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has determined, have effectively used marijuana to control their 
spasticity.  He has heard reports of additional patients with multiple 
sclerosis, paraplegia and quadriplegia doing the same.  There are reports 
published in the literature known to Dr. Petro, over the period at least 
1970 - 1986, of clinical tests demonstrating that marijuana and THC are 
effective in controlling or reducing spasticity in patients.
         44.  Large numbers of paraplegic and quadriplegic patients, 
particularly in Veterans Hospitals, routinely smoke marijuana to reduce 
spasticity.  While this mode of treatment is illegal, it is generally 
tolerated, if not openly encouraged, by physicians in charge of such 
wards who accept this practice as being of benefit to their patients.  
There are many spinal cord injury patients in Veterans Hospitals.
         45.  Dr. Petro sought FDA approval to conduct research with 
spasticity patients using marijuana.  FDA refused but, for reasons 
unknown to him, allowed
                                 - 52 -
him to make a study using synthetic THC.  He and colleagues made such a 
study.  They concluded that synthetic THC effected a significant 
reduction in spasticity among multiple sclerosis patients, but study 
participants who had also smoked marijuana reported consistently that 
marijuana was more effective.
         46.  Dr. Petro accepts marijuana as having a medical use in the 
treatment of spasticity in the United States.  If it were legally 
available and he was engaged in an active medical practice again, he 
would not hesitate to prescribe marijuana, when appropriate, to patients 
afflicted with uncontrollable spasticity.
         47.  Dr. Petro presented a paper to a meeting of the American 
Academy of Neurology.  The paper was accepted for presentation.  After he 
presented it Dr. Petro found that many of the neurologists present at 
this most prestigious meeting were in agreement with his acceptance of 
marijuana as having a medical use in the treatment of spasticity.
         48.  Dr. Andrew Weil, a general medicine practitioner in Tucson, 
Arizona, who also teaches at the University of Arizona College of 
Medicine, accepts marijuana as having a medical use in the treatment of 
spasticity.  In multiple sclerosis patients the muscles become tense and 
rigid because their nerve supply is interrupted.  Marijuana relieves this 
spasticity in many patients, he has found.  He would prescribe it to 
selected patients if it were legally available,
         49.  Dr. Lester B. Collins, III, a neurologist, then treating 
about 20 multiple sclerosis patients a year, seeing two or three new ones 
each year, stated in 1983 that he had no doubt that marijuana worked 
symptomatically for some multiple sclerosis patients.  He said that it 
does not alter the course of
                                 - 53 -
the disease but it does relieve the symptoms of spasticity.
         50.  Dr. John P. Morgan, board certified in internal medicine, 
Professor of Medicine and Director of Pharmacology at CCNY Medical School 
in New York and Associate Professor of Medicine and Pharmacology at Mt. 
Sinai School of Medicine, accepts marijuana as having medical use in 
treatment in the United States.  If he were practicing medicine and 
marijuana were legally available he would prescribe it when indicated to 
patients with legitimate medical needs.
Discussion
     Based upon the rationale set out in pages 26 to 34, above, the 
administrative law judge concludes that, within the meaning of the Act, 
21 U.S.C. n 812(b)(2)(B), marijuana "has a currently accepted medical use 
in treatment in the United States" for spasticity resulting from multiple 
sclerosis and other causes.  It would be unreasonable, arbitrary and 
capricious to find otherwise.  The facts set out above, uncontroverted by 
the Agency, establish beyond question that some doctors in the United 
States accept marijuana as helpful in such treatment for some patients.  
The record here shows that they constitute a significant minority of 
physicians.  Nothing more can reasonably be required.  That some doctors 
would have more studies and test results in hand before accepting 
marijuana's usefulness here is irrelevant.
     The same is true with respect to the hyperparathyroidism from which 
Irvin Rosenfeld suffers.  His disease is so rare, and so few physicians 
appear to be familiar with it, that acceptance by one doctor of marijuana 
as being useful in treating it ought to satisfy the requirement for a 
significant minority.  The Agency points to no evidence of record tending
to establish that marijuana is
                                - 54 -
not accepted by doctors in connection with this most unusual ailment.  
Refusal to acknowledge acceptance by a significant minority, in light of 
the case history detailed in this record, would be unreasonable, 
arbitrary and capricious.
                                 - 55 -
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