FROM : FAIRLAW    PHONE NO. : 215 496 9532    Oct. 30 1998

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
    

Kiyoshi Kuromiya, et al.,     )
                              )
               Plaintiffs,    )
                              )
     v.                       )
                              )
United States of America,     )
                              )
               Defendant.     )
______________________________)
 

Civil Action No. 98-3439 MK

NOTICE OF FILING REGARDING TIME NEEDED TO CONSIDER
COURT'S SETTLEMENT PROPOSAL

    Over 160 named plaintiffs purporting to represent a class of "at least" 97 million people seek to enjoin the enforcement of the provisions of the Controlled Substances Act ("CSA") that regulate the manufacture, distribution, and possession of marijuana.  See First Amended Complaint at 1, 198, 249.  Although defendant believes that plaintiffs' complaint lacks merit and should be dismissed as a matter of law, at the October 21, 1998 conference in this case, this Court proposed that the government consider settling this case.  The Court proposed a settlement under which defendant would agree to establish a "carefully monitored," "scientifically controlled" program that would distribute marijuana to individuals whose medical conditions could be improved by it, and that would provide useful scientific research results that would help decide whether marijuana was medically beneficial or not.  The Court asked counsel for defendant to inform it as to the amount of time defendant would require to consider the Court's proposal.

    Defendant hereby states that it will require at least 60 days to fully and carefully consider the Court's settlement proposal.   This amount of time is needed, in part, to consult with the appropriate management officials within the agencies and divisions of agencies implicated by the proposal.

Dated:     October 27, 1998 Respectfully submitted,

FRANK W. HUNGER
Assistant Attorney General

MICHAEL R. STILES
United States Attorney

ARTHUR R. GOLDBERG

GAIL F. LEVINE
Attorneys
Department of Justice
Civil Division, Room 1028
901 E St., N.W.
Washington, D.C 20530
Tel: (202) 616-8299

Attorneys for Defendant