norml09 - Page 25
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Drugs recognized under the FD(_ for research use only,
not for use in treatment, such as alphacetylmethadol and
marijuana, were placed by Congress into Schedule I.
Unfortunately, Federal records are not complete enough
to do a comprehensive mathematical mapping, tracing every
drug in the initial Controlled Substances Act schedules back
to its legal status under the FDCA° Nevertheless,
determining legislative intent does not require mathematical
certainty. Probability based on circumstantial evidences on
samplings, and on inductive reasoning can sufficer
especially when there is nowhere else to turn.
The pattern of initial scheduling of drugs in the
Controlled Substances Acts viewed in light of the prior
legal status of these drugs under the FDCA_ convinces me
that Congress equated the term "currently accepted medical
use in treatment in the United States" as used in the
Controlled Substances Act with the core FDCA standards for
acceptance of drugs for medical use°
This is not to say that every FDCA requirement for
GRASE status, or for NDA approvals is pertinent to
scheduling determinations under the Controlled Substances
Act+ There are differences° But the core FDCA criteria
appear to have guided the Congress in the decisions it made
concerning the initial scheduling of drugs in the Act+
These same core FDCA criteria served as the basis for
an eight_point test used by my predecessor as Administrator
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