norml23 - Page 49
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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,
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