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Removal of cannabis from Schedule I of the Controlled Substances Act refers to the proposed removal of cannabis from Schedule I of the Controlled Substances Act of the United States, the most tightly-restricted category of drugs, by the United States Congress or the United States Attorney General. Since the early 1970s, cannabis reform advocates (such as the National Organization for the Reform of Marijuana Laws, or NORML) and the U.S. Government have been battling over whether to transfer cannabis to a different category that would allow medical use. Rescheduling proponents argue that cannabis does not meet the Controlled Substances Act's strict criteria for placement in Schedule I, and therefore the Government is required by Law either to permit medical use or to remove the drug from federal control altogether.
The Government claims that cannabis is, in fact, dangerous enough to merit Schedule I status. The dispute is based on differing views on how the Act should be interpreted and what kinds of scientific evidence are most relevant to the rescheduling decision. The Controlled Substances Act provides a process for rescheduling controlled substances by petitioning the Drug Enforcement Administration.
The first petition under this process was filed in 1972 to allow cannabis to be legally prescribed by physicians. The petition was ultimately denied after 22 years of court challenges, although a pill form of cannabis' psychoactive ingredient, THC, was rescheduled in 1985 to allow prescription under schedule II. In 1999 it was again rescheduled to allow prescription under schedule III.
A second petition, based on claims related to clinical studies, was denied in 2001. The most recent rescheduling petition was filed by medical cannabis advocates in 2002. Currently 14 U.S. states have legalized the use of medical marijuana, and hemp products are sold widely in the U.S. today.
Schedule I is the only category of controlled substances that may not be prescribed by a physician. Under 21 U.S.C. § 812b, drugs must meet three criteria in order to be placed in Schedule I: In 1970, Congress placed cannabis into Schedule I on the advice of Assistant Secretary of Health Roger O. Egeberg.
His letter to Harley O. Staggers, Chairman of the House Committee on Interstate and Foreign Commerce, indicates that the classification was intended to be provisional:
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