norml22 - Page 18
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§812(b) o The three criteria required for inclusion in Schedule I
are as follows_
21 U.S.C. §812(b):
(I) Schedule I.
(A) The drug or other substance has a high
potential for abuse.
(B) The drug or other substance has no currently
accepted medical use in treatment in the United
States.
(C) There is a lack of accepted safety for
use of the drug or other substance under
medical supervision.
As is apparent from these criteria, Schedule I has been
reserved for the most dangerous substances, and those substances
without medical uses in treatment, such a_s heroin. Substances
listed in Schedule I are generally subject to the strictest
controls and harshest penaltiese compared to substances listed in
the lower schedules of control_ _9_, 21 U_S.Co §§ 811-12, 841-
49.
It is important to note that the legislative history of the
CSA demonstrates that marijuana's classification in Schedule i
was intended as a temporary measure, based upon limited
informationo 4
Congress clearly indicated that a reconsideration
of marijuana's classification would be appropriate when a number
4 If this court rules that marijuana is misclassified as
a Schedule I substances this would trigger the rescheduling
provisions contained in the CSA. In Sections 201 and 202, 21
U°SoC. §§811-12, Congress created a detailed procedure to be
followed by federal officials in determining the proper Schedule
for a substance° __., _/li_ted___tes__________Q, 401 Fo Supp. 120,
127 (N.Do Ill. 1975).
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