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 therefore, no longer lacks sufficient safety Hunder medical
 supervisions" it must be reclassified as a Schedule II drug.
 On two occasions, the Drug Enforcement Administration
 ("DEA H) has defined _currently accepted medical use in treatment
 in the United States" with reference to the Food and Drug
 Administration's new drug application (_NDA #) approval process°
 Initially_ DEA required that a drug with a mcurrent!y accepted
 medical use in treatment in the United States N must have first
 receivedNDA-approval from FDA. _Q/ After this standard was
 rejected by a unanimous panelof the United States Court of
 Appeals for the First Circuits 21/ and after the evidentiary
 record in this proceeding was closed_ DEA promulgated a new_
 amorphus standard that appears to again condition compliance with
 the #accepted medical use in treatment in the United States"
 requirement upon satisfying the NDA-approval standard. 2_/ As
 will be discussed in greater details inf_, if this is a correct
 readingp the wnew standard" offered by DEA is invalid and thus
 nat binding upon this proceeding.
 Likewise_ DEA has, on two separate occasions, defined
 _safety w with reference to the NDA approw_l process° Although
 • ..... 20/ 51 Fed° Reg. 36.552 (1986).
 21/ G rinspoon V. Drug Enforcement Admin_L, 828 F.2d 881 (let
 Cir. 1987). The court was nloatheH to accept DEA's standard and
 characterized DEASs standard as _disingenuous. # /__. at 888.
 2_/ 53 Fed. Reg. 5156 (1988).

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