norml23 - Page 3
Page 3
Previous ,
Next ,
Original Image
Return to Index
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
light...by 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.
I. THE CLASSiFiCATION OF MARUUANA AS A SCHEDULE ! DRUG IS
IRRATIONAL
Previous ,
Next ,
Return to Index