Opening Word document…

“United States” means anywhere in the United States subject to the jurisdiction of the US.

Coffin 87 [Frank F. Coffin; September 18, 1987; Federal Judge on the First Circuit Court of Appeals; Westlaw, “Grinspoon v. Drug Enf't Admin.,” 828 F.2d 881]

The Administrator begins by arguing that the language of the CSA itself is evidence of congressional intent favoring his construction of the statute. His argument is based on the definitions of terms chosen by Congress in drafting the relevant provisions of the CSA. He first cites the definition of the term “United States” as used in “accepted medical use in treatment in the United States.” 21 U.S.C. § 812(b)(1)(B). This term is the only portion of the Schedule I criteria that Congress has expressly defined in the CSA, providing that “[t]he term ‘United States,’ when used in a geographic sense, means all places ... subject *886 to the jurisdiction of the United States.” 21 U.S.C. § 802(28) (emphasis supplied). Coupling this statutory definition of “United States” with the dictionary definition of “accepted”—which means “generally approved” or “generally agreed upon”—the Administrator argues that the phrase “accepted medical use in treatment in the United States, ” 21 U.S.C. § 812(b)(1)(B), must contemplate an administrative determination that the substance has been “generally approved” for use in treatment in “all places” subject to United States jurisdiction. In other words, FDA interstate marketing approval is necessary to satisfy this criterion because, otherwise, the substance could not be deemed to be “generally approved” everywhere in the United States.7 We find this argument to be strained and unpersuasive. The CSA's definition of “United States” plainly does not require the conclusion asserted by the Administrator simply because section 802(28) defines “United States” as “all places subject to the jurisdiction of the United States.” 21 U.S.C. § 802(28) (emphasis supplied). Congress surely intended the reference to “all places” in section 802(28) to delineate the broad jurisdictional scope of the CSA and to clarify that the CSA regulates conduct occurring any place, as opposed to every place, within the United States. As petitioner aptly notes, a defendant charged with violating the CSA by selling controlled substances in only two states would not have a defense based on section 802(28) if he contended that his activity had not occurred in “all places” subject to United States jurisdiction. We add, moreover, that the Administrator's clever argument conveniently omits any reference to the fact that the pertinent phrase in section 812(b)(1)(B) reads “in the United States,” (emphasis supplied). We find this language to be further evidence that the Congress did not intend “accepted medical use in treatment in the United States” to require a finding of recognized medical use in every state or, as the Administrator contends, approval for interstate marketing of the substance.

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