norml23 - Page 54
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few years. These supra, 559 F.2d studies were specifical!y referred
to in NORNIL v. DEA, at 749-50, and in the Memorandum NORML submitted to
the ControLled Substances Advisory Committee meeting of November t6,
1977. The DEA made no separate findings on this factor; it adopted by
reference the HEW findings. 44 Fed. Reg. at 36124 Cot. 2. These
findings are cJeady inadequate.
Co The State of Scientific Knowledge
The third factor which must be considered is "the state of current
scientific evidence regarding the drug or other substance." Section
201(c)(3). The House and Senate Reports state that "criteria (2) and
(3) are closeiy related. However, (2) is primarily interested in
pharmacologica_ effects and (3) dea_s with aH scientific knowJedge
with respect to the substance°" SoRep. No. 91-613 at pg. 15; H.R. Repo
No. 91-1444, at pg. 4602.
HEW did not make separate findings on this third factor, but
combined these findings with the findings on factor two. 44 Fed. Rego
at 36126 CoL 1. DEA adopted these findings by reference° 44 FedoReg.
at 3 61 24 Col. 2.
These findings are inadequate for the same reason the findings
under Section 201(c)(2) were inadequate: failure to consider the most
recent and authoritative reports on marijuana, which were set out in
the NORNL v. DEA decision. The DEA and HEW have considered only a
limited number of narrow studies on marijuana, and have not conducted
the comprehensive review of current knowledge which is required.
nn addition, the DEA and HEW have faiJed to consider at aH the
"promising" findings about potentiaa medical uses for marijuana which
the Court directed them to consider.
d. History and Current Pattern of Abuse
The fourth factor which must be considered is the substance's
"history and current pattern of abuse." Section 201(c)(4)o The House
and Senate Reports state that:
To determine whether or not a drug shouJd be
controlled, it is important to know the pattern of
abuse of that substance, including the social,
economic, and ecological characteristics of the
segments of the population involved in such abuse.
H.R. Rep. No° 91-1444, at pg. 4603; SoRep. No.
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