norml23 - Page 13
Page 13
Previous ,
Next ,
Original Image
Return to Index
Finally, it should be noted that a statute may be challenged
as irrational and arbitrary either on the ground of its inclusion
within a statutory scheme of an item which cannot be rationally
grouped with the other members of the class so regulated, GuJf c°
& S. F. Ry.v. Eillis, 165 U°S. 150, 1589, 165_66, 17 SoCt. 255,
4 LEd° 666 (1897); 8axstrom Vo Herold, 383 UoS. 1 7, 86 S.Ct.
760, 15 L.Edo2d 620 (1966); Glona v. Amedcan Guar. & Lib. ins.
Co., 391 U.So 68, 88 S.Ct. 1509, 20 LEd.2d 436 91968); Rinaldi
v. Yeager, 384 U.S. 305, 86 S.Cto 1497, 16 L.E& 577; Carrington
v. Rash, 380 UoS. 89, 85 S.Ct. 775, t 3 LEd.2d 675 (1 965); United
States v. Carolene Products, supra, at 153-154; or by its
exclusion from the provisions of the statute of a person or thing
which rationally beJongs within the regulated class, Connelly v.
Union Sewer Pipe Co., t84 U°S. 540, 560, 22 S.Ct. 431, 46 LEd.
679 (1902); Norey v. Doud, 354 U.S. 457, 77 S.Cto i 344, 1 LoEd.2d
1485 (1957); Hartford Steam Boiler L and ins° Co. vo Harrison,
301 U.S. 459, 57 S.Ct. 838, 81 L.Ed. 1223 (1927); Smith v.
Cahoon, 283 U.S. 553, 51 &Cto 582, 75 LEd. 1264 (193!);
Louisville Gas & Elec. Coo v. Coleman, 277 UoS. 32, 48 S.Ct. 423,
72 LEd° 770 (1928).
C. The Classification of Marijuana in Schedute _ of
the CSA is Arbitrary and irrationaL
Marijuana is currently classified as a Schedule I substance
in the CSA, the classification Congress first gave it when the
law was passed ten years ago. See, CSA 202(b), 21 U.S.C.
812(b). The three criteria required for inclusion in Schedule I
are as follows, 21 U.S.C. 812(b)(1):
(A) The drug or other substance has a high
potential for abuse.
(B) The drug or other substance has no currently
accepted medicaJ 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 as heroin,, Substances
Previous ,
Next ,
Return to Index