norml23 - Page 59

 be cKassified as '°a currently accepted medical use
 with severe restrictions" within the meaning of the
 second criterion for Schedule H. That is a
 plausible interpretation of that criterion, but its
 appropriateness is not free from doubt° Corn
 sequently, the substances fit more readily into
 Schedule L (Emphasis in odginaO.
 This finding contains even less detail and information that was
 contained in the letter from Dro Cooper which NORML v. DEA found
 inadequate. At the very least, HEW shoumd have expanded on its somewhat
 cryptic reasoning°
 More importantly, the finding ignores important developments at
 the state level involving therapeutic uses of marijuana. In the past
 four years, thirty-two state Begislatures have p;_ssedqegisiation
 authorizing the use of marijuana for therapeutic purposes without
 waiting for the federal government to act. This is nearly a 100 %
 increase since 1 979. (See Argument supra at pp )
 HEW's second reason for recommending Schedule I over Schedule II
 involved the criterion for a Schedule I substance that: "There is a
 Iack of accepted safety for use of the drug or other substance under
 medical supervision°" Section 20t(b)(1)(C). The comparable finding for
 a Schedule H substance is that: "Abuse of the drug or other substance
 may lead to severe psychological or physical dependence." Section
 201 (b)(2)(C).
 HEW reasoned that there was a lack of accepted safety for use of
 marijuana under medical supervision because the THC content of
 different marijuana plant materials varies:
 The variability of THC content in natural
 plant materials renders cannabis plant, resin,
 leaves and seed inappropriate substances for
 precise scientific investigation. Consequentgy,
 there is an lack of accepted safety" associated
 with use of cannabis plant, resin, Jeaves and seed
 "under medical supervision, n 4.4. Fed. Rego at 36126
 Col. 2. (Emphasis in originaL)
 As pointed out above, this finding ignores the fact hat HEW and
 other federal agencies provide marijuana cigarettes and synthetic THC
 to a number of patients and researchers around the country, in addition