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 On remand, the Administrator again placed MDMA into
 Schedule Io See 53 Fed. Rego 5,156 (Drug Enforcement
 Administration 1988). In his rulings the Administrator listed
 eight "characteristics of a drug or other substance with an
 accepted medical use in treatmento _' Ida at 5_157o This final
 rule was published February 22_ 19S8, and there was no appeal.
 At the time of publications the ALJ had a!ready received the
 testimony and exhibits in the administrative proceedings on
 NORML's amended petition to transfer marijuana from Schedule i to
 Schedule If, but the proceedings had not closed.
 in Final Order I denying NORML_s amended petition to transfer
 marijuana from Schedule I to Schedule II_ the Administrator cited
 the same eight characteristics of a drug or other substance with
 I an accepted medical use in treatment° See 54 Fed° Reg. at
 53,783. This court remanded the case to the DEA upon finding
 I that a Schedule I drug could not possibly satisfy three of the
 i characteristics_ making the use of any of these three
 characteristics to interpret the statutory language unreasonable.
 See ACT v. DE___A, 930 F.2d at 940. On remand from this court, the
 Administrator refined the list of characteristics into a five
 element test satisfaction of which "constitute[s] prima facie
 evidence that a drug has a currently accepted medical use in
 treatment in the United Stateso _' See Final Order II_ 57 Fed.
 Rego at I0_504 - I0_506. As ordered by this courts the
 Administrator also clarified his application of the eight

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