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March 2007
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ASA lawsuit

I finally got a chance to read the ASA lawsuit filing (large pdf file) in U.S. Circuit Court resulting from its years of following through with a Data Quality Act challenge against the Department of Health and Human Services.
They do a nice job recapping the years of delay and illegal non-responsiveness on the part of HHS, and conclude with:

VIII. RELIEF SOUGHT
WHEREFORE, ASA, on behalf of itself, its constituents, and others similarly situated, seeks the following relief:

  1. A declaration that the HHS’ denial of ASA’s petition and administrative appeal is arbitrary and capricious, an abuse of discretion, and not in accordance with law under the APA;
  2. A permanent injunction:
    1. enjoining defendants from continuing to disseminate statements that
      marijuana “has no currently accepted medical use in treatment in the United States;” and
    2. requiring HHS to make appropriate corrections to all statements that it has
      disseminated that marijuana “has no currently accepted medical use in
      treatment in the United States;”
  3. Costs and attorneys fees incurred in this action; and
  4. Such other and further relief as may be just and proper.

We’ll see what happens.

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