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 applied by this Court.
 Lastly_ this memorandum turns to the accused's argument that
 marijuana is misclassified as a Schedule I substance in the CSA.
 Marijuana does not satisfy any of the three criteria for control
 in Schedule I. There are a number of _currently accepted medical
 uses" for marijuanas including the treatment of glaucoma and
 cancer patients' recurring chemotherapy, which have now been
 recognized by thirty-six states° In additions numerous
 government reports and studies have shown that marijuana does not
 have a t'high potential for abuse: _' and may be safely used under
 medical supervision.
 The classification of marijuana in Schedule I is also
 unconstitutional in that marijuana is irrationally classified
 with dissimilar and much more dangerous substances, including
 heroin and the hallucinogens. In facts the available evidence
 demonstrates that marijuana has a significantly lower potential
 for abuse than substances classified in Schedules If-IV of the
 CSA, including the barbiturates and amphetamines.
 The theory that underlies the structure of the CSA_ as
 documented by its legislative history, encompasses the following
 two principles: First the creation of five tiers of controls
 (codified in the five schedules of 21 U.S.Co § 812) was designed
 to ensure both actual fairness (in the sense that offenses and
 offenders of varying degrees of severity would be dealt with by
 means of graduating penalties) and the _ppg_aranc_ of fairness (in
 the sense that judges_ prosecutors, and the public perceive that
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