norml02 - Page 34
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findings with respect to that evidence. Petitioners _ assertion
that the Administrator disregarded the ALJ's credibility findings
with respect to the witnesses and evidences Pet. 42e incorrectly
describes both the ALJ_s findings and the respective
Administrators' reviews of the record° Firsts the ALJ made no
specific findings regarding credibility. Rather_ he briefly
summarized the general background or professional qualifications
of particular witnesses to the extent it was relevant to the
testimony. Second, the Administrator's review of the evidence
for sufficiency did not present the kind of credibility question
that would require deference to the ALJ's observations. To set
forth substantial evidence in support of his findings_ the
Administrator first had to determine the basis for the witnesses _
conclusions about the medicinal value of marijuana and evaluate
the witnesses' respective qualifications to draw those
conclusions° Thus_ the Administrator's independent review of the
facts relevant to these two issues was proper.
Petitioners also cite the Administrator's assessment of the
reliability of testimony from patients and their families as
evidence of improper bias against the lay witnesses. See
discussion in Final Order If, 57 Fed° Reg. at i0_502.
Petitioners, however, cannot reasonably dispute the
Administrator's observation that patient testimony has no
evidentiary value outside the context ef extensive clinical
studies controlled for the placebo effect and biased observation.
In additions the Administrator _s justifiably concerned about the
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