Questions Related to the Potential Rescheduling of Marijuana
Syllabus
The approach that the Drug Enforcement Administration currently uses to determine whether a drug has a \currently accepted medical use in treatment in the United States\ under the Controlled Substances Act is impermissibly narrow. An alternative, two-part inquiry proposed by the Department of Health and Human Services is sufficient to establish that a drug has a \currently accepted medical use\ even if the drug would not satisfy DEA's current approach.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Rule 23(b) “does not require a plaintiff seeking class certification to prove that each element of her claim is susceptible to classwide proof”
- holding that criminal defendants have two years from the issuance of the mandate in Callaway to file a Hale post-conviction claim
- holding that “under the plain language of Rule 23(b)(3), plaintiffs are not required to prove materiality at the class-certification stage.”
- holding that courts may consider “[m]erits questions ... only to the extent[ ]that they are relevant to determining whether the Rule 23 prerequisites for class certification are satisfied”
- holding that predominance “requires a showing that questions common to the class predominate, not that those questions will be answered, on the merits, in favor of the class”
- holding that certain merits questions “should not be resolved in deciding whether to certify a proposed class,” but are “properly addressed at trial or in a ruling on a summary-judgment motion”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.