In 1994, an administrative law judge (ALJ) decided in 1988 that marijuana has both “safety” and “efficacy” but without the consent of HHS. HHS was never asked to agree with the ALJ. An ALJ is not even on the same level as a federal district court. Decision on “safety” and “efficacy” are clearly vested by 21 USC 811 with HHS, not an ALJ. The DEA Administrator rejected the ALJ decision in 1989. The absence of Chevron now should eliminate any deference to the 1989 decision on currently accepted medical use (CAMU), which is good. But, even better, the CAMU test here wasn’t considered in that 1994 case. HHS has a new test supported by substantially more evidence than the 1988 ALJ decision. And, it’s a test created by HHS, not by an ALJ. Bye, bye, Chevron. Don't let the door hit you on the way out.
In 1994, an administrative law judge (ALJ) decided in 1988 that marijuana has both “safety” and “efficacy” but without the consent of HHS. HHS was never asked to agree with the ALJ. An ALJ is not even on the same level as a federal district court. Decision on “safety” and “efficacy” are clearly vested by 21 USC 811 with HHS, not an ALJ. The DEA Administrator rejected the ALJ decision in 1989. The absence of Chevron now should eliminate any deference to the 1989 decision on currently accepted medical use (CAMU), which is good. But, even better, the CAMU test here wasn’t considered in that 1994 case. HHS has a new test supported by substantially more evidence than the 1988 ALJ decision. And, it’s a test created by HHS, not by an ALJ. Bye, bye, Chevron. Don't let the door hit you on the way out.