norml11 - Page 69

 IX_
 : CONCLUS lOIN
 ANO
 -'_ RECOMMENDED. DECISION -"
 , Based upon the foqegoing facts and reasoniag, the administrative law judge
 concludes that the provisions_of theAct permit and .require .the tPansf,en of '
 marijuana from Schedule I to Schedule 11. The judge realizes that strong
 emotions are aroused on both sides of any discussion concerning the use of
 marijuana. Nonetheless it is essential for this Agency, and its Administrator,
 calmly and dispassionately to review the evidence of record, correctly apply the
 law, and act accordiagly.
 Marijuana can be harmful. Marijuana.is abused. But the same is true of
 dozens of drugs or substances which are listed ia Schedule [I so that they can
 be employed in treatment by physicians in. proper cases, despite their abuse
 potenial.
 Transferring marijuana from Schedule [ to Schedule II will not, of course,
 make it immediately available in pharmacies throughout the couatry for legiti-
 mate use in treatment. Other government authorities, Federal and State, will
 doubtless have to act before that might occur, gut this Agency is not charged
 with responsibility, or given authority, over the myriad other regulatory
 decisions that may be'required before marijuana can actually be legally avail-
 able. 'This Agency is charged merelyiwith determining the placement of marijuana
 pursuant: to the provisions of the Act° Uader our system of laws the responsi-
 bilities of other regulatory bodies are the concerns of those bodies, _ot of
 .i
 this Agency.
 T.here arethose who_ in all sin_erety, argue that the transfer of marijuana