NCI Recognizes the Benefits of Medical Marijuana: Implications for the Data Quality Act

Mar 30, 2011, 04:08 ET from Center for Regulatory Effectiveness

WASHINGTON, March 30, 2011 /PRNewswire-USNewswire/ -- The NCI announcement that marijuana has health benefits for people living with cancer is of particular interest to the Center for Regulatory Effectiveness because the reviewability of the Data Quality Act was not addressed by the Ninth Circuit in ASA v. HHS.  In this "avoid the hot potato" ruling the court claimed that the thrust of the petition was being addressed in another forum—the rescheduling petition described below which has seen no movement for a nearly a decade.

Fortunately in Prime Time the DC Circuit found the DQA to be binding on agencies. The NCI announcement provides a basis for a reconsideration of the Ninth Circuit decision because it emphasizes that the Data Quality Act petition filed by the ASA is the only practicable forum for the introduction of the new information.

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SOURCE Center for Regulatory Effectiveness