norml08 - Page 37

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 treatment. I conclude that the general availability of a
 drug is irrelevant to whether it has a currently accepted
 medical use in treatment within the meaning of the
 Controlled Substances Act.
 G. Reqg_qDitio_n inG___enerally_ Accepted Texts Is
 !rre!gvant o
 Point five of the eight_point t_st deals with
 ,_recognition of its clinical use in generally accepted
 pharmacopeia_ medical references, journals or textbooks_ '_
 The listing of a drug in an official compendium is
 sufficient to show its chemistry is scientifically
 established. This appears in my clarification to point one.
 The requirement that infor_ation concerning the chemistry,
 pharmacology_ toxicology and effectiveness of the substance
 be reported, published or otherwise widely available_ is
 explained adequately in revised point four.. To the extent
 the scheduling of a drug directly influences its recognition
 in publications_ this element is subject to the same
 criticism identified by the Court of Appeals concerning
 point four. Therefore_ this should not be treated as a
 distinct requirement_
 H. s_cif_c__co nixed Disorders Are the Referento
 It is impossible to judge the safety and effectiveness
 of a drug except in relation to a specific intended use. A
 drug cannot obtain NDA approval or GRASE status except in
 _ ......... relation to the treatment of a specific, recognized

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