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AMERICANS FOR SAFE ACCESS v. DRUG ENFORCEMENT

No. 11-1265.

706 F.3d 438 (2013)

AMERICANS FOR SAFE ACCESS, et al., Petitioners v. DRUG ENFORCEMENT ADMINISTRATION, Respondent Carl Eric Olsen, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2013.

Attorney(s) appearing for the Case

Joseph D. Elford argued the cause and filed the briefs for petitioners.

Carl E. Olsen, pro se, filed briefs for intervenor.

Lena Watkins , Senior Trial Attorney, U.S. Department of Justice, argued the cause for respondent. With her on the briefs were Lanny A. Breuer , Assistant Attorney General, and Anita J. Gay , Senior Trial Attorney.

Dissenting opinion filed by Circuit Judge HENDERSON.

EDWARDS, Senior Circuit Judge:

There is a serious debate in the United States over the efficacy of marijuana for medicinal uses. Although marijuana has been legalized in a number of states, it is classified as a "Schedule I" drug by the Drug Enforcement Administration ("DEA"), pursuant to its authority under the Controlled Substances Act of 1970 ("CSA" or "Act"). The DEA has maintained this listing because it has determined that marijuana "has no currently accepted...

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