norml23 - Page 65
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physicians, and patients. This aspect of a reschedu[ing decision cannot
be ignored. At least one expert has stated:
Based on my experience, knowledge and
observations, I believe that madjuana's present
classification as a Schedule I drug is a major
factor in discouraging research and in preventing
medical access to the drug. It is my belief that
this classification is causing irreparable harm to
NORML members and members of the public at large.
Affidavit of Alice Mo O'Leary, filed in NORML w DEA.
The difficulties which researchers and physicians have in
obtaining marijuana because of its classification in Schedule I of the
CSA were discussed at both CSAC meetings by witnesses and members of
the Committee. See, Transcript of November 16, 1977 meeting, remarks of
Committee member Dro Chades R. Schuster (at pgso .1 07-8, 127); remarks
of Committee member Dr. E. Leong Way (at pgs. 143-44); remarks of Dr.
Richard Ciout, Director of FDA's Bureau of Drugs (at pgs. 31,35);
and remarks of Tom Collier, counsel for Robert Randall (at pgs. 48°49)
HEW states that "FDA and other units of the Department have
already acted to facilitate research with these-substances by other
means," 44 Fed. Reg. at 36127 CoL 3, but HEW provides no support for
this statement° The O'Leary Affidavit indicates that FDA and other
federal agencies are major impediments to obtaining access to
marijuana, citing the findings contained in a number of the state
marijuana laws and reports by state agencies. Id., at pgs. 3-6, 9-1 i.
It should also be emphasized that the federal agencies have not
rejected the NORML petition three times without making the findings
Congress required° C_eafly, the DEA has grossly abused its discretion.
Finally, defendant would note that HEW's findings on Section
202(b) totally ignored the criteria relative to "potential for abuse."
This Js the first criterion of each of the five ScheduJes, and it was
describod as "a key criterion for controlling a substance" in the House
Report, H.R. Rep. No. 91_t444 at P9o 4601o HEW's findings on
marijuana's "potential for abuse" were limited to :Section 201(c), but
additional findings must be made under Section 202(b). In making these
findings, HEW should have consulted the reports and studies referred to
above, and should have evaluated "potential for abuse" in terms of
risks to the individual and society°
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