norml02 - Page 17
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I evaluating whether marijuana has a currently accepted medical
I use° l_d. at 940. Far from invalidating the Administrator's
ultimate decisions however_ the court simply remanded "for an
I explanation as to how all three of these factors were utilized by
the Administrator in reaching his decisiono _' !d. at 940. The
I Administrator fully complied with the court's mandate by
I explaining his reasoning on this points and indeed by generally
disclaiming reliance on the factors the court suggested might be
Now that the Administrator has provided the full "explanation"
I required by the courts there is no basis for petitioners' attempt
to relitigate issues they lost on the previous appeal.
Specifically, this court already has rejected petitioner's
renewed arguments that it should be enough that a "respectable
minority '_ of the medical community accepts marijuana for
I medicinal purposes (930 F.2d at 939) 4 and that the Administrator
The court explained that "neither the statute nor its
legislative history precisely defines the term 'currently
accepted medical useS; therefore_ we are obliged to defer to the
Administrator's interpretation of that phrase if reasonable."
Ibido (citations omitted). The court did "not see how it can be
thought an unreasonable application of the statutory phrase to
I emphasize the lack of exact scientific knowledge as to the
chemical effects of the drug's elements." Ibid. Specifically
addressing petitioners' claim that it should be enough if a
"respectable minority" of physicians espouse marijuana being used
medicinally_ the court held that "It]he determination as to
much weight to place on scientific uncertainties as opposed to
anecdotal evidence in applying the statutory phrase .o. is very
much a policy judgment which we have no authority to challenge."
Ibid. (citation omitted)° The court concluded that "[w]e
certainly have no grounds_ on this records to dispute the
I Administrator's premise that without much more complete
scientific data American physicians will not accept marijuana."
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