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 agency to then Drug. Enforcement Administration (DEA or the Agency), asking that
 marijuana be removed from Schedu=le ! and freed of all controls entirely, or be
 transferred from Schedule i to Schedule V where it would be. subject to-:only-
 minimal controls. The Act {y its terms had placed marijuana in Schedule i
 T
 thereby dec1'aring, as a matter of law,: that it had no legi_imate usein-therapy
 in the United States and subjecting the substance to the strictest level of
 controls. The Act had been in effect for just over one year when NORML submitted
 its 1972 petition.
 On September I, 1972 the Director of BNDD announced his refusal to accept
 the petition for filing, stating that he was not authorized to institute pro-
 ceedings for the action requested because of the p_ovisions of the Single Cons
 vention on Narcotic Drugs, lggl. NORML appealed this action to the United States
 Court of Appeals for the District of Columbia Circuit. The court held that the
 Director had erred in rejecting the petition without "a reflective consideration
 and analysis," observing that the Director's refusal "was not the kind of agency
 action that promoted the kind of interchan'ge and refinement of views that is the
 lifeblood of a sound administrative process." NORM_=vo I n_erso11, 162 U.S. App.
 DC. 67, 497 F.2d 654, 659 {1974). The court remanded the matter in January
 3974 for further proceedings not inconsistent with its opinion, _to be denom-
 inated a consideration on the merits." Id.
 A three-day hearing was held at OEA 2 by Adminis!;rative Law Judge Lewis
 ParKer in January 1975. The judge found in NORML's favor on several issues but
 the Acting Administrator of DEA entered a final order denying NORML's petition
 "in all respects." NORML again petitioned the court for review. Finding fault
  2 DEA became the successor agency to BNDD in a reorganization carried out
 pursuant to .Reorganization Plan No. 2 of 1973, eff_ July I. 1973o 38 Fed.
 Rag. 15932 (1973).




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