norml02 - Page 41
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assertions, however_ the Administrator did not improperly dismiss
U evidence of marijuana's safety. Firsts petitioners do not
contest the Administrator's findings regarding the dangers posed
l by marijuana inhalation° These dangers includes among others_
lung damage, sudden drops in blood pressures weakening of the
l immune system and bacterial infection. See Final Order II, 57
U Fed. Reg_ at 10,500_ More importantly_ however, the
Administrator concluded that evidence of a drug's safety is
i relevant only within the context of the druges effectiveness
a conclusion based on a reasonable interpretation of the
i statutory standard.
As the Administrator observes, although "the existence of
adequate safety tests is a separate analytical question, the
I ultimate determination of whether a drug is safe for a specific
use is not a distinct issue, e' See 57 Fed. Reg. at i0,504 (citing
I United States v. Rutherford, 442 U.S. 544, 555 (1979)
t (interpreting the FDCA to mean that _a drug [is] safe when the
expected therapeutic gain justifies the risk entailed by its use _
i and that effectiveness is measured by _'objective indicesH)). The
statutory language, "accepted safety fo_ use under medical
I supervision, _' 21 U.S.C. 812(b) (1988), necessarily contemplates
such use only in the context of treating a specific disorder°
l The Administrator maintains that marijuana is a dangerous
drug. But even assuming that were not so, separating the
question of safety from the question of effectiveness could
permit the transfer of a drug with a high potential for abuse
_5
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