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 full range of scheduling options indicated by the Court.
 HEW states that its "final reason for preferring Schedule I is
 that Congress itself placed marijuana in Schedule I. Therefore, in our
 view the arguments for pJacement in Schedule I[ must be stronger than
 those for placement in Schedute _ to justify placement in Schedule _1."
 44 Fed. Reg. at 36127 Co[. 3. HEW has, in fact, created a presumption
 that each controlled substance should remain in the schedule Congress
 initially c_assified it in.
 Defendant has found no justification for this presumption in the
 legislative history of the CSA, and the entire scheme of the Act
 militates against such a view. The Act requires a series of findings to
 be made about a substance, and then on the basis: of these findings a
 decision is made on which Schedule the substance most appropriately
 fits into. This involves balancing a number of considerations and
 factors, based upon the best information available at the time. It
 would not be consistent with this scheme to believe that Congress in-
 tended that its placement of a substance in I970 would forever remain
 the presumed correct classification°
 There are two additional reasons, unique to marUuana, which
 indicate that there can be no presumption that it must remain in Sche-
 dule 1. First, when Congress origina[Jy passed the CSA, it clearly
 indicated that there was a substantial question on how to classify
 marijuana, and the classification in Schedule _ was intended as a temp-
 orary measure, pending the completion of a number of reports, including
 the report of the National Commission on Marijuana and Drug Abuse,
 which was created in the CSA to answer these unresolved questions.
 H.R. Rep. No. 91-14.44 states at pages 4578-79:
 In the bill as recommended by the
 administration and as reported by the committee,
 marijuana is listed under schedule [, as subject to
 the most stringent controls under the bill, except:
 that criminal penalties applicable to marijuana
 offenses are those for offenses involving
 non-narcotic controlled substances.
 The committee requested recommendations from
 the Department of Health, Education and Welfare
 concerning the appropriate location of marijuana in
 the schedules of the bill, and by letter of August
 14, 1970 printed in this report under the heading

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