norml23 - Page 55
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91-613, atpg° 15.
HEW's consideration of this factor is contained in a short
paragraph which cites a number of statistics indicating that about 36
million Americans have tried marijuana and that marijuana use is most
heavily concentrated in the 18-25 year range° 44 Fed. Reg. at 36125 Co[.
3. DEA expands on these statistics with additional statistics
indicating the widespread use of marijuana in America. 44 FedoReg. at
36123 Col. 3-36124 Co[. !.
However, nowhere do DEA or HEW make any findings on the n social,
economic, and ecologicaJ characteristics" of mari iuana users, which the
House and Senate Reports require, in addition, no attempt is made to
distinguish between the scope of marijuana use (which the DEA focuses
on) and the scope of marijuana abuse.
e. Scope and Significance of Abuse
The fifth factor which must be considered is the "scope, duration
and significance of abuse: of the substance." Section 201(c)(5). The
House and Senate Reports state that:
In evaluating existing abuse, not only must
the Attorney Genera[ know the pattern of abuse, but
he must know whether it is a passing fad, or
whether it is a significant chronic abuse problem
like heroin addiction. In reaching his decision,
the Attorney General should consider the economics
of regulation and enforcement attendant to such a
decision. In addition, he should be aware of the
social significance and impact of such a decision
upon those peopJe, especially the young, that would
be affected by it.
H.R.Rep. No. 91-1444 at pg. 4603; &Rep. No. 91613 at pgs. 1 5-16.
As indicated above, the DEA's consideration of the "abuse" of
marijuana focused only on statistics concerning the prevalence of use.
See, 44 Fed. Reg. at 36123 CoL 3, 35125 CoL 3. The DEA failed to
consider the "significance" of abuse, to distinguish between use and
abuse, or to consider the other criteria specified in the House and
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