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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
 ..... _ 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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