>>> Part 17 of 28...
     There is a great volume of evidence here, and much discussion in the 
briefs, about the protracted case of Robert Randall.  But when all is 
said and done, his experience presents but one case.  The record contains 
sworn testimony of three ophthalmologists who have treated Mr. Randall.  
One of them tells us of a relatively small number of other glaucoma 
patients whom he has treated with marijuana and whom he knows to have 
responded favorably.  Another of these three doctors has successfully 
treated only Randall with marijuana.  The third testifies, despite his 
successful experience in treating Randall, that marijuana does not have 
an accepted use in such treatment.
     In addition to Robert Randall, Petitioners point to the testimony of 
three other glaucoma patients.  Their case histories are impressive, but 
they contribute
                                 - 38 -
little to the carrying of Petitioner's burden of showing that marijuana 
is accepted for medical treatment of glaucoma by a respectable minority 
of physicians.  See pages 26-29, above.
     Petitioners have in evidence copies of a number of newspaper 
clippings reporting statements by persons claiming that marijuana has 
helped their glaucoma.  The administrative law judge is unable to give 
significant weight to this evidence.  Had these persons testified so as 
to have been subject to cross-examination, a different situation would be 
presented.  But these newspaper reports of extra-judicial statements, 
neither tested by informed inquiry nor supported by a doctor's opinion, 
are not entitled to much weight.  They are of little, if any, 
materiality.
     Beyond the evidence referred to above there is a little other "hard" 
evidence, pointed out by petitioners, of Physicians accepting marijuana 
for treatment of glaucoma.  Such evidence as that concerning a survey of 
a group of San Francisco ophthalmologists is ambiguous, at best.  The 
relevant document establishes merely that most of the doctors on the 
grand round, who responded to an inquiry, believed that the THC capsules 
or marijuana ought to be available.
     In sum, the evidence here tending to show that marijuana is accepted 
for treatment of glaucoma falls far, far short of quantum of evidence 
tending to show that marijuana is accepted for treatment of emesis in 
cancer patients.  The preponderance of the evidence here, identified by 
petitioners in their briefs, does not establish that a respectable 
minority of physicians has accepted marijuana for glaucoma treatment.
                                 - 39 -
                                  VII.
                   ACCEPTED MEDICAL USE IN TREATMENT
                    - MULTIPLE SCLEROSIS, SPASTICITY
                        AND HYPERPARATHYROIDISM
Findings Of Fact
     The preponderance of the evidence clearly establishes the following 
facts with respect to marijuana's use in connection with multiple 
sclerosis, spasticity and hyperparathyroidism.
          1.  Multiple sclerosis is the major cause of neurological 
disability among young and middle-aged adults in the United States today.  
It is a life-long disease.  It can be extremely debilitating to some of 
its victims but it does not shorten the life span of most of them.  Its 
cause is yet to be determined.  It attacks the myelin sheath, the coating 
or insulation surrounding the message-carrying nerve fibers in the brain 
and spinal cord.  Once the myelin sheath is destroyed, it is replaced by 
plaques of hardened tissue known as sclerosis.  During the initial stages 
of the disease nerve impulses are transmitted with only minor 
interruptions.  As the disease progresses, the plaques may completely 
obstruct the impulses along certain nerve systems.  These obstructions 
produce malfunctions.  The effects are sporadic in most individuals and 
the effects often occur episodically, triggered either by malfunction of 
the nerve impulses or by external factors.
          2.  Over time many patients develop spasticity, the involuntary 
and abnormal contraction of muscle or muscle fibers.  (Spasticity can 
also result from serious injuries to the spinal cord, not related to 
multiple sclerosis.)
          3.  The symptoms of multiple sclerosis vary according to the 
area of
                                 - 40 -
the nervous system which is affected and according to the severity of the 
disease.  The symptoms can include one or more of the following:  
weakness, tingling, numbness, impaired sensation, lack of coordination, 
disturbances in equilibrium, double vision, loss of vision, involuntary 
rapid movement of the eyes (nystagmus), slurred speech, tremors, 
stiffness, spasticity, weakness of limbs, sexual dysfunction, paralysis, 
and impaired bladder and bowel functions.
          4.  Each person afflicted by multiple sclerosis is affected 
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