norml02 - Page 3

 TABLE OF CONTENTS
 Page
 CERTIFICATE AS TO PART!ES_ RULINGS_ AND RELATED CASES .... i
 STATEMENT OF THE ISSUE PRESENTED FOR REVIEW ......... 1
 STATUTES AND REGULATIONS .................. 1
 JURISDICTION ........................ 1
 STATEMENT OF THE CASE .................... 1
 The Statutory Scheme .................. l
 History of the Proceedings ............... 2
 The Administrator's Interpretation of the Statutory
 Standard ........................ 6
 SUMMARY OF ARGUMENT ..................... 8
 ARGUMENT .......................... 9
 i. THIS COURT'S PRIOR DECISION REJECTING THE
 CHALLENGES PETITIONERS RENEW HERE IS THE LAW OF
 THE CASE ..................... 9
 II° EVEN WERE THIS COURT TO CONSIDER THE ISSUES
 PETITIONERS RAISEs IT SHOULD STILL AFFIRM THE
 ADMINISTRATOR'S ORDER ............... !2
 A. THE ADMiNiSTRATOR HAS PROPERLY DETERMINED
 THAT MARIJUANA }MS NO CURRENTLY ACCEPTED
 MEDICAL USE BY REFERENCE TO FDA STANDARDS FOR
 ASSESSING A DRUG'S EFFECTIVENESS ....... 12
 B. THE ADMINISTRATOR'S FINAL ORDER IS NOT
 PROCEDURALLY DEFECTIVE ............ 22
 C_ THE ADMINISTRATOR PROPERLY APPLIED THE
 STATUTE TO THE EVIDENCE IN THIS CASE ..... 27
 i_ THE ADMINISTB_TOR'S EVALUATION OF THE
 EVIDENCE WAS FAIR AND [[NBIASED ...... 27
 2o THE ABSENCE OF SCIENTIFIC EVIDENCE OF
 MARIJUANA'S MEDICAL EFFECTIVENESS SUPPORTS
 THE ADM!NISTRATOR_S CONCLUSION THAT MARIJUANA
 HAS NO CURRENTLY ACCEPTED MEDICAL USE. 30
 3. THE ADMINISTRATOR PROPERLY JUDGED THE SAFETY
 OF MARIJUANA WITHIN THE CONTEXT OF MEDICAL
 EFFECTIVENESS ............... 34
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