vol1 - Page 138
Page 138
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alleviate the nausea and ill-effects of
cancer chemotherapy, may alleviate the ill _
effects of glauc_0_nd may have other
therapeutic uses. _,I
In order to provide patients with licit access to
federal supplies of marijuanas New York employed the same
mresearch # language developed by New Mexico to avoid a state-
federal confrontation over differences in Scheduling. 2_I/
Federal scheduling at Schedule I precluded access to federal
supplies of cannabis for medical treatment purposes. The
legislative finding continues:
The Legislature further finds that there is a
need for further research and experimentation
with regard to the use of marijuana for
.... therapeutic purposes %Lnder strictly
controlled circumstances. It is for such
research programs that the controlled
substanc$_herapeutic research act is hereby
enacted. _
The New York Department of Health was given the task of
implementing this legislation.
In describing the resulting New York marijuana IND
...... programf Department of Health officials state that #[t]he program
_20/ !d. at 2.
2_i/ Despite this effort, the New York Department of Health
failed to achieve FDA approval for the starers treatment_oriented
IND program for more than a year after the law was enacted. At
the conclusion of the New York Department of Health_s first
annual report, issued in September, 1981r officials estimated the
state's program would be fully operational Nwithin three months. _
___/__. at Exhibit 15 _Annual Report to the Governor and
Legislature on the Antonio Go Olivieri Controlled Substances
Therapeutic Research Program° # New York State Department of
Health, September i_ i981, at 6-7. Thus_ cancer patients were
denied access to marijuana for nearly eighteen months even after
passage of the law by the New York legislature°
65
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