vol1 - Page 89

 disease with no known cureo_/ ". o o One man should not be
 condemned from the fact alone that he chooses a weapon that
 another may consider a reed. #_/ Without question, by borrowing
 the concept of _accepted medical use _ from medical malpractice
 law, Congress had the same purpose in mind.
 In s_ the determination of whether a dr_g has a
 "currently accepted medical use in treatment in the United
 States" is derived from an analysis of medical opinion -- albeit
 a minority view -- but more importantly_ from the opinion of
 society, itself. In applying the standards this tribunal should
 consider whether patients_ their doctors_ the medical community_
 as regulated by the states and society-at-large, deem a drug to
 have a Ucurrently accepted medical use in the United States. u If
 a school of thought -_ albeit the opinion of a _respectable
 minority u =- accepts a particular drug as having medical utility
 in treatment, the drug must be rescheduled. 50/
 • 81 _i__do
 50/ The meaning of _currently accepted medical use with severe
 restrictions" has rarely been the subject of administrative
 consideration. FDA has characterized the National Cancer Insti_
 tuteSs Group C °treatment program for synthetic (oral) THC as an
 :,ii. example of "accepted medical use with severe restrictions_"
 47 Fed. Reg. 28,150 (1982)o ACT takes the position that this
 phrase incorporates the concept of _medicai necessity_ N as set
 forth in Un ° ed S ares Vo nd and _!_naton v__Diana.
 Affidavit of Robert Randall_ Exhibits i & 15G-8.
 16