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 ...... Branstetter and Greg Paufler each reported that their doctors
 have implicitly, if not explicit!ys approved of their marijuana
 use. In fact, Valerie Coverss physician is currently helping her
 secure an IND. _/
 After his patient failed on seventeen drugs--the_full
 armament_of medications used to combat multiple sclerosis--Martha
 Hirsches physicians noting a dramatic improvement in her spastic
 condition due to marijuana smoking_ ac_lowledged that her
 marijuana need was genuine and thus agreed to write her a
 prescription. 69_/
 5. Acknowledgement of Marijuana's Medical Utility
 for Spasticity by Courts
 As discussed briefly above_ at least one court has
 _ accepted marijuana use in the treatment of multiple sclerosis as
 a defense of medical necessity to criminal conviction. 69_/ After
 hearing the testimony of four multiple sclerosis-patients_ a
 Board-certified physician and Mr. Diana_ himself, the court held,
 as-a matter of law_ that (1) in Mr. Diana's case, marijuana's
 medical benefits derived from its use in the control of spasti-
 city are greater than the harm sought to be prevented by the
 Controlled Substances Act and (2) no d_g is as effective in
 .:.,. 6_2/ Affidavit of Valerie Cover, _ 60-61.
 6_95/ Affidavit of Martha Hirsch, _ 22_ 29.
 694/ _ Washin_on v. Diana_ Washington Superior Court
 (March 4_ 1981) (attached to Affidavit of Robert Randall, Exh. 8)o
 223 -

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