vol1 - Page 281
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In the Randall case_ the defendant met all three
..... tests -- medical expe_s_ including DrŽ Robert Hepler, testified
Randall was afflicted with chronic open-angle glaucoma and had
suffered a substantial loss of vision in both eyes;his con-
dition, elevated intraocular pressures accompanied by
progressive loss of visual functions could not be adequately
treated through the use of available glaucoma control medica-
l7 tions_ ande in smoking marijuana, Randall had violated legal
prohibitions against marijuana_s medical use to avoid a far more
serious harmr the permanent loss of his vision and eventual
b!indness due to glaucoma° As the cou_ states in its decision:
The evil he [Randall] sought to avert,
blindness_ is greater than that he performed
to accomplish it, growing marijuana at his
residence in violation of the District of
Columbia Coder While blindness was shown by
competent medical testimony to be the
otherwise inevitable result of defendant's
diseases no adverse effects from the smoking
of marijuana have been demonstrated ....
[N]o direct harm will be visited upon
innocent third parties_ any major ill effects
from the inhalation of marijuana smoke will
occur to the defendant alone .... Xn any
event, //__is_llike!y_that_rijuanaesl
slight _ _De_la °re dem&nstrable ha!_
e c _ ed more ijT_h_ at_
_gfenda_fsriqht to_h%o (Emphasis
...... ' added°)
The court's decision continues:
While blindness was shown by competent
medical testimony to be the otherwise
15 inevitable result of defendant's disease_ no
adverse effects from the smoking of marijuana
_2_/ Affidavit of Robert Randall, Exhibit 1 p.S. v° Randal!_
D_Co Super. Ct., D.Co Crimo No. 65923-75_ #Criminal Law and
i _ Procedure; Medical Necessity_ _ The D__i_ Washington Law
_Dorter, Vol. I04_ No. 250_ Dece/Kber 28; 1976 p. 2253.
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