norml23 - Page 79
Page 79
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The analysis above puts defendant's claims in the instant case in
perspective. He is raising the argument that the Schedule [
cQassification of marijuana was initially improper, or is no Eonger
rational. The defendant also argues that the Administrator of the DEA
has failed to follow the statutori[y prescribed procedures regarding
recJassification, has failed to proper_y consider a lawful pet}tion of
NORML regarding reclassification and has failed to reclassify marijuana
in dereliction of the discretion invested in him by Congress. if this
court does not find that the showing made here is sufficient to show a
gross abuse of discretion, defendant seeks leave of the court to
require the Administrator of the DEA to jtJstify his refusal to exercise
his statutory mandate to reconsider the cJassification of marijuana and
to fait to abide by the statutory procedures of the CSA.
Defendant offers to prove that the Administrator of the DEA has
faiEed to abide by its own procedures and has failed to exercise its
discretion to reclassify marijuana. Defendant offers to prove further
that although research conducted since the enactment of the CSA has
shown the lack of precision of the criteria specified in the statute,
under any definition of relevant criteria the classification of
marijuana in Schedule [ cannot be sustained by substantial scientific
evidence; that is, whether marijuana's harmfut and beneficial
propel-ties are analyzed in isolation, or whether, instead, the effects
of the substance are compared with the harmful and beneficial
properties of controlled substances in Schedules II, _[I, iV or V, the
weight of scientific evidence does not support the proposition that
marijuana is validly classified in Schedule _. Cf., Industria_ Union
department, supra, where the Court heJd that although an agency
administering a statute in which difficult technica_ and scientific
questions play a pivotal part is not constrained by a mathematical
strait-jacket, n nor required to support its findings "with anything
approaching scientific certainty," the agency bears the burden to
establish that its findings and policies "are supported by a body of
reputable scientific thought°" 100 S.Cto at 2870. The report "An
Analysis of Marijuana Policy" (June 1982) prepared by the National
Research CounciPs Committee reached these and other concJusions:
For the last decade, concern with heatth
hazards attributable to marijuana has been rising°
The hearts, lungs, reproductive functions, and
mental abilities of children have been reported to
be threatened by marijuana, and such threat.,; are
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