vol2 - Page 57
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synthetic THC had a powerful mind=altering effect h_ found annoying. When the
study ended the researcher strongly suggested that Branstetter continue smoking
marijuana to control his spasms.
39. None of Branstetter_s doctors have to'Bd him to stop smoking marie
P' juana while several, directly and indirectly, have encouraged him to continue.
Branstetter knows of almost 20 orher patients, paraplegics, quadraplegics and
multiple sc'_erosis sufferers_ who smoke marijuana to control their spasticity.
"._._" 40. _ In 1981 a State of Washington Superior Court judge, sifting with®
out a jury, found Samuel D. Diana not guilty ofthe charge of unlawful posses=
sion of _arljuana. In so doing the judge upheld Diana=s defense of medical
..... necessity. Diana had been a multiple sclerosis patient since at least 1973. He
testified that smoking marijuana relieved his symptoms of double vision, tremors,
unsteady walk, impaired hearings tendency to _omit In the morn_ings and stiffness
;.::: in the joints of his hands and legs,
41, Among the witnesses was a physician who had examined defendant
Diana before and after he had used marijuana° This doctor tesified that
marijuana had been effective therapeutically for Diana, that other medication
had proven ineffective for Diana and that, while marijuana Bay have some detri=
mental effects, Diana would receive more benefit tha_n harm fro_ smok_ng it. The
..... doctor was not aware of any other drug that would be es effective a_marfjuama
for Mr, D_fana: ' Ol;he_ witne_es included three-pers_.;i_tTI-i;_;_fth-multiple
sclerosis who tesified in detail as to marijuana's beneficial effect on their
....... illness.
42. In acquitting defendan¢ Diana of unlawful possession of marijuana
the trial judge found that the three require_mnts for the defense of medical
necessity had been established, namely: defendant's reasonable belief that his
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