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 STATFEMEh_f OF THE ISSUE PRESENTED FOR REVIEW
 Whether petitioners _ challenges to the Drug Enforcement
 Administrator's interpretation and application of the statute
 warrant reconsideration after a panel of this court previously
 rejected them.
 STATUTES AND REGULATIONS
 The pertinent statutes and regulations are set forth in an
 addendum bound with this brief°
 JURISDICTION
 Petitioners appeal a final order of the Drug Enforcement
 Administrator, issued pursuant to 21 U. SoCo 811(a) (1988) and
 effective March 26, 1992. The Administrator acted under
 authority delegated to him by the Attorney General pursuant to 28
 C.F.Ro 0.100(b). Petitioners timely sought review and this court
 has subject matter jurisdiction over this case pursuant to
 21 U.S°C. 877 (1988).
 STATEMENT OF THE CASE
 i. The Statutory Scheme
 In the Controlled Substances Act, I Congress has classified
 drugs and other substances with a "potential for abuse" into five
 categories called "scheduleso '_ Placement in a particular
 schedule determines the regulatory control;s over a substance as
 well as the criminal penalties for unlawful activity involving
 The Controlled Substances Act is the short title of the
 Comprehensive Drug Abuse Prevention and Control Act of 1970,
 ° t!_° i! 84 Stato 3_, 1242 (effective May
 Pubs L. No 91-513_ _ _ !2
 197] )




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