norml23 - Page 45
Page 45
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may be added, transferred or removed from the various classifications.
Section 81 1 of Title 21 confers upon the Attorney General the
authority to control substances which fall under the Act's provisions
by classifying drugs in one or more of the Schedules defined in 81 2.
according to the standards provided in 81 1 and 81 2. Section 81 1 further
provides that subject to certain restrictions not pertinent here, the
Attorney Generai may add a drug to a Schedule or transfer a drug
between Schedules if he finds that the drug has potential for abuse and
that it meets the requirements of one of the Schedules listed in 812.
In addition, the Attorney General must consult with the Secretary
before initiating proceedings to add a drug to any Schedule, and must
be bound by the Secretary's determination that any drug not be
controlled.
Most importantly, 81 i provides in subsection (c) that in making
any finding to control, transfer, or remove a drug from any Schedule,
the Attorney General sha_l consider eight factor.,;, including its actual
or relative potential for abuse; the scientific evidence of its pharma-
cological effects, if known; the state of current scientific knowledge
regarding the drug; its history and current pattern of abuse; the
scope, duration and significance of abuse; what risk, if any, the drug
provides to the public health; its psychic or physiological dependence
liability; and whether the substance is an immedi;ate precursor of a
substance already controtied. The House report transmitting the bill
to the President takes special care to note that the factors _isted
above do not require specific findings be made with respect to control
or removal,from any Schedule, but merely directs that the factors be
considered in making findings required for control
Finally, 81 1 permits the Attorney General the Schedules, but does
not proscribe, nor in any way restrict the manner in which this
discretion is to be exercised.
Section 8t2 of Title 21 then sets out five Sclnedumes for
controlled substances, defined in terms of a descending order of
perceived risk. Thus, Schedule I contains drugs with a high potential
for abuse, no currently accepted medicaf use, and a lack of accepted
safety for use of the drug under medical supervision. Schedule i drugs
also require a high potential for abuse, but have a currently accepted
medical use and present the possibility that abuse of the drug may lead
to severe psychological or physical dependence° ScheduEe lID drugs
have a lower potential for abuse than Schedules l and II, together with
a currently accepted medical use and a moderate or Jow physical
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