vol1 - Page 367
Page 367
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DEASs elaborates inarticulate attempt to redefine the
FDCA regulatory concept of _ '
efflcacy into a utopian medical
....... indication for accepted glaucoma therapies is patently
irrational. DEAns fabricated glaucoma _'indication_ m namely,
#retention of visual function _ succeeds in describing the goal o_
therapy_but tells nothing about the nature of the therapy
itself or how marijuana fits into glaucoma treatments
In sums as the Alliance argued in its initial briefs
the evidence presented in this case ovez_helmingly demonstrates
that marijuana has an accepted medical u_se in the reduction of
intraocular pressure, i/21/ DEAFs disingenuous effort to introduce
confusion into the record does not alter' this ultimate cone
clusion. Therefore_ marijuana has satisfied the necessary legal
prerequisite for classification as a Scheduled II drug under the
CSAo
C. SDasticitM
In its initial brief the Alliance asserted that
marijuana has an accepted medical use in the treatment of
spasticityo If the ALJ deems _the widespread acceptance by
patients and doctors as insufficient confirmation of this fact,
the Alliance urged that the drug had at least a _currently
accepted medical use with severe restric_ions_ _ -_ _______ that it
/_7_2/ ACT Brief at 183-184_ 199_204_ physicians accept
marijuana_s medical value; the Courts accept marijuana as a drug
of _medical necessity n _do 191, 206-209; legal organizations
including National Association of Attorneys General (NAAG) /_d.
at 209, the American Bar Association (A_%) 209-210. The Nations7
Association of Criminal Defense Lawyers _[NACDL) _. at 209; Many _
State Legislatures, /_. at 210_
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