norml02 - Page 43
Page 43
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I
I research to find safe and effective treatment and cures for the
debilitating illnesses that the petitioners would treat with
marijuana° The Administrator shares petitioners' compassion for
I those who suffer from these illnesses and are so desperate to
find relief° This compassion, however, does not justify
transferring the marijuana plant to Schedule II of the Controlled
I Substances Act in order to make marijuana available by
prescription or to promote scientific research when there is no
I reliable scientific data as to marijuana's chemistry and no
reliable data or consensus among experts as to its effectiveness
i in treating these illnesses. Moreover, research into the alleged
medical uses of marijuana may still continue under restricted
conditions if marijuana remains in Schedule I.
The Administrator correctly interpreted the statutory standard
to require a demonstration of '_currently accepted medical use"
i
and reasonably found the requirement was not satisfied by the
evidence presented° The Administrator's interpretation of the
statutory standard is consistent with the legislative intent as
reflected in the plain language of the statute. The record
reflects that the Administrator properly evaluated the evidence
presented by petitioners and found it ins<_fficient to show that
marijuana has a currently accepted medical use in treatment in
the United States. The Administrator's i!inding that no currently
accepted medical use had been demonstrated is amply supported and
neither arbitrary nor capricious.
37
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