vol2 - Page 35



Page 35 Previous , Next , Original Image
Return to Index

 ¸!¸:::3
 _dical _uthoritl, it is not _Ipractice to be among
 )he minority in a given city who follow one of the
 ....:'_' acce t_ school s
 505 F.2d at 492 (Emphasis added). See, also, Leech v. Bralliar, 275 F.Supp°
 897 (D,Ariz., 1967).
 _:::_ How do we ascertain whether there exists a school of thought supported by
 responsible medical authority, and thus _accepted"? We listen to the
 physi cl arts.
 .....-" The court and jury _st have a standard measure
 which they are to use in _asuring the acts of a
 doctor to determine whether he exercised a reasonable
 degree of care and skill; they are not permitted to
 set up and use any arbitrary or artif'Icia_l standard
 of measurement that the jury may wish to apply, The
 ..... _ proper standard of _easurement is to be established
 by testimony of physicians, for it is a radical
 questi on.
 v, Brown, 133°S.E. 2d, 102{Ga,, 1963) at I05, .
 ::_2; As-noted above, there Is no question .but that this record shqws a great
 many physicians, and others, to have "accepted" _ar'_jua a as having a medical
 use In the t_atment of cancer patients _ emesls, l'rue, all physicians have not
 " "accepted _ it. But to require universal, I00% acceptance would be unreasonable,
 Acceptance by "a respectable minority _ of physlcians is all that can reasonably
 be requlred, The record hose establishes conclusively that at least "a respec-
 ,''r
 ::/ table _:norlty _ of physlclans has _accepted _ marijuana as having a _sedical _s__
 in .treatmeni_ la the_ United States. _ '_._her_ _y-_oi_- _ke_:_. cLtf.fe_nce.
 _ The administrative law judge reco_Tended this sa_ approach for determining
 ©
 ...... whether a drug has an "accepted n_dical use In treatment" In The Matter Of MDHA
 Schedul_jng , Docket Ro, 84-48, The Adminstrator, in his first final rule in that
 proceeding, issued on October 8, 1986 B, declined to adopt thls approach. He
 i,
 _2
 ...... '8 51 Fed. Reg. 36552 (Ig86)o C_i_,:_ct_
 - 2g ®
 <..




Previous , Next , Return to Index