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 General to move drugs between one schedune or another° As Mr.
 Ingersoll explained in his testimony introducing the Controlled
 Substances Act:
 Perhaps the greatest advantage to this
 approach is that drugs may be moved from one
 schedule to another as scientific information
 and law enforcement problems come to giving the Attorney General this
 discretion, the congress wilJ permit a quk;k
 response to the ever-changing drug problem
 based upon relative harm and relative abuse
 potentia_ of existing drugs and newly
 discovered drugs.
 Testimony of John ingersoll before the Subcommittee to
 Investigate Juvenile Delinquency on the Committee of the
 Judiciary, September I S, 1 969, at po 21 4.
 Thus, the CSA was set up to be fair, scientific:, and
 flexibJe. Simply put, it is defendants' contention that there is
 some amount of unfairness, and/or some amount of irrationality,
 and/or some amount of refusal of the Attorney General, or his
 delegee, to exercise the vast discretion vested irl him, which
 wilm deny basic protections of due process to any person charged
 with violating the Act's provision, or subjected to one of its
 widely varying sanctions. As is more particulaHy described in
 the Sections which follow, and in the detailed off:er of proof
 incorporated in this motion, defendant can show that the
 administrator of the DEA, to whom the power to reclassify has
 been delegated, has failed utterly to adopt or abide by any
 criteria for exercising his discretion, has failed to foltow the
 procedures established by the CSA, and with respect to marijuana
 in particular, his abuse of discretion by his nonoaction and
 improper action has improperly resulted in a failure to
 reclassify marijuana as a Schedule li, Schedufe IH, Schedule iV,
 or Schedule V controlled substance.

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