Roger O. Egeberg - Marijuana

Marijuana

In 1970, Egeberg introduced an amendment to legislation governing penalties for marijuana offences. The nature of a conviction for possession of marijuana was changed from felony to misdemeanor. The committee reviewing the Controlled Substances Act requested Egeberg's advice on how marijuana should be regulated. After Egeberg wrote to Harley O. Staggers, chairman of the house committee on interstate and foreign commerce, marijuana was temporarily placed in Schedule I, the most tightly-controlled category of drugs. He wrote,

"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 the plant 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 plant and effects of the active drug contained in it, our recommendation is that marihuana be retained within schedule I at least until the completion of certain studies now underway to resolve the issue. If those studies make it appropriate for the Attorney General to change the placement of marihuana to a different schedule, he may do so in accordance with the authority provided under section 201 of the bill."

Egeberg intended for marijuana to remain in Schedule I only until the National Commission on Marihuana and Drug Abuse completed its report. However, Nixon refused to implement the Commission's recommendation that marijuana be legalized. Egeberg's letter has been cited in several petitions for removal of cannabis from Schedule I of the Controlled Substances Act.