vol1 - Page 81
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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)®
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