vol1 - Page 89
Return to Index
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.
Return to Index