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 jENT BY:Xerox Telecopier 7021 _ 9-30-g3 ; !3:03 ; 202828365g_ g4830057;# 3
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 Honorable Janet Reno
 May 26e 1993
 Page 2
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 Administrator once again disregarded the ALJts findings and, in a
 politi_ally charged opinions refu6sd to resohsdule marijuana. In
 fact, the Administrator, ignoring the testimony of scores o:
 patients and well-respected phyeicians_ analogized petitioners to
 '_snakQ oil salesman °' who perpetrate "a cruel hoax _' by 'woffsr[ing]
 false hope to desperately ill people. _' It is this opinion which
 petitioners have sought the DeC. Circuit to review. Petitioners
 hope, at a minimums to have the hearings re-opened to allow for
 the presentation of additional evidence reqardin_ mariJuanaSs
 medical utility°
 Notwithstanding the change in Ad_inistratlone, the
 Reagan-Bush policies in this area appear t_ have been continued.
 indeed, the Departmentes conduct regardinq this matter has been
 disappointing. F_rst, for nearly a month I have attempted to
 meet with Lena Mitcheil_ the Department's a_to_ey ass!qnQd to
 this case, to discuss the issues and to explain petltionsrs' view
 that the continued implementation of the Reagan-Bush
 Administration policy is unwise_ unfounded, and contrary to law.
 Although I wrote to Ms_ Mitchell some time ago, a copy of the
 letter is enclosed for yİur reviews and have attempted several
 times to reach her by phone, I have unSil only quite recently
 been unable to get any substantlve response from the Department.
 In fact, I only became aware of the Department's intention to
 file its brief after te!ephoning Ms. Mitchell once again on
 Monday° Z also know that my colleaq_eg Xevln Zeese_ counsel for
 co-petitioner the D_aq Policy Founder&on, has also written to Ms.
 Mitchell and ham had difficulty in @ettlng any s_ibstantive
 _e_ponse from the Department°
 Second, but more fundamentaliy_ i_ is disturbinq that
 the Department has apparently decided to elfin the DEA's
 opposition tomariJuana's medical usaqe_ thus continuinq to
 implement the policy of the Reagan-Bush adm&nistrations. This
 policy -- which was based not on the evidentiary record but, as
 the above quoted lan_11aqe _rom Administrator La_'s most recent
 opinion demonstrates, on political concerns -- denies the
 serioumly ill access to a dr%_g which has been proven to be
 medically eZZective in treating their debilltatinq and llfe-
 threatening conditions. The Department_m a4_erence to this
 policy is even more troubling q&ven the public cr&ticism of this
 position by Surgeon General designate, Joycely_ Elde_s.
 As set out in our brief, a copy of' whloh is enclosed,
 the record _S replete with evidence demonstrating marijuana;s
 utility, safety and acceptance for medical use. Further, two
 additional parties, the Physi_ians As_ocia_ion :or AXDS Care and
 the Lymph_ma Foundation _ Ame_i_a_ have re_entiy intervened _n




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