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When there are questions about the meaning of language used
in the U.S. Code, they are resolved by the Courts. The U.S.
Court of Appeals has ruled that "lack of accepted medical
use" does not, by itself, justify Schedule I status for a
drug. A drug or substance must satisfy all of the findings
required by Congress, not just one of them.
If, as respondent (DEA) contends, a determination
that the substance has no accepted medical use ends the inquiry,
then presumably Congress would have spelled that out in its
procedural guidelines. Its failure to do so indicates an intent
to reserve to HEW a finely tuned balancing process involving
several medical and scientific considerations . . .
Admittedly, Section 202(b), 21 U.S.C. 812(b), which
sets forth the criteria for placement in each of the five
CSA schedules, established medical use as the factor that
distinguishes substances in Schedule I from those in Schedule
I. However, placement in Schedule I does not appear to flow
inevitably from lack of a currently accepted medical use.
Like that of Section 201(c), the structure of Section 202(b)
contemplates balancing of medical usefulness along with several
other considerations, including potential for abuse and danger
of dependence. To treat medical use as the controlling factor
in classification decisions is to render irrelevant the other
"findings" required by Section 202(b). The legislative history
of the CSA indicates that medical use is but one factor to
be considered, and by no means the most important one. NORML
v. DEA, 559 F.2d 735, 748. (1977).
The Court of Appeals added a footnote to the statement cited
above to make their interpretation of the statute clear. They
made note that the legislative history is precise on which,
if any, findings were more important than others.
A key criterion for controlling a substance, and
the one which will be used most often, is the substances potential
for abuse.. .Final Control by the Attorney General will also
be based on his findings as to the substance's potential for
abuse. U.S. Code Cong. & Admin. News (1970) p. 4601.
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