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 Marijuana has also been proven to be an effective and useful
 medicine for cancer patients receiving chemotherapy and radiation
 therapy. These forms of therapy are extremely painful, and are
 characterized by loss of body hair, often extreme depression, and
 prolonged nausea and vomiting. Marijuana has been found to be
 effective in reducing or eliminating the nausea and vomiting
 experienced by many of these cancer patients. Secretary of HEW,
 Ej_ghth Annual Repor_ _!!P_r_%, at 28-29_
 3. Marijuana Can Be Safely Used HUnder
 The third and final criterion for placement in Schedule i is
 that "there is a lack of accepted safety for use of the drug or
 other substance under medical supervision." 21 U.S.C. §
 812(b) (i) (B).
 Even if we would concede that marijuana satisfied this
 criterion when the CSA was passed in 1970_ we believe that it is
 obvious that marijuana does not satisfy this criterion today.
 The studies and reports cited in the prew[ous sections of the
 memorandum documents marijuana_s low potential for abuse, and
 indicate that there is no '_lack of safety" attendant to the use
 of marijuana with or without medical supervision.
 In addition, the experience of the states which have allowed
 the use of marijuana as medicine documents the safety of the
 substance when used under medical supervision°
 The classification of marijuana in Schedule I must,
 therefore, be deemed to be arbitrary and irrational, because
 current information shows that marijuana satisfies none of the

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