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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.
 23 Opinion of Francis Young (see foomote 5, fig,pxa), page 10o

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