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 The Alliance does not view nsafety _ as an issue in
 marijuana's classification at Schedule IIo The statute does not
 call for a separate determination on this issuer but assumes that
 when a substance acquires an maccepted :medical use in treatment _
 one of the elements in that dete_ination _o reached by
 physicians and patients -- is that the substance can be safely
 employed within the context of therapy.
 DEA_ however_ in seeking to maintain marijuana_s
 Schedule I classification, has an affil_native obligation to
 demonstrate marijuana is Hunsafe for use under medical
 supervision o #9//
 The record overwhelmingly demonstrates that marijuanas
 while not a Wperfect# drug t may be safely used with medical
 ........ supervision. It is equally clear DEA has failed to factually
 sustain its position that marijuana is _unsafe for use under
 medical supervision x and the Agency musts therefore_ reschedule
 marijuana to Schedule XI_
 _/ DEA Brief at 94 quoting GrinsDoo_ v_:
 The CSA clearly provides that a substance may
 not be placed in Schedule I unless it lacks
 a _currently accepted medical use in
 treatment in the United States # and Haccepted
 safety for use . _ . under medical
 supervision°n 828 F.2d at 887_ 0Q[_ ¢ _'
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