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 g_nera], off_c_ats whose pr_mary concern is ]a_ enforcement° A large number of
 them have no fear that placing marijuana in Schedule If, thus making it
 .
 available for" legitimate therapy_ will in any way impede existing efforts of law
 enforcemeat authorities to crack down on _llegal drug trafficking.
 • The Act does not specify by whom a drug or substance must be "acCepted
 [for] med_ca_ use in treatment _ inorder to meet the Act's _aceepted_.req.dire -
 ment for placement in Schedule I[. Department of Justice witnesses told the
 Congress during hearings in ]970 preceed'_ng passage of the Act that "the medical
 profession" would make this determ'ination_ that the matter _ou]d be _detecm_ned
 by the medical community." The Deputy Chief Counsel of BNO[), whose office had
 _ritten the bi]| with this ]anguage in it, told the House subcommittee that
 "this basic deteF_ination . o o is not made by any part of the federal, govern-
 nent. It is made by the medical community as to whether or _ot the drug has
 _ed_cal use or doesn't" 7
 No one wou]d seriously contend that these Justice Department _'itnesses
 neant that the ent_re medical community would have to be in agreement on the
 _sefulness of a drug or substance. Seldom, if ever_ do all _awyers agree on a
 _oint of ]awo Seldom, if ever, do all doctors agree on a medical question.
 low many are required here? A majority of 51%? It v_ou]d be unrea]ist#c to
 .tt, empt a plebescite of a]] doctors in the country on such a quest#on every time
 tar_ses, to obtain a majority vote.
 In determining whether a medical procedure utilized by a doctor is
 ctionable as malpractice the courts have adopted the rule that _t _s acceptable
 Drug Abuse Contro'l Amendments - ]970: Hearings on H.R. 1170[ and H.R. "!3743
 Before the Subcommittee_ on Pub]#c Health and We]fare of the House Comm#ttee
 on Interstate-and Foreign Commerce, 9Ist Congress, 2d Sesso 678, 696, 718
 (1970) (Statement of John E. Ingersoll, Oirector, B_O)
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