norml23 - Page 2
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uses" for marijuana, including the treatment of gtaucoma and
cancer patients' recurring chemotherapy, which have now been
recognized by twenty-seven states, in addition, recent
government reports and studies have shown that marijuana does not
have a "high potential for abuse," an@ may be safeEy used under
medical supervision.
"The cJassification of marijuana in Schedute i is also
u_constitutlonal in that mar{juana is irrationa{{y c{assified
with dissimilar and much more dangerous substances, including
heroin and the hallucinogens. In fact, recent evidence
demonstrates that marijuana has a significantJy _ower potential
for abuse than substances classified in Schedules H-IV of the
CSA, including the barbiturates and amphetamines.
The defendant also contends that the Attorney General and
his delegee, the Administrator of the Drug Enforcement
Administration ("DEA"), have failed to abuse by the Controlled
Substances Act ("CSA") and, in refusing to reclassify marijuana
from its original Schedule B cJassification, have abused its
discretion under the CSAo
The megismative history of the Controlled Substances Act,
and particularly the testimony of then Attorney General MitchelR
and then director of the Bureau of Narcotics and Dangerous Drugs
("BNDD") Jntersoll, make dear that the theory and structure of
the Controlled Substance Act was guided by three overriding
principles: First the creation of five tiers of controls
(codified in the give scheduJes of 21 U.S.C. 81 2) 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 penaJties and the appearance of fairness (in
the sense that judges, prosecutors, and the pubmic perceive that
the penalty fits the crime in as many senses of that phrase as
are possible). Second, the stress upon scientific criteria and
constant updating and republishing of the schedules was designed
to insure that the classification and penalty structure was
rational and credible, in the sense that the cJassification of
drugs into one of the various schedules conformec_ to the best
available scientific knowledge as to the relative harmfulness and
benefit of such substance. Third, and in the eyes of the
sponsors of the legislation, the most important feature of the
CSA, was the granting of tetat discretion to the Attorney
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