November 17, 1993

Dear Senator Harkin:

     This is in response to your letter of October 12, 1993, on behalf of your constituent, Mr. Carl E. Olsen.

     Pursuant to 21 U.S.C. § 811, any interested party can petition the DEA to reschedule a controlled substance.  When such a petition is filed with the Drug Enforcement Administration, it is carefully evaluated to determine whether the petition meets the requirements of 21 C.F.R. § 1308.44.  Section (b) of that regulation requires that the petition conform to the format provided and also specifies that four copies be filed.  If the petition is accepted for filing, the Administrator will evaluate the petition on its merits.  If the petition is not accepted for filing, because it is either lacking in the regulatory requirements or not readily understood, the Administrator will notify the petitioner of his decision and reasons thereof.  21 C.F.R. § 1308.44(c).  A copy of the regulation has been provided for your convenience.

     As you are aware, your constituent has appealed the DEA's nonacceptance of his petition to the United States Court of Appeals for the District of Columbia.  In that case, the DEA has asked for a remand of the action in order that the Administrator may accept Mr. Olsen's petition for filing and review that petition on its merits.  The DEA is constrained from commenting further on the merits of Mr. Olsen's case since it is currently pending before the court of appeals.

     I hope the foregoing will assist you in responding to your constituent.

     Sincerely,

     Stephen H. Greene
     Acting Administrator of Drug Enforcement