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Why the FDA should not schedule Laughing Gas

The laughable proposal to crack down on nitrous oxide

by Brian Ballard Quass, the Drug War Philosopher

August 8, 2023



Brian submitted the following comment to Regulations.gov regarding the proposed "scheduling" of nitrous oxide and related substances. For the background story on the laughable proposal, see FDA Wants Public Input On International Scheduling Of Nitrous Oxide And Other Drugs Ahead Of WHO Meeting. To comment on the anti-philosophical proposal, visit this link at regulations.gov. (Deadline for comments is August 24, 2023.)

William James is considered by many to be America's greatest philosopher. His entire philosophy was inspired by the world he encountered under the influence of nitrous oxide, or laughing gas . In his master work, "The Varieties of Religious Experience," James wrote the following: "No account of the universe in its totality can be final which leaves these other forms of consciousness quite disregarded." When you "schedule" substances like laughing gas , then you are censoring science and philosophy.

You are also denying godsend treatments for chronic depressives like myself. For laughing gas improves mood -- not just the gas itself, but LOOKING FORWARD to use. Materialists may not be able to "prove that" with their reductive reasoning, but, frankly, it's common psychological sense. Even the Reader's Digest knows that laughter is the best medicine. Instead of scheduling nitrous oxide, we should be teaching safe use and making it available to researchers and the depressed.

I perfectly understand that some folks may misuse it -- but we should teach them, not arrest them. We have got to stop acting like drugs must be banned if they are capable of misuse. All drugs can be misused. We must teach, not practice fearmongering. You may feel like you're saving a few hundred users from their own folly by scheduling, but you are simultaneously throwing millions of the depressed under the bus, along with philosophers who wish to follow up the studies of William James.

Instead of SWAT teams ready to arrest Americans, we need SWAT teams full of educators, ready to teach safe use wherever drug problems arise. That could surely happen if we spent the multi-billion-dollar DEA budget on educating rather than arresting.

The DEA scheduling system is political, not scientific. It outlaws drugs that have inspired entire religions. Coca was considered divine by the Inca, mushrooms by the Maya, and the psychedelic Soma inspired the Vedic-Hindu religion. We have to stop using the scheduling system to outlaw substances that inspire religions and philosophical thought. That kind of censorship is not what America should be about.

In conclusion, when you schedule mind-expanding substances like laughing gas , you are not just denying godsend treatment to millions, but you are censoring science and philosophy and telling researchers to "stand down" in their attempt to study ultimate reality. William James would be rolling in his grave to know that his philosophical field of inquiry has been shut down by government. Let's be the free country that we purport to be. Let's not censor science and philosophy.

Please do not "schedule" laughing gas and other related mind-enhancing substances in a way to limit their legitimate and beneficial use for science, philosophy, and the depressed.

Laughing gas is already out of reach for myself for practical reasons, and so I have to suffer without relief for depression that is untouched by the Big Pharma 1 2 drugs that have made me chemically dependent for life. That's why we actually need to make substances like laughing gas 3 MORE available, not less.

Scheduling and cracking down is not the answer. That's why the drug situation in the country is now incalculably worse than it was in 1914 when Congress first affectively outlawed a plant in violation of the natural law upon which America was founded. Let's learn from our mistakes. Let's start educating instead of outlawing. Let's start educating about substances instead of "scheduling" them. The prohibition thus created has already had ruinous effects by resulting in no-go zones in inner cities. For as Ann Heather Thompson wrote in The Atlantic in 2014: "Without the War on Drugs, the level of gun violence 4 that plagues so many poor inner-city neighborhoods today simply would not exist."







Notes:

1: Seife, Charles. 2012. “Is Drug Research Trustworthy?” Scientific American 307 (6): 56–63. https://doi.org/10.1038/scientificamerican1212-56. (up)
2: LaMattina, John. n.d. “Why Is Biopharma Paying 75% of the FDA’s Drug Division Budget?” Forbes. https://www.forbes.com/sites/johnlamattina/2022/09/22/why-is-biopharma-paying-75-of-the-fdas-drug-division-budget/. (up)
3: Forbes Magazine's Laughable Article about Nitrous Oxide DWP (up)
4: Firearm Violence in the United States Center for Gun Violence Solutions, Johns Hopkins University (up)








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The "scheduling" system is completely anti-scientific and anti-patient. It tells us we can make a one-size-fits-all decision about psychoactive substances without regard for dosage, context of use, reason for use, etc. That's superstitious tyranny.

Irony of ironies, that the indignant 19th-century hatred of liquor should ultimately result in the outlawing of virtually every mind-affecting substance on the planet EXCEPT for liquor.

Ann Lemke's case studies make the usual assumptions: getting free from addiction is a morality tale. No reference to how the drug war promotes addiction and how banned drugs could solve such problems. She does not say why daily SSRI use is acceptable while daily opium use is not. Etc.

America legalizes alcohol and then outlaws all the drugs that could help prevent and cure alcoholism.

It's because of such reductive pseudoscience that America will allow us to shock the brains of the depressed but won't allow us to let them use the plant medicines that grow at their feet.

I have dissed MindMed's new LSD "breakthrough drug" for philosophical reasons. But we can at least hope that the approval of such a "de-fanged" LSD will prove to be a step in the slow, zigzag path toward re-legalization.

"The Harrison [Narcotics] Act made the drug peddler, and the drug peddler makes drug addicts.” --Robert A. Schless, 1925.

I'm going to get on the grade-school circuit, telling kids to say no to horses. "You think you can handle horses, kids? That's what Christopher Reeves thought. The fact is, NOBODY can handle horses!!!"

The government causes problems for those who are habituated to certain drugs. Then they claim that these problems are symptoms of an illness. Then folks like Gabriel Mate come forth to find the "hidden pain" in "addicts." It's one big morality play created by drug laws.

Richard Evans Schultes seems to have originated the harebrained idea (since used by the US Supreme Court to suppress new religions) that you have no right to use drugs in a religious ritual if you did not grow up in a society that had such practices. What tyrannical idiocy!


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