norml22 - Page 35
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deaths have occurred during withdrawal from
meprobamateo . o
It is irrational to classify marijuana in Schedule I when It is
much less dangerous than the other drugs in Schedule I. Marijuana has
a low potential for abuse, and is analogous to or even less dangerous
than the substances listed in the lower Schedules of the Act°
5. Severe Penalties for Marijuana Offensess While
Identical Conduct Involving Alcohol and
Tobacco Cannot be Criminally Punishede are
The accused's final argument is that it is arbitrary, irrational,
and hypocritical to classify marijuana in Schedule I of the CSA_ with
its attendant severe penalties, when identical conduct involving
alcohol and tobacco cannot be criminally punished.
The CSA specifically exempts alcohol and tobacco from the coverage
of the lawo 21 U.S.Co § 802(6) provides that:
The term e'controlled substance _ means a drug or
other substances or immediate precursors included
in Schedule I_ III, IV or V of part B of this
subchapter_ The term does not include distilled
spirits_ wine, malt beverages_ or tobaccos as those
terms are defined or used in subtitle E of the
Internal Revenue Code of 1954o
The disparity in treatment between marijuana on the one hands and
alcohol and tobacco on the others can no longer be justified. Recent
evidence indicates that alcohol and tobacco are far more dangerous
drugs than marijuana, and present a much greater health hazard to the
user.
_i_G9/19_i- Alcohol operates in the body as a central nervous system
depressant: its effects are very similar to those produced by the
barbiturates. Jaffe, sup_/_, at 289° Tolerance develops from regular
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