vol1 - Page 88
Page 88
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Schedule I drugs would be deterred_ if not halted, by the Con=
trolled Substances Act. By adopting the wculrrently accepted
..... medical use in treatment in the United States w standards Congress
plainly anticipated that should one of the Schedule I substances
emerge as having an accepted medical utility_ it would be
_ rescheduled.9-_/
..... Medical malpractice case law demonstrates that the
Waccepted medical use w standard satisfies just this req%_irement.
In the leading case of _9_ld___v. Ro___, the Florida Supreme
Court made it explicitly clear that only the opinion of a
Wrespectable minority _ would be necessary to demonstrate that a
drug had a currently accepted medical use° _u_/ The Ba_ court
considered the question of whether the newly emerging treatment
of chemotherapy was sufficiently accepted in the medical
community_ despite opposition by many doctors and the lacM of
acceptance by the American Medical Association. _// Concluding
that the opinion of a _respectable minority w was all that was
necessary to show that the use of chemotherapy to treat cancer
was accepted by the medical community_ the court emphasized that
a higherstandard would serve only to slow efforts to alleviate a
___/ This was certainly the opinion of the Bureau of Narcotics
and Dangerous Drugs (now DEA) when the Controlled Substances Act
became law. Deputy Chief Counsel Sonnenreich declared that if a
medical use is found for a drug wit will automatically have to
leave Schedule X and go to Schedule I! because then there is a
_
[medical] use for it in the United State_. w /._ at 718®
46/ 81 So. 2d 658_ 660 (1954); _ev_ _| 9_b@_ _ounds , 81 so.
2d_ 661 (1955)_
47/ /_. at 660.
Cen -
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