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:
The drug or other substance has a high potential for
The drug or other substance has no currently
accepted medical use in treatment in the United
There is a lack of accepted safety for use of the
drug or other substance under medical supervision.
In 1970, Congress placed marijuana 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:
Dear Mr. Chairman: In a prior communication,
comments requested by your committee on the
scientific aspects of the drug classification scheme
incorporated in H.R. 18583 were provided. This
communication is concerned with the proposed
classification of marihuana.
It is presently classed in schedule I(C) along with
its active constituents, the tetrahydrocannibinols
and other psychotropic drugs.
Some question has been raised whether the use of
marijuana itself produces "severe psychological or
physical dependence" as required by a schedule I or
even schedule II criterion. Since there is still a
considerable void in our knowledge of the marijuana
and effects of the active drug contained in it, our
recommendation is that marijuana be retained within
schedule I at least until the completion of certain
studies now underway to resolve the issue.
If you have Marijuana Charges in
Charlotte you should contact a lawyer!