vol1 - Page 293
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smoking marijuana. _/ Their testimony_ coupled with identical
testimony offered by Sam Diana, hi_elf_ and a board certified
physician persuaded the court that Mr. Diana derived personal
benefit from smoking marijuana to control his spastic condition
which outweighed society's interest in t&e enforcement of the
drug laws in his case.
4. Acceptance of MarijuanaeQ Medical Utility by
physicians
Based upon the reports of patients--inc!uding patients
he had personally treated-Band the unambiguous history cf
,_!,_ marijuana_s medical utillty_ Dr. Denis Petro testified that mari-
juana has an #accepted medical use with severe restrictions n in
the treatment of spasticity. 7_/ Since the end user of a drug-_
the patient--is the most important person in determining whether
a drug has an #accepted medical use, _ Dr o Petro reached his con-
clusion based upon the fact that patients consistently received
benefit from smoking marijuana for spasticity. 677/
Dr. Petro confirmed his belief that marijuana was
effective in two ways° First, he checked the subjective comments
of patients he treated with objective tests to determine whether
marijuana indeed reduced their spastici°_y. 9-_/ In particulars he
conducted muscle strength and range of motion tests in a con =
i_. 675/ ___shin_ton v. Diana, Affidavit of Robert Randall_ Exh. i!i_
676/ ___ Affidavit of Denis Petro_ _ 99o
877/ Id. at _ I00.
_: _78/ /_. at _I 20_ 23-32_ 45.
_
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