IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
CARL ERIC OLSEN, )
v. ) No. 93-1109
DRUG ENFORCEMENT ADMINISTRATION, )
MOTION FOR REMAND
The Drug Enforcement Administration, respondent in the above-captioned appeal, hereby moves this Court to remand the action to the Administrator of the Drug Enforcement Administration. In support of this motion and as the basis therefore, respondent states as follows:
1. On September 6, 1992, appellant Olsen filed a petition with the Administrator requesting that marijuana be rescheduled from Schedule I to Schedule II of the Controlled Substances Act. In support of this petition, appellant filed a statement of grounds for rescheduling in compliance with 21 C.F.R. § 1308.44(b)(B).
2. On October 23, 1992, the Administrator responded to appellant's petition by refusing to accept that petition for filing. Prior to rejecting the petition for filing the Administrator took no action to review the grounds upon which appellant relied in that petition.
3. Pursuant to the 21 C.F.R. § 1308.44(c), respondent is required to accept the petition for filing absent some defect in format. As this requirement was not met, respondent now requests this Court to remand the matter so that respondent may accept appellant's petition for filing and review that petition in accordance with regulations. See NORML v. Ingersoll, 497 F.2d 654 (D.C. Cir. 1974).
4. Respondent makes this motion in the interests of fairness and judicial economy and not with the intent of causing unnecessary delay. Therefore, respondent respectfully requests this Court to order the Administrator upon remand to accept appellant's petition for filing and to make a ruling upon the matter within 90 days of the date of this Court's final order in the related cases of Alliance for Cannabis Therapeutics v. Drug Enforcement Administration, No. 92-1168 and Drug Policy Foundation v. Drug Enforcement Administration, No. 92-1179. Both of these cases are scheduled for oral argument on October 1, 1993.
Lena D. Mitchell
Narcotic and Dangerous Drug Section
U.S. Department of Justice
P.O. Box 27312
Washington, D.C. 20530
September 15, 1993