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 that substance. Substances in Schedule I, including marijuanas
 are subject to the most restrictive regulatory controls.
 Substances in Schedules I and II all have "a high potential for
 abuse. _' Substances in Schedule I_ however_ have _'no currently
 accepted medical use in treatment in the United States _' and "a
 lack of accepted safety for use under medical supervision. '_
 See 21 U.S_C. 812(b) (1988)o
 In anticipation of new information bearing on the factors that
 determine the appropriate schedule for a substance and in
 anticipation of the emergence of new substances with a potential
 for abuse, the Controlled Substances Act provides for the
 administrative scheduling of substances_ transfer of substances
 between the schedules and removal of substances from the
 schedules. See 21 U.SoC. 8if(a) (1988). Congress has conferred
 this administrative authority on the Attorney General who must
 receive a scientific and medical evaluation and recommendations
 from the Secretary of the Department of Health and Human Services
 (DHHS) before either controlling a substance or removing a
 substance entirely from the schedules. See 21 U.S.C_ 81!(b)
 (1988) o The Attorney General has delegated this administrative
 authority to the Drug Enforcement Administrator (Administrator).
 See 28 C.F.Ro 0ol00(b).
 2. History of the Proceedinqs
 In 1972_ pursuant to 21 U.S.Co 811(a) (1988)_ petitioners
 National Organization for the Reform of Marijuana Laws (NORML) _

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