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fewer unpleasant side effects. Nonetheless, he was convicted of unlawful
possession. The Court of Appeals, Division Three, noted that necessity is
always a potential defense to a crime, and remanded the case for
determination, by a preponderance of the evidence, whether the defendants
actions were justified by medical necessity._ The lower court was
admonished to consider (1) whether the defendant reasonably befieved his use
of marijuana was necessary to minimize the effects of his disease; (2) whether
the benefits derived from the drug's use are greater tha_ the harm sought to be
prevented by the controlled substances law; and (3) that no other drug is as
effective in minimizing the effects of the disease° 21
The court stressed that in analyzing the defendant's assertions that he
"reasonably believed" iris actions were necessary to protect his health,
corroborating medical testimony is required. 22
This case essentially "legalized" the possession of non-con_mercial
amounts of marijuana for people, afflicted with a numl:er of diseases, at least
to the extem that they will not be prosecuted. The reqvdxed "corroborating
medical testimony" may be found not only in dozens of published medical and
stadsticaI studies, but in the opinion issued by the DEA's own Administrative
Law Judge, which contains Findings of Fact including the following:
* Marijuana cigarettes in many cases are superior to synthetic THC capsules
in reducing chemotherapy-induced nausea and vomiting. Marijuana
cigarettes have an importanL clear advantage over _,_ynthedc THC capsules
in that the natural marijuana is imhaied and generally takes effect more
quickly, o .Attempting to orally administer the synthetic THC capsule to a
vomiting patient presents obvious problems - it is vomited right back up
before it can have any effect. 23
® Many physicians, some engaged in medical research and some engaged in
medical practice and some teaching in medical schools, have accepted
smoking marijuana as effective in controlling or reducing the severe
nausea and vomiting...24
20 _____¢_..Xd2iti02_ 24 Wn. App. 908, 604 P.2d 13t2 (1979).
21 ,_ at 916.
22_.
23 Opinion of Francis Young (see foomote 5, fig,pxa), page 10o
24Id.
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