vol2 - Page 60
Page 60
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" D
o _ _he dlsease=b,i,_,t C..__d_es:relleve the s__ of _p_iC_ty_
of Medicine _d._rector of Pha_colo_ a_ iC_&Y_d_'_1_/School fB _4_w York and
Associate Professor of Medicine and Pharmacology at _L Sinai School of Meclic_ne_
accepts mar'_juana ms havlng _edlcal use. _n treatment l_ the United Stateso %f
_ ,.;_, h,e _ere practicing _dicine and marijuana were legally available he would pre-
I_'_ _ {
_e" _:_r_' i ndl C_'_ t O
pat i _nt S _i t h
legltlmate medical needs,
Discussion
Based upon the rationale set out in pages _6 to 34, above, the administrative
° law judge concludes that_ _ithin the meaning of the Act, 21 U,S,Co § 812(b)(2)(_)_
_rijuana _has a currently accepted _d_cal _se in treatment in the United States _
For spastic'_ty resulting From multiple sclerosis and other causes, It would be
unreasonable, arbitrary and capricious to find otherwise, The facts set out
above_. :Jncontroverted by the Agency, establish beyond question that some doctors
i_ the United States accept marijuana a_ helpful in such treatment for some
patients, The record here _ shows that they constitute a signlf_cant minority of
physlcians. Nothing _re can reasonably be requ_ired, That some doctors _ould
have more studies and test results in hand before accepting marij_ana's useful-
hess here Is Irrelevant.
The same Is true _ith respect to the hyperparathyroidis_ from _hich _rvin
Rosenfeld suffers, Hts disease is so rare, and so few physicians appear to be _:
familiar with it, that acceptance by one doctor of marijuana as being useful in
treating it ought to satisfy the requirement for a significant minority, The
Agency points to no evidence of record tending to establish that marijuana is
- - F)" ° '>
_ ;_._ _
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