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 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 US. 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 US. 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




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