vol2 - Page 33



Page 33 Previous , Next , Original Image
Return to Index

 general, officials whose primary concern is law enforcement_ A large number of
 _" them have no fear that placing marijuana in Schedule If, thus making it
 available for legitimate therapy, will in any way _mpede existing efforts of law
 enforcement authorities to crack down on illegal drug trafficking,
 .-.0 The Act does not speclfy by whom a drug or substance must be "accepted
 [for] medl. cal use in treatmnt" in order to meet the Act"s "accepted" require-
 merit for placemnt in Schedule If, Department of Justice witnesses told the
 C) Congress during hearings In 1970 preceeding passage of the Act that "the medical
 profession" would make this determinations that the matter woulci be "determined
 by the medical co_nunity. _ The Deputy Chief Counsel of BNDD, whose office had
 .C written the bill with this language in it, told the House subcommittee that
 "thls basic dete_ination , . , is not made by any part of the federal govern-_
 _ent, It is made by the n_dical con_unity as to _hether or not the drug has .-..
 C _ r medical use or doesn't" 77
 No one would seriously contend that these Justice Department witnesses
 meant that the entire n_dical community would have to be in agreement on the
 _r usefulness of a drug or substan.ce, Seldom, If ever, do all lawyer_.-egree-on_,._;
 point of law. Seldom, if ever, do alI doctors agree on a medical qju_stion.
 How many are required here? A majority of 51%? It would be unrealistic to
 "
 attempt a plebesclte of all doctors in the country on such a question every tl_e
 it arises, t4_.obta, in_ority vote,
 In deter_inlng whether: a medical procedure utilized by a doctor is ,
 ci;. actionable as malpractice the courts have adopted the rule that it is acceptable
 7 Drug Abuse Control Amendments _ 1970: Hearings oB H.R, 11701 and H,R. 13743
 ,. Before the Subcommittee on Public Health and Welfare of the House Co_ittee
 ...._ i = on Interstate and Foreign Commerce, glst. Congress, 2d Sess, 678, 696, 718
 (1970) ($tate_ent of John Eo Ingersoll, Director, BNDD). 
 - 27




Previous , Next , Return to Index