norml02 - Page 7
Page 7
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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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