vol1 - Page 336
Page 336
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The Alliance does not view nsafety _ as an issue in
marijuana's classification at Schedule IIo The statute does not
call for a separate determination on this issuer but assumes that
when a substance acquires an maccepted :medical use in treatment _
one of the elements in that dete_ination _o reached by
physicians and patients -- is that the substance can be safely
employed within the context of therapy.
DEA_ however_ in seeking to maintain marijuana_s
Schedule I classification, has an affil_native obligation to
demonstrate marijuana is Hunsafe for use under medical
supervision o #9//
The record overwhelmingly demonstrates that marijuanas
while not a Wperfect# drug t may be safely used with medical
........ supervision. It is equally clear DEA has failed to factually
sustain its position that marijuana is _unsafe for use under
medical supervision x and the Agency musts therefore_ reschedule
marijuana to Schedule XI_
_/ DEA Brief at 94 quoting GrinsDoo_ v_:
The CSA clearly provides that a substance may
not be placed in Schedule I unless it lacks
a _currently accepted medical use in
treatment in the United States # and Haccepted
safety for use . _ . under medical
supervision°n 828 F.2d at 887_ 0Q[_ ˘ _'
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