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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°

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