vol1 - Page 368

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 should beavailable to patients who had not be able to control
 their spasticity with conventionally=available drugs. I///
 Ignoring the large body of data offered by the
 Alliance, DEA argues that additional research is necessary to
 confirm marijuana's medical utility in the treatment of
 . .... spasticity° Furthert the agency apparently takes the position
 that _accepted medical use with severe restrictions" is a more
 rigorous standard than the #accepted medical use n standard,
 itself. 7_/ DEA offers no support for this postion. 7_/
 The Alliance disagrees with the interpretation offered
 by DEA of Waccepted medical use with severe restrictions, u In
 the contextof an illegal drugs this standard anticipates the
 reluctance of physicians to employ a drug in Schedule ! unless
 conventionally-available treatments have failed. To argue that
 this is a more difficult standard to satisfy is not consistent
 with the phrases plain meaning.
 Finally, since nearly all of the doctors and patients
 who testified in this case regarding marijuana's antispasmodic
 properties employed the drug after unsuccessful use of other
 conventionally-available treatments, rescheduling is also
 important because it will serve public health° By making
 marijuana reasonably available through rescheduling, patients
 173./ ACT Brief at 229.
 i/__/ DEA Brief at 88.
 13__/ In its Brief, DEA cites only an interpretation from FDA
 that appears to assume that the Haccepted medical use with severe
 restrictions _ standard is a less rigorous standard than that of
 the Uaccepted medical use in treatment n requirement°
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