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 )
 In the Matter of )
 ) Docket No. 86-22
 MARIJUANA RESCHEDULIN@ PETITION )
 )
 ACTS REBUTTAL BRIEF IN SUPPORT OF FINDIN@S
 OF FACT AND CONCLUSIONS OF LAW
 I. INTRODUCTION
 The purpose of this proceeding is to determine whether
 marijuana has satisfied the legal prerequisite set forth in the
 Controlled Substances Act (_CSA _) for reclassification as a
 Schedule II.dzn/g _ /_9__ does marijuana have a _currently
 accepted medical use in treatment in the United States_ #I/
 Despite the fundamental importance of defining the phrase
 Wcurrently accepted medical use in treatment in the United
 States," the Drug Enforcement Administration (DEA or the Agency)
 continues _o evade development of a permissible interpretation of
 ' this phrase. Instead_ DEA adheres to a standard already rejected
 on two occasions by the federal courts° The Agency0 in facts
 disingenuously readopts those elements of the standard
 •
 specifically rejected by the First Circuit in _rinsDoon v. D_u__q
 Enforcement Administration. by eql_ating #acceptance # with nsafety
 I/ 21 UoS_C. § 812(b) (2) (B) (1982).




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