vol1 - Page 81



Page 81 Previous , Next , Original Image
Return to Index

 A
 once rejected by the First Circuits _/ DEA has apparently
 returned to this position in its most recent pronouncement, w/
 B. CURRENTLY ACCEPTED MEDICAL USE
 _N TREATMENT IN THE UNITED STA_
 In order to ciassify marijuana as a Schedule II drug,
 it is_necessary to demonstrate that it has a _currently accepted
 medical use in treatment in the United States m or has a
 Nc_Irrently accepted medical use with severe restrictions. #
 Neither of these phrases is defined by _Ge Controlled Substances
 Act°
 As was discussed briefly_ sup_z_ DEA initially defined
 Hcurrently accepted medical use in trea_nent in the United
 States m as only a drug having NDA approval by FDA. 2_/ After
 this standard was invalidated, DEA, in a recent pronouncement,
 appears,-for all practical purposes, to have readopted the NDA-
 approval prerequisite. _-_/ In order to have a _currentiy accepted
 medical use in treatment in the United States, _ according to the
 _new standard, _ the drug apparently must satisfy all of the
 elements necessary to meet NDA approval for safety and
 23/ @rinspooD v. D1q/_ Enforcgment__A_iD_ 828 Fo2d 881 (Ist
 Cir. 1987). _e_ als_ Na_onal Oraanizath_n for the Reform of
 Mari_uana Laws y_____ru9 E_force_._ 559 F.2d 735, 750 n_65
 (D.C. Cir. 1977) (by refusing NDA approval as prerequisite as a
 demonstration of ma_cepted medical uses).
 .<<_.
 _4/ 53 Fed. Reg. 5156 (1988)o
 __/ 51 Fed° Reg. 36,552 (1986).
 __6/ 53 Fed. Reg. 5156 (1988)®




Previous , Next , Return to Index