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 During the NDA process, the FDA may reach out to the
 expert community for its views° 21 CFR 314oi03(c) (3)_ The
 FDA need not determine that a drug is generally known and
 accepted by the expert community. Nor must the FDA develop
 a censensus of opinion among outside experts. The FDA has
 both the experts and the statutory mandate to resolve
 conflicts over the safety and efficacy of new drugs.
 Weinberq__ v. Bent_______aceuticals Inc._ 412 U.S. 638,
 653 (1973) o
 In drafting the Controlled Substances Act, Congress
 appears to have accommodated_ rather than chosen from these
 different FDCA standards. Clearly_ the Controlled
 Substances Act does not authorize the Attorney General, nor
 by delegation the DEA Administrators to make the ultimate
 medical and policy decision as to %_ether a drug should be
 used as medicine. Instead, he is ]_imited to determining
 whether others accept a drug for medical use° Any other
 constzn/ction would have the effect of reading the word
 _accepted _' out of the statutory standard. Since Congress
 recognized NDA_approved drugs as having currently accepted
 medical uses_ without any need for a national consensus of
 experts_ FDA acceptance of a drug through the NDA process
 would seem to satisfy the Controlled Substances Act° And_
 since Congress recognized GRASE drugs as having currently
 accepted medical uses, without the need for NDA approvals

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