vol1 - Page 308
Page 308
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and efficacy, W_{ In so doinq, DEA ignores the language,
structure and legislative history of t_he CSA. Since the Agency_
_ .... even at this late dater has not enunciated a standard that will
withstand even the slightest judicial scrutiny_ this tribunal is
free to adopt its own interpretation of the phrase Rcurrently
accepted medical use in treatment in the United States. # The
Alliance for Cannabis Therapeutics (#ACT or the Alliance H) urges
the ALJ to adopt its proposed standard -- acceptance by a
respectable minority of the medical community and society in
general _ a standard that comports with the CSA's plain
language, structure and legislative history -- sources the
court ennmerated as appropriate means to correctly
interpret Congressional purpose°
Based upon the evidence presented in this proceedingn
however, marijuana clearly has an #accepted medical use in
treatment _
regardless of what standard is adopted by the ALJ -_
as long as it is rational. _/ Without qu_estion, marijuana is
widely recognized in the medical community as an effective
antiametic and !OP-reducing drug_ Likewise, numerous adequate
and well-controlled studies support this conclusion. Curiously_
DEA ignores this overwhelming body of data and argues that
additional research is necessary to satisfy its standard. So
_/ 828 F.2d 881, 891 (ist Cir. 1987)_
_/ While it is obvious DEA believes marijuana has not satisfied
whatever standard it is trying to enunciate, it is far from cle_
what is necessary to meet that ever-elusive standard. For
examples as discussed, _d1_Y_, DEA demands that scientific
research be conducted in a double-blind randomized manners but
fails to indicate the number of studies required to satisfy its
standard°
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