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 agency to tI_eq Drug Enforceme_ Ac_inistration (DEA or the Agency), _sking that
 :_e_i3_a.bere_ved fr_ Schec_le I and freed of all controls er_:i_ly, or be T)
 _transferred ?ro_ Schedule-Z: to Schedule V where it wou]_.-be subject t_ only
 _ _nimal controls° The Act byits terns had placed marijuana C!_ Schedule I
 thereby declarlng, as _. _tter of ]_w, that _t had no leg_tlmate _se in therapy
 : :::. ::: in the Unit_ S_at_ and subjectlng the substance to the strictest-level, of
 ,:_":.,. cont_ _TJte_i_c:_':-_-_:tl,B,L_c_for just over one year when MORML submitted
 . _,_:-:: :::":,_._Ig72 pei:ltlon, >
 On September l, 1972 the Director of BNDD announced hi_ refusal to accept
 the petgt_on for ?il_ng_ stating that he _as not authorized to institute pro-
 ceedings for the action requested because of the provisions of the Single Con°
 ,_ _o_ ,on Narcotic Drugs, ]g61, NOR_!L appealed this action to the United States
 Court of Appeals for the, District; of Columbia Circuit, The court held that the
 Director had erred in rejecting the petition without _a reflective consideration
 and analysis., _ observingthat the Director's refusal _as _ot the kind of agency
 action that promoted the kind of interchange and reflne_Bent of views that is the
 lifeblood of a sound ad_inlstratlve processo _
 _ORML___Z______In_g_e.[s. ol.l.., 162 UoS, Appo
 0.Co 67, 497 F_2d 654, 65g (lg74)_ The court remanded the matter in January
 1974 for further proceedings no_ inconsistent with its opinion, "to be denom_
 Inat_ a conslderatlon on the _eritso _ _do
 A three, day hearing was held at OEA 2 by Administrative Law Judge Le_s
 Parker in January Ig75_ Ti_e judge found in _IORML's favor on several _ssues but
 the Acting Administrator. of DEA entered a ?_n_l order denying NOR_L's petition
 "In all respects= _ NORML again petitioned the court For revie_o Finding Fault
 2 OEA became the successor agency to BNOO in a reorganization carried out
 pursuant to Reorganization Plan NOo 2 of 1973, elf. July l, lg73, 38 Fed.
 Reg. 15g32 (1973)o

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