norml08 - Page 23

 '!/_:::_: A fifth group of drugs was accepted for research use
 only, not for use in treatment of pa_zients. 21 U.S.C.
 355(i) (so-called 'WIND or approved investigational new
 drugs_)o
 Drugs intended for medical use and shipped interstate
 are subject to Federal seizure under the FDCA if they do not
 fit within one of the above accepted sets or groupings. It
 seems fair to say that seizable drugs were rejected by
 Congress for medical uses.
 In enacting the Controlled Substances Act in 1970,
 could Congress have intended to create a totally new Federal
 standard for determining whether drugs have accepted medical
 uses? Or did Congress intend to rely on standards it had
 developed over the prior 64 years under the FDCA? There is
 nothing in the Controlled Substances Acts its legislative
 history, or its purposes that would indicate Congress
 intended to depart radically from existing Federal law.
 Indeed, it seems likely that the core standards
 developed under the FDCA represent a long-term consensus of
 expert medical and scientific opinion concerning when a drug
 should be accepted by anyone as safe and effective for
 medical use.
 Fortunately, there is a way to corroborate what
 Congress intended. Congress did more than just announce
 criteria for scheduling drugs of abuse under the Controlled
 Substances Act; Congress applied those criteria to an
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