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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
 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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