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 record keeping requirements. Any adult may possess and use those drugs
 without fear of any criminal sanctions whatsoever° A person who wishes
 to distribute or possess marijuana has no such option; distribution or
 possession of any amount can subject him to penal sanctions° The
 irrationality and arbitrariness of the exemption provisions are clear:
 persons involved with marijuana, a relatively harmless drug, 8 are
 subject to severe penalties, while persons involved with alcohol and
 tobaccos two very dangerous drugsf are not° If society is going to
 permit alcohol and tobacco_ with their attendant harms, including
 death, to be imported, manufactured_ distributed, possessed and used,
 then_ in light of the current scientific and medical knowledgef there
 is no rational basis for prohibiting the _same when it comes to
 marijuana. 9
 WHEREFOREs based on the foregoing and on any evidence adduced at
 Duke and Gross in ° a _ _" _a_ point out:
 Approximately 100 million Americans over the
 past three decades have smoked (or eaten)
 marijuana. Millions of these have used
 marijuana on a regulars almost daily basis
 for decades. Despite these massive numbers
 of long-term users, no reliable evidence has
 appeared that such use has _ adverse
 effects on their physical health.
 /___, at 51.
 9 See Memorandum, _ at 5-6 regarding Justice Swainson_s
 opinion in P__9_/_S_incl___, 387 Micho 9!s 194 N.Wo 2d 878
 (1972), wherein the court concluded that '_there is not even a
 rational basis for treating marijuana as more dangerous than
 alcohol, v,

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