norml23 - Page 63
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the other substances of abuse, and the present
mar[juana[aws have embittered, confused :and
disillusioned a large segment of this Nation's young
people, including those who do not use any drugs at all.
The marijuana controversy is baffling to the genera[
public and to the parents as well as the young people.
The span of arguments on this drug ranges from
the death penaJty to compXete _egalization of the
drug° The gross ignorance and misundersta_ding
regarding this probEem aggravates it and makes it
worse than it already is.
[t was determined that an authoritative report
from a group of experts on this matter is needed to
provide better understanding with respect to the
substantial dangers associated with this drug°
See also: 116 Cong. Rec. 994 CoL 1 (1970) (remarks of Sen. Mansfield);
ld., at 978 Co[. 1, 993 CoL 2 (remarks of Sen. Dodd); [d., at 33306
Co[. 3 (remarks of Rep. Nelson); _do, at 33654 Co[s. 1-3 (remarks of
Repo Hanna); [do, at 33658 CoJs, 1-2(remarks of Rep. Cohelan); [do, at
33659 Col. 3 (remarks of Rep. Koch).
The second reason why it wou{d be inappropriate to presume that
marijuana should remain in Schedule _ is that counsel for the
government has recently acknowledged that there is no "rational basis
for classifying marijuana in Schedule [. This acknowledgement was made
during final argument, on February 16, 1979, before a three-judge
district court in the D.C. Circuit, NORML v. 8ell, Civil Action No.
73-1897. This case involves a constitutional challenge to the marijuana
prohibition in the CSA as it applies to the private possession and use
for marijuana by adults. NORML sought a decJaratory judgment that the
marijuana prohibition is unconstitutional as applied to such private
possession and use, and an injunction against enforcement of the
statute° The Court found for the defendant. NORML v. Bell 488 F. Supp.
123 (Dist. D.C. 1980).
The Federal Defendants in that suit were represented at final
argument of Nro A[Jan P. NacKinnon, the Justice Department attorney who
has acted as the Defendants' lead counsel° Mr. Mac:Kinnon was also the
lead counsel for DEA and HEW in the most recent NORML v. DEA appeaJ,
and was one of the attorneys representing the government in the two
eadier NORML reschedu[ing appeals, NORML v. Ingersoll, supra, and
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