Jeri Hassman v. Office of the Deputy Administrator

MEMORANDUM

Dr. Jeri Hassman petitions for review of the Drug Enforcement Administration’s decision to deny her application for registration as a practitioner authorized to dispense controlled substances after it determined that her registration would not be in the public interest. We have jurisdiction under 21 U.S.C. § 877 and uphold the DEA’s decision.

Since the parties are familiar with the facts, we do not recount them here. Our task is to determine whether the final decision of the DEA is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). We have reviewed the record, and conclude that the DEA examined the record as a whole, considered all important aspects of the issues raised, did not misconstrue the evidence or reach decisions that run counter to it, and relied on the five factors Congress intended it to consider in reaching its decision. See 21 U.S.C. § 823 (f); The Lands Council v. McNair, 537 F.3d 981, 987 (9th Cir.2008) (en banc), overruled on other grounds by American Trucking Ass’ns, Inc. v. City of L.A., 559 F.3d 1046, 1052 (9th Cir.2009). Contrary to Hassman’s claims, the DEA need not “write an exegesis…