vol2 - Page 73
Page 73
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IXo
C ONC LUS I ON
AND
RECOMMENDED OECISION
Based upon the foregoing facts and reasoning, the administrative law judge
concludes that the provisions of the Act permit and require the transfer of
marijuana from Schedule I to Schedule If, The judoe realizes that strong
emotions are aroused on both sides of any dlscussi()n concerning the use of
n._r_juana, llonetheless it Is essential for this Agency, and its Administrator,
calmly and dispassionately to review the evidence of record, correctly apply the
law, and act accorc_Ingly.
Marijuana can be ha_ful. Marijua.na is abusecio But the same is true of
dozens of drugs or substances which are listed in :Schedule II so that they can
be employed in treatment by physlclan.s in proper c_ses, despite theiroabuse
poteni al.
Transferring n_arijuana from Schedule I to Schedule If will not, of course,
:i make it In_ediately available in phar_acles throughout the country for legiti_
mate use in treat_nt. Other government authorlti_s, Federal and State, v_i_l
doubtless have to act before that mlght occur. But this Agency is not charged
with responsibility, or given authority, over the _yrlad other regulatory
decisions that may be requlred before marijuana can actually be legallj6 av_il--
able. lllis _genc_ is cohF_r_._-:_l_0 _ deter_rinf_g_'the plec_n_nt of marijuana
(k pursuant to the provisions of the Act. Under our system of laws the responsi-
bilities of other regulatory bodies are the concerns of those bodies, not of
this Agency.
,,_. :) There are these whoa in all sincerety, argue that the transfer of marijuana
C C)"
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