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National Organization for the Reform of Marijuana Laws (NORML) v. Bell

488 F. Supp. 123 (1980)

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National Organization for the Reform of Marijuana Laws (NORML) v. Bell

United States District Court for the District of Columbia Circuit
488 F. Supp. 123 (1980)

Facts

The Controlled Substances Act (CSA) included five schedules of controlled substances. Schedule I, which included heroin, opium, and marijuana, was the most tightly controlled. Access to Schedule I substances was highly restricted, and the penalties for illegal possession of these substances were severe. Before classifying a drug as Schedule I, the CSA required Congress to consider whether the drug (1) had a high potential for abuse, (2) had no medically accepted use, and (3) was unsafe even if used under medical supervision. In addition to this three-part test, the CSA allowed Congress to consider the state of current knowledge about the drug, the current pattern of abuse, the risk to public health, and the significance of abuse. The CSA also established a procedure by which the attorney general could reclassify or declassify scheduled substances as scientific knowledge advanced. The National Organization for the Reform of Marijuana Laws (NORML) (plaintiff) challenged the CSA in district court, seeking a declaratory judgment that the CSA’s prohibition of marijuana use and possession was unconstitutional. NORML argued, among other things, that inclusion of marijuana in Schedule I was impermissible because marijuana did not satisfy the Schedule I criteria.

Rule of Law

Issue

Holding and Reasoning (Tamm, J.)

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Casebooks

Food and Drug Law

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