norml08 - Page 26
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to describe dregs with currently accepted medical uses.
54 FR 53783 (December 29_ 1989):
1. Scientifically determined and accepted knowledge of its
chemistry;
2. The toxicology and pharmacology of the substance in
animals;
3o Establishment of its effectiveness in humans through
scientifically designed clinical trials;
4. General availability of the substance and information
regarding the substance and its user
5. Recognition of its clinical use in generally accepted
pharmacopeias medical references, journals or
textbooks_
6. Specific indications for the treatment of recognized
disorders;
7. Recognition of the use of the substance by
..... organizations or associations of physicians; and
8. Recognition and use of the substance by a substantial
segment of the medical practitieners in the United
States.
Some uncertainty remains over the precise meaning and
application of parts of this test. Therefore_ the Court of
Appeals for the District of Columbia circuit remanded these
proceedings for a further explanation° In addition to
addressing those parts of the test tlnat concerned the Court
of Appeals_ it would be useful to clarify the entire tests
pinpoint its origins_ and identify wi_ich elements are both
necessary and sufficient to estabiisln a prima facie case of
currently accepted medical use. Thi:s is not an effort to
change the substantive law. The statutory meaning of
./_'_._ currently accepted medical use remains the same as enacted
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