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40 Santa Clara L. Rev. 1137 (1999-2000)
Marijuana as a Schedule I Substance: Political Ploy or Accepted Science

handle is hein.journals/saclr40 and id is 1161 raw text is: COMMENTS

MARIJUANA AS A SCHEDULE I SUBSTANCE:
POLITICAL PLOY OR ACCEPTED SCIENCE?
Annaliese Smith*
I. INTRODUCTION
In 1970, the United States Congress passed its first com-
prehensive prohibitory drug control statute.1 This statute,
known as the Controlled Substances Act (CSA), classifies
substances into five categories based on their medical utility,
abuse potential, and safety of use under medical supervision.
The most restrictive category, known as Schedule I, contains
substances with no currently accepted medical use, high
abuse potential, and a lack of demonstrated safety under
medical supervision.3 Despite disagreement regarding mari-
juana's uses and effects,4 marijuana is a Schedule I sub-
stance.5 This classification is significant because Schedule I
drugs may only be used for research purposes under strict
guidelines.6
Due to the controversial nature of the classification of
marijuana, challenges to its status began soon after enact-
* Articles Editor, Santa Clara Law Review, Volume 40. J.D. candidate,
Santa Clara University School of Law; B.S., University of Michigan.
1. See Comprehensive Drug Abuse Prevention and Control Act of 1970,
Pub. L. No. 91-515, 84 Stat. 1236 (codified as amended in scattered sections of
21 U.S.C.).
2. See Rick J. Strassman, Human Hallucinogenic Drug Research in the
United States: A Present-Day Case History and Review of the Process, 23(1) J.
PSYCHOACTIVE DRUGS 29 (1991).
3. See 21 U.S.C. § 812 (1994).
4. See infra notes 112-13 and accompanying text.
5. See 21 C.F.R. § 1308.11 (1998).
6. See 21 U.S.C. § 823.

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