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SISLEY v. U.S. DRUG ENFORCEMENT ADMIN.

No. 20-71433.

11 F.4th 1029 (2021)

Suzanne SISLEY, M.D.; Scottsdale Research Institute, LLC; Battlefield Foundation, DBA Field to Healed; Lorenzo Sullivan; Kendrick Speagle; Gary Hess, Petitioners, v. U.S. DRUG ENFORCEMENT ADMINISTRATION; Merrick B. Garland, Attorney General; Anne Milgram, Administrator, Drug Enforcement Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed August 30, 2021.

Attorney(s) appearing for the Case

Matthew Zorn (argued), Yetter Coleman LLP, Houston, Texas; Shane Pennington (argued), Vicente Sederberg LLP, New York, New York; for Petitioners.

Daniel Aguilar (argued) and Mark B. Stern , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Respondents.

Erica W. Harris , Susman Godfrey LLP, Houston, Texas, for Amicus Curiae Iraq and Afghanistan Veterans of America.

Lisa L. Pittman , Coats Rose P.C., Austin, Texas, for Amici Curiae Rice University's Baker Institute of Public Policy, Drug Policy Program, Dr. Kevin Boehnke, and Dr. Daniel Clauw.

John McKay and Christopher Morley , Davis Wright Tremaine LLP, Seattle, Washington; Giancarlo Urey , Nicole S. Phillis , and Heather F. Canner , Davis Wright Tremaine LLP, Los Angeles, California; for Amici Curiae Lori Walker PhD, Stephen Defelice MD, Lyle E. Craker PhD, Daniela Vergara PhD, Christopher J. Hudalla PhD, Rachna Patel MD, Wendy and Tom Turner, and Maureen Leehey MD.

Concurrence by Judge Collins.

OPINION

Stephen Zyszkiewicz, joined by Jeramy Bowers, filed a one-page, handwritten petition to the United States Drug Enforcement Administration ("DEA") seeking the rescheduling of marijuana in all of its forms under the Controlled Substances Act ("CSA"), 21 U.S.C. § 801 et seq. The DEA wrote a...

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