norml23 - Page 57
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physically addictive or psychologically habit forming, if such
information is known." HoR.Repo No. 91-i444 at pg, 4603; S°Rep. No.
91-613 at pg. !6o
HEW concluded that "no convincing evidence exists to suggest that
abuse of natural marijuana plant materials leads 1:o severe
psychological or physical dependence." 44 Fed. Rego at 36126 Col. 2.
This finding was adopted by reference in the DEA finaI decision. 44
Fed. Reg. at 36124
h. Immediate Precursor
The last factor which must be considered under Section 201 (c) is
"whether the substance is an immediate precursor of a substance already
controlled by this title." Section 201(c)(8). The House and Senate
Reports state that this factor "allows inclusion of immediate
precursors on this basis alone into the appropriate schedule and thus
safeguards against possibilities of clandestine manufacture." H.R.Rep.
No. 91-I444 at pg. 4603; S.Repo No. 91-613 at pg. 16o See also, CSA
Sec. 201 (e), 21 U.S.C. Sec° 8t 1 (e).
HEW found that "marijuana is a natural substance from which THC
and other cannabinoids are derived, n 44 Fed. Reg. at 36126 Col. 2. This
was adopted by reference by the DEA. 44 Fed. Rego at 36124 Col. 2. It
would be useful for HEW to clarify this statement: by indicating that
natural THC can be derived from marijuana plant materials, but
synthetic THC is produced from chemicals in a laboratory, where the THC
molecule is "engineered." Marijuana is not a precursor of synthetic
3. HEW Had Misinterpreted And Misapplied The
Criteria For Scheduling in Section 202(b)
Of The CSA
Section 202(b) of the CSA sets forth the criteria for including
substances in the Act's five Schedules. These criteria are set out ver-
batim on page 28 above, and relate generamly to the substance's
potentia for abuse, medical uses, and dependence liabilityo
HEW considered the Section 202(b) criteria for scheduling at the
conclusion of its report on marijuana. See, 44 Fed. Reg. at 36127 Cols.
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