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 a doctor to find out whether or not [a drug] has an accepted
 medical use in the United States or not .... [A] lawyer can
 find out as well as a doctor_ I mean it is not something that
 you are going out to create research on. _/
 By selecting the phrase _accepted medical use in
 • '_ treatment in the United Statess w rather 'than the more limiting
 phrase;-employing the adverb _ed!eal/_ accepted _ -- a concept
 that necessarily would have focused solely upon the medical
 /_ _ community itself -- Congress explicitly incorporated this
 purpose into the formulation. As in the case of a medical
 malpractice lawsuit where the determination of _accepted medical
 use _ is importantt state legislatures may preempt the common law
 and determine for the medical community _hat a particular medical
 practice is deemed _accepted_ m_/ Likewises the opinions of
 ..... courts, state attorneys general an_ society-at_large are
 extremely relevant -_ if not controlling -_ in making the
 ultimate decision.
 As wis alluded to, supra, this standard is not intended
 to be difficult to satisfy° Indeed, many scientists, researchers
 and physicians who testified before the House Subcommittee con-
 sidering passage of the Controlled Subst_nces Act, expressed
 concern that research (and thus potential treatment) with
 _u_/ In facts most medical malpractice determinations are made
 by the juryf reflecting society in its p_rest form. That is,
 where the evidence is most profotkndly in conflict, the final
 resolution of whether a particular practice is acceptable
 depends upon the view of society rather than the doctors_
 themselves.
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