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

497 F.2d 654 (1974)

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

United States Court of Appeals for the District of Columbia Circuit
497 F.2d 654 (1974)

Facts

The National Organization for the Reform of Marijuana Laws (NORML) (plaintiff) petitioned John Ingersoll (defendant), as director of the Bureau of Narcotics and Dangerous Drugs (the bureau) to remove marijuana from Schedule I of the Controlled Substances Act (CSA). NORML’s petition asked Ingersoll to completely remove marijuana from the CSA or, in the alternative, to move the drug from Schedule I to Schedule V. Ingersoll interpreted NORML’s petition to request that the entire marijuana plant, including its leaves, flowers, and twigs, be either de-scheduled or transferred to a different schedule within the CSA. Instead of considering the petition on its merits, Ingersoll rejected the petition, asserting that he could not change the legal status of marijuana without violating the Single Convention on Narcotic Drugs of 1961 (the treaty). NORML petitioned the United States Court of Appeals for the District of Columbia Circuit to review Ingersoll’s decision.

Rule of Law

Issue

Holding and Reasoning (Leventhal, J.)

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