norml22 - Page 18



Page 18 Previous , Next , Original Image
Return to Index

 §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).
 17




Previous , Next , Return to Index