vol1 - Page 83
Page 83
Previous ,
Next ,
Original Image
Return to Index
Traditional methods of s_tutory construction are
appropriate in this case. _/ The meaninq of statutory language
is first determined from the words_ themselves _- their plain
meaning° _-q/ NThe meaning of the statute must, in the first
instance, be sought in language in which the [A3ct is framed and,
_
if . . _piain_ _ _ _ the sole function of the court . . _ isto
enforce_[the statute] according to its termso "_I/ Indeed_ one
who questions the appropriateness of this rule must demonstrate
...._ either some obvious inconsistency with o_iher sections of the Act
or that the meaning of the provision is repugnant to the general
purpose of the Act or to other subsequent statutes. _/ If the
plain meaning of a statute coincides with the legislative
history, that intent is law. 3_3/
_he phrase _currently accepted medical use in treatment
in the United States _ contains three key components. Firstt the
standard focuses on _treatment _ or the heart of medical practice.
In doing so, it places primary emphasis upon the relationship
_ between the patient and his/her doctor _- Joe., the treatment
decision_ Indeed_ the patient _- the ultimate mend-userU of a
2_/ _ChevroD_Q_S.A°_yqo NaturalRe_eS_/_e_ense_, 467
_" U.S° 837,.843 no9 (1984) (if congressional intent on the point is
found, it is law and must be given effect). See _
Cardoza_F0nsegqa _ 107 S_ Ct. 1207, 1221 (1987).
_/ Cam_.nettl v_ °
_ 242 u.s. 470 (1917)
3_/ singer, Sot_herland Stats Const. § 46_0! at 73-74 (4th ed.
!984).
2U_/ V__ supra o
- I0 -
Previous ,
Next ,
Return to Index