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 UNITED STATES DISTRICT COURT
 FOR THE DISTRICT OF MARYLAND
 UNITED STATES OF AMERmCA
 v. : Cdminat No. 93-0391
 WILLIAM JOHN TROY, HI
 CHRISTOPHER JOSEPH ECKER
 ROBERT RALPH HERMESCH
 Accused.
 This memorandum is submitted in support of defendant's
 motion to dismiss the indictment and for an evidentiary hearing.
 The defendant's argument is that the classification of marijuana
 in the FederaJ Controlled Substance Act ("CSA"), 21 U.S.C. 801
 et seq., is arbitrary and irrational, denying the defendant due
 process and equal protection of the maw, in violation of the
 Fifth Amendment to the United States Constitution° The defendant
 further argues that the Attorney GeneraJ and his deiegee, the
 Administrator of the Drug Enforcement Administration ("DEA") have
 failed to abide by the procedures required by the CSA, and in
 refusing to reclassify marijuana from its odginal Schedule 1
 classification, have abused discretion under the CSA.
 SUMMARY OF ARGUMENT
 The memorandum first discusses the several court decisions
 which have declared marijuana laws unconstitutional on ground
 similar to those raised in this case. The memorandum next
 focuses on the applicable constitutional standard which should be
 applied by this court.
 The memorandum then turns to defendant's argument that
 marijuana is misdassified as a Schedule l substance in the CSA,
 Marijuana does not satisfy any of the three criteria for control
 in Schedule L There are a number of '°'currently accepted medical