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 characteristics and the five element test to the marijuana plant.
 I d.
 SUMMARY OF ARGUMENT
 In ACT v° DEA, 930 Fo2d 936 (DoC. Cir. 1991) _ a panel of this
 court considered and rejected the arguments; that petitioners now
 raise regarding the Administrator,s interpretation of the
 statutory phrase, "currently accepted medical use," and his
 application of the statute to the evidence before him. This
 previous decision is the law of the case and petitioners cannot
 now relitigate those issues° In the previous decisions the court
 concluded that_ but for the Administrator's lack of clarity
 regarding three of the eight characteristics that he attributed
 to drugs with a "currenzly accepted medicai use," there was no
 reason to preclude the Administrator's tai!ored reliance on FDCA
 standards to interpret language in the Controlled Substances Act.
 In addition, the court implicitly rejected petitioners _ argument
 that they were prejudiced by inadequate notice of the
 Administrator's interpretation. The court also concluded that_
 in evaluating the evidence, the Administrator was within his
 discretion to determine the relative importance of scientific
 uncertainties and anecdotal evidence. Pet_Ltioners have not
 demonstrated that this court's previous decision reflected error
 or resulted in injustice.
 in any event, the record in this case supports the
 Administrator's decision. Pursuant to the court's order, the
 Administrator has reviewed the record de novo and clarified his