Americans for Safe Access v. DEA

706 F.3d 438 (2013)

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Americans for Safe Access v. DEA

United States Court of Appeals for the District of Columbia Circuit
706 F.3d 438 (2013)

Facts

Americans for Safe Access (ASA) (plaintiff) petitioned the Drug Enforcement Administration (DEA) (defendant) to initiate proceedings to reschedule marijuana from Schedule I of the Controlled Substances Act (CSA) to Schedule III, IV, or V. In support of its petition, ASA submitted more than 200 peer-reviewed studies that, according to ASA, concluded that marijuana was effective for various medical purposes. However, most of the peer-reviewed studies were limited in size or duration. The DEA determined that ASA had failed to establish marijuana’s efficacy. Because there was insufficient evidence of efficacy, the DEA determined that marijuana had no currently accepted medical use and denied ASA’s petition. ASA petitioned the United States Court of Appeals for the District of Columbia Circuit to review the DEA’s decision, arguing that the decision had been arbitrary and capricious.

Rule of Law

Issue

Holding and Reasoning (Edwards, J.)

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