norml23 - Page 23
Page 23
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The second criterion for placement in ScheduJe l is that
"the drug or other substance has no currently accepted medical
use in treatment in the United States." 21 U.S.C. ;312(b)(1).
By contrast, substances classified in the other schedules of the
Act (Schedules H-V) are all deemed to have "currently accepted
medica{ uses" or "currently accepted medicaE uses with severe
restrictions." See, 21 U.SoC. 812(b)(2)o(5); S.RepNo. 91-6t3,
supra, at pgs. t6-1 7; HoR. Rep. No. 91_14.44, supra, at pgs. 4604-05.
it is dear that when the CSA was adopted in t970, marijuana
did not have "currently accepted medica_ uses" in the United
States. However, it is equal}y clear that today marijuana does
have a number of "currently accepted medica_ uses" in this
country, particu[aHy in the treatment of glaucoma and patients
receMng cancer chemotherapy, which have been recognized by laws
recently passed in twenty-four states and by recent actions of
the federal government°
It is important to note that the medical use of marijuana is
not entirely a recent phenomenon° Marijuana has been used as a
medicine for thousands of years. As the Secretary of Health,
Education and Weffare has stated, Narijuana and Health, Fifth
Annual Report, supra, at pgs. 117_1 8:
The therapeutic use of cannabis (marijuana)
predates recorded history. The earliest
written reference is to be found in the
fifteenth century 8.C., Chinese Pharmacopeia,
the Rh-Ya. From the Chinese plateau its use
... spread to India, the Wliddle East and
far beyond...
Cannabis was widely used in painful
conditions _ike neurolgia, gysmenorrhea and
toothache, and its relaxant and euphoriant
properties may weJ[ have been utilized in the
treatment of meJancholia and hysteria.
Because of its purported analgesic effect,
supported by some recent findings, cannabis
also found service in minor operations like
circumcision and boil lancing.
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