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                               CONCLUSION
                                  AND
                          RECOMMENDED DECISION
     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 II.  The Judge realizes
that strong emotions are aroused on both sides of any discussion 
concerning the use of marijuana.  Nonetheless it is essential for this 
Agency, and its Administrator, calmly and dispassionately to review the 
evidence of record, correctly apply the law, and act accordingly.
     Marijuana can be harmful.  Marijuana is abused.  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 physicians in proper cases, 
despite their abuse potential.
     Transferring marijuana from Schedule I to Schedule II will not, of 
course, make it immediately available in pharmacies throughout the 
country for legitimate use in treatment.  Other government authorities, 
Federal and State, will doubtless have to act before that might occur.  
But this Agency is not charged with responsibility, or given authority, 
over the myriad other regulatory decisions that may be required before 
marijuana can actually be legally available.  This Agency is charged 
merely with determining the placement of marijuana pursuant to the 
provisions of the Act.  Under our system of laws the responsibilities of 
other regulatory bodies are the concerns of those bodies, not of this 
Agency,
     There are those who, in all sincerity, argue that the transfer of 
marijuana
                                 - 67 -
to Schedule II will "send a signal" that marijuana is "OK" generally for 
recreational use.  This argument is specious.  It presents no valid 
reason for refraining from taking an action required by law in light of 
the evidence.  If marijuana should be placed in Schedule II, in obedience 
to the law, then that is where marijuana should be placed, regardless of 
misinterpretation of the placement by some.  The reasons for the 
placement can, and should, be clearly explained at the time the action is 
taken.  The fear of sending such a signal cannot be permitted to override 
the legitimate need, amply demonstrated in this record, of countless 
suffers for the relief marijuana can provide when prescribed by a 
physician in a legitimate case.
     The evidence in this record clearly shows that marijuana has been 
accepted as capable of relieving the distress of great numbers of very 
ill people, and doing so with safety under medical supervision.  It would 
be unreasonable, arbitrary and capricious for DEA to continue to stand 
between those sufferers and the benefits of this substance in light of 
the evidence in this record.
     The administrative law judge recommends that the Administrator 
conclude that the marijuana plant considered as a whole has a currently 
accepted medical use in treatment in the United States, that there is no 
lack of accepted safety for use of it under medical supervision and that 
it may lawfully be transferred from Schedule I to Schedule II.  The judge 
recommends that the Administrator transfer marijuana from Schedule I to 
Schedule II.
Dated: SEP 6 1988
                                      Francis L. Young
                                      Administrative Law Judge
                                - 68 -
                          CERTIFICATE OF SERVICE
     This is to certify that the undersigned on SEP 6 1988, caused a copy 
of the foregoing to be delivered to
                          Madeleine R. Shirley, Esq.
                          Office of Chief Counsel
                          Drug Enforcement Administration
                          1405 I Street, N.W.
                          Washington, D.C. 20537
and caused a copy to be mailed, postage paid, to each of the following:
National Organization for the              Carl Eric Olsen
 Reform of Marijuana Laws                  Post Office Box 5034
Attn: Kevin B. Zeese, Esq.                 Des Moines, Iowa 50306
Zwerling, Mark, Ginsberg and Lieberman, P.C.
1001 Duke Street                           Cannabis Corporation of
Alexandria, Virginia 22313                  America
                                           Attn: Laurence O. McKinney
National Federation of Parents             President
 for Drug-Free Youth                       c/o McKinney & Company
Attn: Karl Bernstein                       881 Massachusetts Avenue
Vice President                             Cambridge, Massachusetts 02139
8730 Georgia Avenue
Suite 200                                  International Association of
Silver Spring, Maryland 20910               Chiefs of Police
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