norml23 - Page 53
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exclusively on the extent of illicit marijuana use in the United States
and ignored the other consideration discussed in the House and Senate
Reports, including the risks of marijuana to the i_dividual and the
HEW's consideration of madjuana's potential for abuse is con-
tained in a single paragraph, 44 Fed. Reg. at 361 25 Cot. 3, and it
focuses solely on statistics indicating that marijuana is a widely used
substance. HEW concludes that marijuana materials have a "well
substantiated" potential for abuse because of their widespread use.
td. Similarly, the DEA decision also cites statistics showing that
marijuana is widely used. 44 Fed. Rego at 36123 Col. 3--36124 Col. 1.
In considering madjuana's potential for abuse, the DEA and HEW made no
findings concerning the effects of marijuana on the user or society,
factors to which both the House and Senate Reports explicitly refer.
See, H.R. Rpt. No. 91-1444, at pgs° 4601-02. See also, Argument,
supra, at pp.
b. Scientific Evidence of Pharmacological Effects
The second factor which must be considered is "scientific evidence
(the substance's) pharmacological effect, if known." Section 201(c)(2)
The House and Senate reports use similar language in describing this
The state of knowledge with respect to the
effects of uses of a specific drug is, of course, a
major consideration, e.g., it is vital to know
whether or not a drug has an hallucinogenic effect
if it is to be controlled because of that effect.
The best available knowledge of the pharmacological
properties of a drug should be considered. H.R.Repo
No. 91-1 444, at pg. 4602; See also, S.Rep. NOo 91-
613, at pg. 15.
The DEA and HEW cmearJy failed to consider the "best available
knowledge" on marijuana's pharmacological effects. HEW's consideration
of this factor is contained in a single paragraph which states that
over eight thousand studies and reports have bee_q published on
marijuana and its derivatives, 44 Fed. Reg. at 36126 Co[. 1, but then
goes on to discuss few limited, individual studies, while ignoring the
major government reports and studies on marijuana issued in the past
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