norml23 - Page 36

 Section 20l(b), 21 UoS.Co Sec. 811 (b), provides that the Attorney
 GeneraJ, after receiving a petition to reschedu[e a substance, must re-
 quest from the Secretary of HEW:
 ...a scientific and medicare evaBuation (of the sub-
 stance), and his recommendations, as to whether the
 drug or other substance should be controlled or
 removed as a contro[Ued substance .... The
 recommendations of the Secretary to the Attorney
 General shall be finding on the Attorney General as
 to such scientific and medicat matters, and if the
 Secretary recommends that a drug or other substance
 not be controlled, the Attorney General sha_[ not
 control the drug or other substance.
 Section 201(d) contains an exception to this referral procedure,
 stating that if control of a substance is required by treaty
 obligations, then the Attorney Genera[ "shall issue an order
 controlling such drug under the schedule he deems most appropriate to
 carry out such obligations .... " The DEA argued in the Court of
 Appeals that since marijuana was controlled by the Single Convention,
 Section 201(d) totaJJy displaced Section 201(a)-(c) procedures,
 authorizing DEA to make scheduling decision without formal referral to
 HEW for findings and recommendations. NORML v. DEA, supra, 559 F.2d at
 743.
 Describing the interpretation of Section 201(d) as "the critica_
 question before the Court," the decision undertook a thorough analysis
 of that section, including a detailed discussion of the legislative
 history° Id., at 744-47° The Court concluded that in Section 201(d)
 "Congress never intended to allow the Attorney Genera[ to displace the
 Secretary (of HEW) whenever any international obligations attach to a
 particular drug -- especiaJ[y in view of the fact that the vast
 majority of substance _isted in the CSA are controlled by treaty.
 Respondent's reading of Section 201(d) would destroy a balance of power
 created by a deliberate and conscientious exercise of the legislative
 process." Jd., at 746.
 The Court: added:
 Our interpretation of Section 201(d) ensures proper
 a[Jocation of decision making responsibility