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 Brecher, supra, at pg. 209-28.
 As the Supreme Court noted in Morey v. Doud, :354 U.S. 457, 469, 77
 S.Ct. 1344, I L. Ed.2d 1 48,.5, (1957), the critical issue in determining
 the constitutional validity of the exemption is whether or not it is
 rational in view of the statute. The legislative history
 of the CSA demonstrates that the overriding purpose of the Act is to
 controi illegal importation, manufacture, distribution, and possession
 and improper use of substances which "have a substantial and
 detrimental effect on the health and general welfare of the American
 people." 21 U.S.C. 801(2). Clearly, alcohol and tobacco have a
 substantial and detrimentaJ effect on the health and general welfare of
 the American people. Moreover, the elaborate system of classification
 criteria and schedules in the Act demonstrate that it was intended as a
 comprehensive device for control of drugs of abuse. Finally, alcohol
 and tobacco completely futfilm the criteria for inclusion Jn Schedule 1
 of the Act.
 There are other federal regulations governing the importation,
 manufacture, and distribution of amcohol and tobacco. However, an
 aduft may import, manufacture or distribute alcohol or tobacco without
 fear of criminal sanctions merely by complying with the licensing and
 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 subject him to penat sanctions. The
 irrationality and arbitrariness of the exemption provisions are dear:
 persons involved with marijuana, a relatively harmless drug, are
 subject to severe penalties, while persons involved with alcohol and
 tobacco, two very dangerous drugs, are not.
 Rl, THE ATTORNEY GENERAL HAS FAILED TO ABIDE BY THE PROCEDURES
 REQUlRED BY THE CSA IN REFUSING TO RECLASSIFY MARIJUANA.
 A. Factual Background
 Under the terms of the Controlled Substances Act of 1970,
 marijuana was classified as a Schedule I drug. Since that time,
 marijuana has not been reclassified°
 In May of 1972, the Nationai Organization for the Reform of
 Marijuana Laws ("NORML") filed a petition to reclassify marijuana from
 Schedule I of the CSA. The petition was filed with the Justice Depart-