life-threatening illnesses: a randomized pilot study. Sci Rep 10, 20442 (2020).

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Photo of Natasha Sumner Natasha Sumner

Natasha co-leads the firms’ Psychedelics and Emerging Therapies Practice Group and is also part of the product liability team. She focuses her practice on assisting clients in navigating the regulatory scheme for conducting clinical trials on psychedelics and other controlled substances and litigating

Natasha co-leads the firms’ Psychedelics and Emerging Therapies Practice Group and is also part of the product liability team. She focuses her practice on assisting clients in navigating the regulatory scheme for conducting clinical trials on psychedelics and other controlled substances and litigating product liability claims.

Natasha is well-versed in historical and current psychedelic research including recent FDA-approved studies on MDMA and psilocybin use for mental health and end-of-life issues, the legalization and decriminalization of psylocibin in numerous cities and states, and biotech and pharmaceutical research. Natasha’s interest in this area keeps her at the forefront of assisting clients in navigating regulatory uncertainty, legislative advocacy, corporate transactions, and ­­­­­­­­­­litigation in this rapidly evolving complex area. Natasha is also dedicated to insuring diversity, equity, and inclusion and recognizing and preserving indigenous knowledge.

Academic institutions, product manufacturers and commercial businesses are among the clients relying on Natasha’s broad experience. Natasha has defended clients against claims of mold, asbestos, and benzene exposure, including landlords and housing authorities in disputes regarding habitability. She has represented clients alleging violations under the Food, Drug, and Cosmetic (FD&C) Act, and counseled clients regarding California’s Proposition 65 warning requirements, among other state and federal laws.

While in law school, Natasha interned with the California Attorney General Energy Task Force, working on antitrust issues related to the state’s 2001 energy crisis. Her inside view of regulatory issues is appreciated by clients as she navigates them through various complex litigation and compliance.

Photo of Kimberly Chew Kimberly Chew

Kimberly is a seasoned professional with a rich background in biotech research, leveraging her extensive experience to guide clients through the intricate landscape of clinical trials and academic research compliance. As the co-founder and co-lead of the firm’s Psychedelic and Emerging Therapies practice…

Kimberly is a seasoned professional with a rich background in biotech research, leveraging her extensive experience to guide clients through the intricate landscape of clinical trials and academic research compliance. As the co-founder and co-lead of the firm’s Psychedelic and Emerging Therapies practice group, Kimberly is particularly inspired by the potential of psychedelic therapeutics to address mental health conditions like PTSD. She skillfully navigates the legal intricacies surrounding these therapies, providing guidance through the clinical trial process at both state and federal levels.

Photo of Karen Luong Karen Luong

Karen guides clients through high-stakes litigation, focusing on product liability and mass tort matters.

Manufacturers, construction companies, automotive manufacturers and retailers, insurers, contractors, suppliers and business owners are a few of the clients relying on Karen’s experience, counsel and defense. She is well

Karen guides clients through high-stakes litigation, focusing on product liability and mass tort matters.

Manufacturers, construction companies, automotive manufacturers and retailers, insurers, contractors, suppliers and business owners are a few of the clients relying on Karen’s experience, counsel and defense. She is well versed in complex litigation involving toxic products, materials and chemicals. Karen regularly represents clients in state and federal court in matters of product liability, premises liability, personal injury and other complex allegations. She is known for her ability to defend client reputation along with the legal claims at hand.

Karen is the co-founder and co-lead of the firm’s Psychedelic and Emerging Therapies practice group. This groundbreaking group guides researchers, manufacturers, investors, clinicians and other participants around and through the myriad obstacles that result from the patchwork of state and federal laws regulating Schedule I controlled substances.

In addition to Karen’s focus on psychedelic law and complex products liability, she also has experience representing clients in general commercial litigation, business litigation and the cannabis industry.