vol1 - Page 90
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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