[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Notices]
[Page 50567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21006]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Church of the Living Tree; Denial of Application

    On November 4, 1999, the Deputy Assistant Administrator, Office of 
Diversion Control, Drug Enforcement Administration (DEA) issued an 
Order to Show Cause to The Church of the Living Tree of Leggett, 
California, notifying it of an opportunity to show cause as to why DEA 
should not deny its application for registration as a manufacturer of 
marijuana, under 21 U.S.C. 823(a), for reason that its intended purpose 
for the marijuana is not in conformity with the Controlled Substances 
Act. The order also notified The Church of the Living Tree that should 
no request for a hearing be filed within 30 days of receipt of the 
Order to Show Cause, its hearing right would be deemed waived.
    DEA received a signed receipt indicating that the Order to Show 
Cause was received by Mr. John Stahl, the individual who signed the 
application for registration on behalf of The Church of the Living 
Tree. The original postal return receipt was postmarked in Leggett, 
California on November 16, 1999, and the signed receipt was received by 
DEA on December 1, 1999. No request for a hearing or any other reply 
was received by the DEA from The Church of the Living Tree or anyone 
purporting to represent it in this matter. Therefore, the 
Administrator, finding that (1) 30 days have passed since the receipt 
of the Order to Show Cause, and (2) no request for a hearing having 
been received, concludes that The Church of the Living Tree is deemed 
to have waived its hearing right. After considering material from the 
investigative file in this matter, the Administrator now enters his 
final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 
1301.46.
    The Administrator finds that documentation in the file in this 
matter indicates that The Church of the Living Tree is seeking to 
manufacture and distribute marijuana for human consumption. Marijuana 
is a Schedule I controlled substance and as such there is no currently 
accepted medical use in treatment in the United States. Here it appears 
that The Church of the Living Tree wants to grow marijuana to be 
consumed by medical marijuana patients, which is an impermissible use 
under the Controlled Substances Act. See 21 U.S.C. 812(b)(1), 822(b), 
and 841(a)(1). Therefore, The Church of the Living Tree's application 
must be denied.
    The Church of the Living Tree did not respond to the Order to Show 
Cause and consequently did not present any evidence to refute the 
Government's assertions.
    Accordingly, the Administrator of the Drug Enforcement 
Administration, pursuant to the authority vested in him by 21 U.S.C. 
823 and 824 and 0.100(b), hereby orders that the application for 
registration submitted by The Church of the Living Tree, be, and it 
hereby is, denied. This order is effective August 18, 2000.

    Dated: August 3, 2000.
Donnie R Marshall,
Administrator.
[FR Doc. 00-21006 Filed 8-17-00; 8:45 am]
BILLING CODE 4410-09-M