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 _,,_',_g_?-5007 t:q:,r o 96 9: _2:52 No.OO5 P.04
 _16 PEILiCY FOUNDRTIOi4 TEL:zu__ .... " ....
 States or a currently accepted med:cai use with
 severe restrictions.
 (C} Abuse of the drug or other substance may lead
 to severe psychological or physical dependence.
 21 U.S.C. § 812(b)(2).
 As is apparent_ one salient concept distinguishing tile _.
 two schedules is whether a drug has "no currently I
 .:acceiated medical use in _creattaent in the Unk. ed States."
 This case turns on the appropriate definition and applica-
 tion of that phrase°
 The Administrator is guided by a set of statutory fac-
 tors in making a classification decision as to which sched-
 ule is appropriate. See 21 U.S.C. § 811. And two of those
 factors bear on the Administrator's definition of generally
 accepted medical use--the "scientific evidence of [the
 drag's] pharmacological et_%ct, if known" and "the state
 of current scientific knowledge regarding the drug or other
 substance." 21 U.SoC. § 811(e}(2}, (3).
 Petitioners argued below _hat marijuana has medical
 uses for the treatment of cancer, glaucoma, and other dis-
 eases and therefore it cannot properly be maintained in
 Schedule 1. The ALJ agreed with petitioners and found,
 based on testimony of a number of phys;icians and
 patients, that a "respectable minority" of American physi-
 cians accept those uses, which was s_tticient, according to
 the ALJ, to say that marijuana had a currently accepted
 medical use. The Administrator rejected the AI.A's recom-
 mendation, however, det.ermining that ti_e phrase
 "currently accepted medicM use" required a greater show-
 ing than that a minority--even a respectable minorh,y_
 of physicians accept the usefulness of a given drug.
 tn a prior proceeding, the Administrator had employed
 an additional eight factor test, to further elaborate the
 characteristics of a drug that he thought had a "currently
 accepted medical use":
 (I) Scientifically determined and accepted knowledge
 of its chemistry;

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