vol1 - Page 368
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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