vol1 - Page 280
Page 280
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glaucoma may constitute a _medical necessity w protected under
Common Law°
In 1976_ marijuana's therapeutic utility in lowering
the elevated intraocular pressure of a glaucoma patient became a
matter of legal determination. As summarized by the Hawaii
School of Public Health Report:
[I_n November_ 1976_ the Washington_ D.Co
Superior Court handed down an unprecedented
decision allowing Robert Randall [a glaucoma
patient] to smoke marijuana a_5 a means of
controlling his glaucoma. Mr. Randall's
condition was first treated in 1972 with
conventional medications which eventually
became ineffective . _ . o B_{ 1974_ he had
suffered complete loss of vision in his
right eye and vision in his left eye was
severely impaired. Mr. Randall sought
relief for his glaucoma condi_:ion by smoking
marijuana. His subsequent arrest for posses-
sion of the drug led to his participation in
experimental studies which indicate_ that
smoking marijuana did indeed normalize Mr.
RandallSs lOP and lessened visual distor-
tion. Mr° Randall was eventually acquitted
[of the criminal charge of ma_:ijuana
possessionl_by reason of medical
necessity°
_7
..... _ In reaching a determination that marijuana could be a
dl_/g of _medical necessity, # the court outlined three tests:
One, the individual is compelled by circum-
stance beyond his control to commit the
...._ crime;
Twos that there is no less offensive remedy
or alternative available_ and
Threes that the harm avoided h y committing
.... _ the criminal act is less serious than the
harm which wouldbe caused by strictly
obeying the law. _219j
62_/ Affidavit of Alice Oe_a_, at i0.
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