>>> Part 5 of 28...
     As noted above, the agreed issues are as follows: 
          Principle issue: 
          Whether the marijuana plant, considered as a whole, may 
          lawfully be transferred from Schedule I to Schedule II of 
          the schedules established by the Controlled Substances Act. 
          Subsidiary issues: 
          1.  Whether the marijuana plant has a currently accepted 
              medical use in treatment in the United States, or a 
              currently accepted medical use with severe restrictions. 
          2.  Whether there is a lack of accepted safety for use of 
              the marijuana plant under medical supervision. 
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                                   IV. 
                  STATUTORY REQUIREMENTS FOR SCHEDULING 
     The Act provides (21 U.S.C. Sec. 812(b)) that a drug or other substance
may not be placed in any schedule unless certain specified findings are 
made with respect to it.  The findings required for Schedule I and  
Schedule II are as follows: 
          Schedule I. - 
            (A)  The drug or other substance has a high potential 
          for abuse. 
            (B)  The drug or other substance has no currently accepted 
          medical use in treatment in the United States. 
            (C)  There is a lack of accepted safety for use of the 
          drug or other substance under medical supervision. 
          Schedule II. - 
            (A)  The drug or other substance has a high potential for 
          abuse. 
            (B)  The drug or other substance has a currently accepted 
          medical use in treatment in the United States or a currently 
          accepted medical use with severe restrictions. 
            (C)  Abuse of the drug or other substances [sic] may lead to 
          severe psychological or physical dependence. 
     As noted above the parties have stipulated, for the purpose of this 
proceeding, that marijuana has a high potential for abuse and that abuse  
of it may lead to severe psychological or physical dependence.  Thus the 
dispute between the two sides in this proceeding is narrowed to whether  
or not marijuana has a currently accepted medical use in treatment in the 
United States, and whether or not there is a lack of accepted safety for 
use of marijuana under medical supervision. 
     The issues as framed here contemplate marijuana's being placed only  
in 
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Schedule I or Schedule II.  The criteria for placement in any of the  
other three schedules established by the Act are irrelevant to this  
proceeding. 
                                  - 9 - 
                                    V. 
                    ACCEPTED MEDICAL USE IN TREATMENT 
                              - CHEMOTHERAPY 
     With respect to whether or not marijuana has a "currently accepted 
medical use in treatment in the United States" for chemotherapy patients, 
the record shows the following facts to be uncontroverted. 
Findings Of Fact 
          1.  One of the most serious problems experienced by cancer 
patients undergoing chemotherapy for their cancer is severe nausea and 
vomiting caused by their reaction to the toxic (poisonous) chemicals 
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