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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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