Congress set forth three criteria that Schedule I controlled substances must meet: (a) the drug or other substance has a high potential for abuse; (b) the drug or other substance has no currently accepted medical use in treatment in the United States; and (c) there is a lack of accepted safety for use of the drug or other substance under medical supervision. 21 U.S.C. § 812(b)(1)(A)-(C). 27.

The Ninth Circuit, however, treated Dugan’s status as a medical marijuana cardholder as irrelevant to his Second Amendment claim—and rightly so. Congress has determined that marijuana “has no currently accepted medical use in treatment in the United States,” 21 U.S.C. § 812(b)(1)(B), and has accordingly specified that it may not be validly prescribed or lawfully possessed, Id. §§ 829, 844(a).

The Ninth Circuit, however, treated Dugan’s status as a medical marijuana cardholder as irrelevant to his Second Amendment claim—and rightly so. Congress has determined that marijuana “has no currently Case 2:11-cv-01679-GMN -PAL Document 10 Filed 02/03/12 Page 24 of 45 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accepted medical use in treatment in the United States,” 21 U.S.C. § 812(b)(1)(B), and has accordingly specified that it may not be validly prescribed or lawfully possessed, id. §§ 829, 844(a).

When consumed they may cause impaired perception, reduced motor control, disorientation, extreme paranoia and violent episodes. Those substances or their immediate precursors listed in the current schedules of 21 USC 812, which do not contain a narcotic, such as d e r i v a t i v e s o f t h e c a n n a b i s p l a n t ( m a r i h u a n a ) , a m p h e t a m i n e s , b a r b i t u r a t e s , h a l l u c i n o g e n s , m e t h a q u a l o n e , a n d phencyclidine. Preliminary investigation An examination by the USACIDC of a particular situation or set of circumstances to determine if there is credible information to believe that a crime may have occurred, or is about to occur, and, if so, whether the USACIDC has investigative authority and responsibility.

See Ross v. RagingWire Telecommunications, Inc., 42 Cal. 4th 920, 926, 70 Cal. Rptr. 3d 382 (Cal. 2008) (“No state law could completely legalize marijuana … because the drug remains illegal under federal law (21 U.S.C. §§ 812, 844(a))”); Emerald Steel Fabricators, Inc. v. Bureau of Labor & Indus., 348 Or. 159, 178, 230 P.3d 518 (2010) Case 3:15-cv-02243-PK Document 53 Filed 07/10/17 Page 26 of 29 22 - DEFENDANT USF REDDAWAY INC.’S MOTION FOR PARTIAL SUMMARY JUDGMENT (“To the extent that [state law] affirmatively authorizes the use of medical marijuana, federal law preempts that subsection, leaving it ‘without effect’”); Roe v. TeleTech Customer Care Mgmt. (Colo.) LLC, 171 Wash.2d 736, 759, 257 P.3d 586 (Wash. 2011) (“Washington patients have no legal right to use marijuana under federal law.”)

3 – MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Case 3:12-cv-02023-HA Document 28 Filed 07/01/13 Page 11 of 43 21 U.S.C. § 812(b) (providing criteria for placing drugs in schedules I–V). Schedule II–IV drugs, which are tracked by the PDMP, include a number of frequently prescribed medications used to treat a wide range of serious medical conditions, including weight loss associated with AIDS, nausea and weight loss in cancer patients undergoing chemotherapy, anxiety disorders, panic disorders, post-traumatic stress disorder, alcohol addiction withdrawal symptoms, heroin addiction, testosterone deficiency, gender identity disorder/gender dysphoria, chronic and acute pain, seizure disorders, narcolepsy, insomnia, and attention deficit hyperactivity disorder.

” (/d. at 491, quoting 21 U.S.C. § 812; see also Gonzales v. Raich (2005) 545 U.S. 1, 14 [“In enacting the CSA, Congress classified marijuana as a Schedule I drug. 21 U.S.C. § 812(c).... Schedule I drugs are categorized as such becauseoftheir high potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment. § 812(b)(1)’].) As wediscuss, tf this Court concludes that the CUA and the MMPA require the City of Riverside to affirmatively permit medical marijuana dispensarics to operate within its borders, then the CSA preempts California law.

B. DEA’s Role In Overseeing Importation of Sodium Thiopental Thiopental is a Schedule III controlled substance. See 21 U.S.C. §812(b)(3). It is unlawful for any person to “import or cause to be imported” sodium thiopental unless that person is registered (or exempt from registration) and has filed a detailed import declaration (DEA Form 236).

Wholesale distributors of controlled substances have a number of duties under the CSA. Distributors of Schedule I or Schedule II drugs — controlled substances with a “high potential for abuse,” 21 U.S.C. §§ 812(b), 812(2)(A)-(C) — must “maintain . . . effective control against diversion of particular controlled substances into other than legitimate medical, scientific, and Case 1:12-cv-00185-RBW Document 14 Filed 02/10/12 Page 12 of 49 6 industrial channels,” 21 U.S.C. § 823(b)(1).2 Wholesale distributors that supply pharmacies with controlled substances must “design and operate a system to disclose to the registrant suspicious orders of controlled substances.” 21 C.F.R § 1301.

SGM 14AUR2sr ob er ts o n P R O D 1P C 70 w ith R U LE S ED-000260 Case 1:07-cv-01583-RMU Document 11-4 Filed 12/13/2007 Page 261 of 308 46799 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.