norml10 - Page 4
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_,,_',_g_?-5007 t:q:,r o 96 9: _2:52 No.OO5 P.04
_16 PEILiCY FOUNDRTIOi4 TEL:zu__ .... " ....
States or a currently accepted med:cai use with
(C} Abuse of the drug or other substance may lead
to severe psychological or physical dependence.
21 U.S.C. § 812(b)(2).
As is apparent_ one salient concept distinguishing tile _.
two schedules is whether a drug has "no currently I
.:acceiated medical use in _creattaent in the Unk. ed States."
This case turns on the appropriate definition and applica-
tion of that phrase°
The Administrator is guided by a set of statutory fac-
tors in making a classification decision as to which sched-
ule is appropriate. See 21 U.S.C. § 811. And two of those
factors bear on the Administrator's definition of generally
accepted medical use--the "scientific evidence of [the
drag's] pharmacological et_%ct, if known" and "the state
of current scientific knowledge regarding the drug or other
substance." 21 U.SoC. § 811(e}(2}, (3).
Petitioners argued below _hat marijuana has medical
uses for the treatment of cancer, glaucoma, and other dis-
eases and therefore it cannot properly be maintained in
Schedule 1. The ALJ agreed with petitioners and found,
based on testimony of a number of phys;icians and
patients, that a "respectable minority" of American physi-
cians accept those uses, which was s_tticient, according to
the ALJ, to say that marijuana had a currently accepted
medical use. The Administrator rejected the AI.A's recom-
mendation, however, det.ermining that ti_e phrase
"currently accepted medicM use" required a greater show-
ing than that a minority--even a respectable minorh,y_
of physicians accept the usefulness of a given drug.
tn a prior proceeding, the Administrator had employed
an additional eight factor test, to further elaborate the
characteristics of a drug that he thought had a "currently
accepted medical use":
(I) Scientifically determined and accepted knowledge
of its chemistry;
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