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Most states, one step, ahead of the federal government,
passed legislation recognizing marijuana_s medical utility as an
antiemetic allowing physicians to prescribe it on a treatment
basis_ 9-_-/ State legislatures were responding to a growing demand
from patients and physicians who found the drug to be highly
effective _n their own experience or practice. State legisla-
tures, physicians, and patients had, therefore_ already
determined that marijuana had an #accepted medical use in
treatment N for emesis.
Xn order to secure federal supplies of marijuana, the
States were forced to establish research programs to comply with
the IND procedures. _-Q/ Do_ible-blind testing was not utilized
simply because it was inconsistent with 1_he purpose of the state
legislation. 91/ Having reached a conclusion that the drug had a
medical use as an antiemetic, it made no sense to step back and
implement double-blind testing. Double-blind testing meant that
half of the patients would receive a placebo° This denial of
care was unthinkable for a program of treatment. The FDA and DEA
agreed to the design of the state protocols in this context when
they easily could have objected to their implementation°
_9_/ Id. at lll-ll3.
. _.q/ Affidavit of Mona Tarts _ 73 (#[i]n order to comply with
federal procedures, and in order to obtain federal supplies of
marijuana, the Georgia law_ like the law in New Mexico and
elsewhere, was crafted as a 'research program°' Whether called
SresearchP .or not, the purpose of the law was to assist patients
in obtaining marijuana for their medical use. If research data
resulted from such compassionate programs of patient care all the
bettero w )
91/ ACT Brief at I12-i13. _s__._'_
_'_:_
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