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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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