norml23 - Page 39

Page 39 Previous , Next , Original Image
Return to Index

 general medical use. But if Dr. Cooper's statement
 is meant to reflect a scientific judgment i_s to the
 medicinaJ potentiaJ of marijuana, then the basis
 for his evaluation should be eJaboratedo Recent
 studies have yielded findings to the contrary:
 HEW's Fifth Annual Report to the UoS. Conqress,
 Marijuana and HeaJth (1975), devotes a ch_pter to
 the therapeutic aspects of marijuana, discovered
 through medicaE research° _d., ch.£, at 1170127.
 Possible uses of marijuana include treatment of
 graucoma, asthma, and epilepsy, and provision of
 "needed relief for cancer patients undergoing
 chemotherapy." Jd., at 117. These promisim3g
 findings were discussed by Dr. Fort in his
 testimony before ALJ Parker. Tr. at 163_165,
 169_170. Only a formal referra_ and hearing will
 allow due weight to be given to such findings.
 Accordingly, recognizing that it is our obligation
 as a court to ensure that the agency acts within
 statutory bounds, we hold that Dr. Cooper's letter
 was not an adequate substitute for the procedures
 enumerated in Section 201(a)-(c)o The case must be
 remanded for further proceedings consistent with
 those statutory requirements° (Footnotes omitted).
 NORIvIL v. DEA, supra, 559 F.2d at 749-50.
 Finally, the Court ordered the case "remanded for further proceed-
 ings not inconsistent with this opinion." _d., at 7,57° The Court
 specifically directed the DEA Acting Administrator ° to refer the NORML
 petition pursuant to Section 201(a)-(c), to the Secretary of HEW
 .. for medical and scientific findings and recommendations for
 rescheduling, consistent with the requirements of the Single
 Convention, as interpreted by this Court. The Secretary of HEW is
 directed to make separate evaluations and recommendations for each of
 the following cannabis materiaJs, within the limits authorized by
 1. "Cannabis" and "cannabis resin" (minimal
 control regime of CSA Schedule H)o

Previous , Next , Return to Index