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 _pr 26 Oil t2:5_ I40.005 P.05
 (2) The toxicology and pharmacology of the sub-
 s_)ce m animals;
 (3) Establishment of its effectiveness in humans
 through scientificaJly desig_ed clinical trials;
 (4) Geherat availability of _,he substance and informa-
 tion regarding the subst,ance and its use;
 .(5) Recogni{ion of its clinical t_se in generally
 accepted pharmacopeia, medicat refere_ces, journals
 or textbooks;
 (6) Specific indications lbr the treat, ment of reeog-
 _ized disorders;
 (7) Recognition of she use of the subst, ance by organi-
 zations or associations of physician, s; and
 (8) Reeognitio_ and use of the substance by a sub-
 stantial segment of _he medical prac˘itioners in the
 United States.
 53 Fed. Reg. 5,I56 (1988).
 The Admi_istrator, in his opinion in this proceeding,
 reaffirmed this eight factor test. See 54 Fed. Reg. 53,783.
 He s_:ated that "'these characteristics rely heavily on verifi-
 able scientific data and acceptance by the medical
 communiG," which he thought went "hand in hand"
 because _'[m]os_ physicians ... rely on scientific data in
 %rmulating their opinions regarding the safeW and effec-
 tiveness of a drug .... "54 Fed° Reg. 53,783 (1988):
 Most import.ant to the Administrat. or was his conclu-
 sion that, '_he chemistry, toxicology, and pharmacology of
 marijuana is not, established" and its effectiveness has not
 been documented _r_ humans wif_h scientifically-designed
 clinical trials (such as double-blind studies where neither
 the patient nor the observer knows who received the pta-
 cebo and who received the actual substance). Ido at 53,784.
 Therefore, "[_lhe vast majority of physicist, s do not
 accept marijuar_a as having a medical use" and it is "not
 recognized as medicine in generally accepted pharmaco-
 poeia, medical re%re_ces, journals, or textbooks." Id. The

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