norml11 - Page 53

 synthetic THChad a powerful m_nd-alteming-effect he found annoying. When the
 study ended=the researcher strongly suggested that Branstettec continue smoking
 o
 marijuana to contro_ his spasms .... --
 39. None.OfoBranstetter's doctors have told h_m to-stop smoking;mari-
 _juana while several, direct[y and indirettly, have encouraged-him to continue.
 ;Bcanstetter knows of almost 20 other patients, paraplegics, quadrapleg#cs and
 multiple sclerosis sufferers, who smoke marijuana to control their spasticity.
 40. In 1981 a SLate of Washington Superior Court judge, sitting with-
 out a jury, found Samue} D. Diana not gui}ty of the charge of unlawful posses-
 sion of marijuana. In so doing the judge upheld Oiana'.s defense of medical
 necessity. Diana had been a multiple sclerosis patient since at least 1973. He
 testified that smoking marijuana relieved his symptoms of double vision, tremors,
 unsteady walk, impaired hearing, tendency to vomit in the mornings and stiffness
 in the joints of his.hands and legs.
 41. Among the witnesses was a physician who had examined defendant
 Diana before and after he had used marijuana° This doctor tesified that
 marijuana had been effective therapeutically for Diana, that other medication
 had proven ineffective for Diana and that= wh_e marijua, na may have some detri-
 mental effects, Diana would receive more benefit than harm from smoking it. The
 doctor was not aware of any other drug that would be as effective oas marijuana
 for Mr. Diana. Other witnesses included three persons afflicted with multiple
 sclerosis who tes_fied in detail as to marijuana's beneficial effect on their
 i I _ hess.
 42. In acquitting defendant Diana of unlawful possession of marijuana
 the trial judge found that the three requirements for the defense of medical
 °
 necessity had been established, namely: defendant's reasonable belief that his
 i
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