norml23 - Page 43
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DEA's final decision. See, 44 Fed. Reg. at 36125 CoL 1--36128 Col. 1.
In fact, HEW's report makes up the bulk of DEA's final order.
HEW's report consists of a cover _etter from HEW Secretary
Califano to DEA Administrator Bensinger, see, 44 Fed. Reg. at 36125
Cols. 1-2, and an accompanying memorandum explaining the basis for
HEW's conclusions, see, 44 Fed. Reg. at 36125 Col. 2--36128 COlo 1.
Secretary Califano's cover Jetter recommends that a[[ marijuana
materials remain in Schedule I. 44 FedoRego at 361 25 Col. 2. The
accompanying memorandum concludes that aH marijuana materials could
appropriately be placed in either Schedule [ or Schedule If, but on
balance recommends retention in Schedule !o 44. Fed. Reg. at 36127 Col.
5. The DEA's Final Order
The Administrator of DEA issued his final decision denying the
NORML petition on June 1 4, 1979. It was published in the Federal
Register at 44 Fed. Reg. 36123 et seqo (June 20, 1 979).
The DEA' s decision denied NORML's request to reclassify all
marijuana materials from Schedule to See, 44 Fed. Rego at 36123 Col. 1,
36125 CoL 1. The decision, which was issued only ten days after
receipt of HEW's report and recommendations, re_ies almost entirely on
HEW's report and recommendations. The HEW report makes up the majority
of the DEA's final order, see 44 Fed. Reg. at 36125 Co[. "[--36128 Co[.
1, and for practically a[[ of the findings contained in Sections 201
and 202 of the CSA, the DEA decision merely quotes the statutory
language and refers to the HEW report. See especially, 44 Fed. Reg. at
36124 Cois. 2-3.
The DEA decision was predominantly boilerplateo The only criteria
discussed in any detail was "potential for abuse," and DEA's considera-
tion of this criteria was limited so[ely to a listing of statistics
showing that marijuana is widely used illicitly in this country. 44
Fed. Reg. [ at 36123 Col. 3-36124 Co[. 1°
The DEA decision does not separately consider the four categories
of cannabis materials the Court specified in its prior decision, but
instead considers a confusing and overlapping variety of cannabis
materials. In the "Summary" section at the beginning of the decision,
and the "Conclusion" section at the end, onEy two categories are listed
--"marijuana" an "synthetic THC." See, 44 Fed. Reg. at 36123 CoL 1,
36125 Co[. 1. In the "Findings" section, the DEA _outine[y lumps
synthetic and extracted THC together, 44 Fed. Reg° at 361 24 Co[s. 2-3,
and routinely lumps marijuana and hashish together, 44 Fed. Rego at
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