vol1 - Page 90



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 If a drug has a _currently accepted medical use in
 treatment, _ it most certainly is also "safe # for purposes of
 placement in Schedule IIi. That is_ if _e medical co.unity
 accepts that a drug is medically useful, that determination
 logically must include a_ judgment that _e drug is safe in the
 specified_treatment contexts Indeed_ Congress did not even
 include the redundant _safety _ requirement for reclassification
 from Schedule I to Schedule II_ but based this determination
 solely upon a finding of accepted medical use_ Chief Counsel_
 Sonnenreich obviously agreed with this position° Discussing the
 criteria for the transfer of a drug from Schedule I to Schedule
 If, he noted that if a medical use is fo_md for a drugs "it will
 automatically have to leave Schedule I and go to Schedule II
 because then there is a [medical_ use for it in the United
 Stateson_-i/
 Thus, if a drug has a "currently accepted medical use, _
 the burden necessarily shifts to the @overr_ent to demonstrate
 that it somehow lacks safety under medical supervision.
 In the case of marijuana, however_ there is no question
 that the drug is safe. Based upon its history of use, controlled
 studies designed to determine its pharmacological effects upon
 . human beings, and the opinion of most experts addressing the
 question in this cases marijuana is unquestionably safe under
 medical supervision. Inresponse, the Government has offered
 51/ Hearings at 718 (_Qf_
 17




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