norml23 - Page 49

 substances in Schedule ai from those in Schedule I.
 However, placement in Schedule J does not appear to
 flow inevitably from lack of a currently accepted
 medical use. Like that of Section 201 (c), the
 structure of Section 202(b) contemplates baEancing
 of medical usefulness along with severat other
 considerations, including potential for abuse and
 danger of dependence. To treat medical use as the
 controlling factor in classification decisions is
 to render irrelevant the other "findings" required
 by Section 202(b). The Jegislative history of the
 CSA indicates that medical use is but one factor to
 be considered, and by no means the most important
 one° (Footnote omitted).
 ldo at 748.
 HEW and DEA also faiied to consider potential medical uses for
 marijuana in the fashion mandated by the Court's prior decision. HEW's
 consideration of medical uses for marijuana materials is contained in
 the following two-sentence paragraph:
 Although THC currently has no currently accepted
 medicat use in treatment in the United States, it
 is being investigated under a number of
 lnvestigational New Drug Applications (INDA) for
 several potential therapeutic uses, Two therapeutic
 uses for which marijuana is currently being
 investigated are: (t) The reduction of intraocular
 pressure in patients with open angle glaucoma; and,
 (2) the control of nausea and vomiting associated
 (sic) with cancer chemotherapy. (Ref. 2) 44 Fed.
 Rego at 36126 CoL 3.
 The reference at the end of this paragraph is to a book published in
 1976, one year before the Court's decision in NORML v. DEA. HEW pro-
 vided no further discussion of potential medical uses° HEW also failed
 to discuss the state laws and state programs being set up to provide
 marijuana for medical purposes°
 The NORML v. DEA decision was emphatic that HEW consider and
 evaluate potential medical uses for marijuana in ,detail In that case,