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jENT BY:Xerox Telecopier 7021 _ 9-30-g3 ; !3:03 ; 202828365g_ g4830057;# 3
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Honorable Janet Reno
May 26e 1993
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Administrator once again disregarded the ALJts findings and, in a
politi_ally charged opinions refu6sd to resohsdule marijuana. In
fact, the Administrator, ignoring the testimony of scores o:
patients and well-respected phyeicians_ analogized petitioners to
'_snakQ oil salesman °' who perpetrate "a cruel hoax _' by 'woffsr[ing]
false hope to desperately ill people. _' It is this opinion which
petitioners have sought the DeC. Circuit to review. Petitioners
hope, at a minimums to have the hearings re-opened to allow for
the presentation of additional evidence reqardin_ mariJuanaSs
medical utility°
Notwithstanding the change in Ad_inistratlone, the
Reagan-Bush policies in this area appear t_ have been continued.
indeed, the Departmentes conduct regardinq this matter has been
disappointing. F_rst, for nearly a month I have attempted to
meet with Lena Mitcheil_ the Department's a_to_ey ass!qnQd to
this case, to discuss the issues and to explain petltionsrs' view
that the continued implementation of the Reagan-Bush
Administration policy is unwise_ unfounded, and contrary to law.
Although I wrote to Ms_ Mitchell some time ago, a copy of the
letter is enclosed for yİur reviews and have attempted several
times to reach her by phone, I have unSil only quite recently
been unable to get any substantlve response from the Department.
In fact, I only became aware of the Department's intention to
file its brief after te!ephoning Ms. Mitchell once again on
Monday° Z also know that my colleaq_eg Xevln Zeese_ counsel for
co-petitioner the D_aq Policy Founder&on, has also written to Ms.
Mitchell and ham had difficulty in @ettlng any s_ibstantive
_e_ponse from the Department°
Second, but more fundamentaliy_ i_ is disturbinq that
the Department has apparently decided to elfin the DEA's
opposition tomariJuana's medical usaqe_ thus continuinq to
implement the policy of the Reagan-Bush adm&nistrations. This
policy -- which was based not on the evidentiary record but, as
the above quoted lan_11aqe _rom Administrator La_'s most recent
opinion demonstrates, on political concerns -- denies the
serioumly ill access to a dr%_g which has been proven to be
medically eZZective in treating their debilltatinq and llfe-
threatening conditions. The Department_m a4_erence to this
policy is even more troubling q&ven the public cr&ticism of this
position by Surgeon General designate, Joycely_ Elde_s.
As set out in our brief, a copy of' whloh is enclosed,
the record _S replete with evidence demonstrating marijuana;s
utility, safety and acceptance for medical use. Further, two
additional parties, the Physi_ians As_ocia_ion :or AXDS Care and
the Lymph_ma Foundation _ Ame_i_a_ have re_entiy intervened _n
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