norml23 - Page 39
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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
treaty:
1. "Cannabis" and "cannabis resin" (minimal
control regime of CSA Schedule H)o
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