"the father of medical marijuana."
legally used federal marijuana by utilizing
a little known defense
at the time called;
The Common Law - Doctrine of Necessity.
The doctrine is
to as the "necessity defense" or "choice of evils defense"
and actually predates - common law.
The first time it was ever invoked to legalize a government action was in 1954 in Pakistan.
The Pakistan Supreme Court
ruled against new governmental policies implimented by
the newly elected President ...
The govenor had asked the
court to overrule the new
laws and restore democracy -
in short by -
"Doctrine of Necessity,"
"that which is otherwise
not lawful is made lawful
It was explained by the
Pakistan Chief Judge
when he stated -
in certain situations, it is necessary to go beyond the constitution because the well being of the people is more important than the constitution and that well being must be regarded as the supreme law of the land thereby providing legal teeth for the unconstitutional
action of the govenor.
To this day, the maxim has been attached to the doctrine as its hallmark clause; - that which is otherwise not lawful is made lawful by necessity.
The Elite Group
1976 - U.S. vs Randall
Creating the - I.N.D. Program
Well known Marijuana advocate, Peter McWilliams,
often spoke out about the IND Program;
"the U.S. government does in fact provide
marijuana to a handful of people."
He would say, "I just wanted to join the elite group."
He was absolutely correct - the federal government
did & still does -
provide four people with
Most people do
not know anything
or how contradicting
the U.S. government really is.
The Court Case
The prosecutor was Assistant US Attorney Richard Stolker, who wanted a non-jury trial.
Randall’s attorney was
John Karr, who recalled,
"Judge Washington had been
dean of the Howard University Law School before his appointment to the bench
and I knew him to be extremely intelligent and compassionate."
"A non-jury trial is fine with me," he exclaimed.
Superior Court, over the course of two days
in July, 1976 deliberated over the facts.
Randall relied on a "medical necessity" argument,
which Karr summarized as:
"faced with a choice of certain blindness
or using marijuana to save your sight,
a reasonable person would use marijuana."
The key witness was
Robert Hepler, MD, a UCLA opthalmologist who had
monitored Randall’s use of all
the pharmaceutical drugs then
used to treat glaucoma,
and confirmed that only
marijuana could stop the progression to blindness.
Here are the facts as recounted by Judge Washington
in his decision -
"Dr. Hepler testified that his examination of the defendant revealed that treatment with conventional medications was ineffective, and also that surgery, while offering some hope of preserving the vision which remained to defendant, also carried significant risks of immediate blindness."
"The results of the experimental program indicated that the
ingestion of marijuana smoke
had a beneficial effect on
defendant’s condition, normalizing intraocular pressure and lessening visual distortions."
Nov. 24, 1976 is the most important day
in medical marijuana history.
On that day, federal Judge James Washington ruled, Randall could legally use marijuana out of
Mr. Randall was the first person in the U.S. to be granted the legal right to use marijuana since 1937.
He suffered from glaucoma and cultivated his own supply of marijuana to alleviate symptoms associated with his condition.
He was arrested but as stated above,
U.S. vs Randall would become a
landmark case that would start the
medical marijuana movement.
The origins of the Compassionate Investigational New Drug Study program began in 1976 after Robert Randall brought a lawsuit, against the F.D.A, the D.E.A, N.I.D.A., the Justice Dept., and the Dept. of Health, Education & Welfare.
Randall had successfully used the Common Law doctrine
of necessity to argue against charges of marijuana cultivation because it was deemed a medical necessity.
The criminal charges against Randall were dropped,
and following a petition
(May 1976) filed by Randall,
federal agencies began providing him with FDA-approved access to government supplies of medical marijuana, becoming the first American to receive marijuana for the treatment of a medical disorder.
Randall went public with his victory and shortly after the government tried to prevent his legal access to marijuana.
This led to the 1978 lawsuit where Randall was
represented by the law firm Steptoe & Johnson.
Twenty-four hours after filing the suit, the federal agencies requested an out-of-court settlement which resulted in Randall gaining prescriptive access to marijuana through a federal pharmacy near his home.
The settlement in
Randall v. U.S. became
the legal basis for
the FDA's Compassionate
Initially only available to
7 patients afflicted by
marijuana-responsive disorders and orphan drugs,
the concept was expanded to include HIV-positive
patients in the mid-1980s.
Due to the growing number of
AIDS patients throughout the late 1980s and the resulting numbers
of patients who joined the Compassionate IND program,
the George H.W. Bush administration closed the
program down in 1992.
At its peak, the program had thirty active patients, and still provides marijuana to 4 of the remaining participants to this day.
Clinton A. Werner, author of "Medical Marijuana and
the AIDS Crisis", says that;
"the closure of the government program during
the height of the AIDS epidemic led
directly to the formation of
the medical cannabis movement"
of N.I.D.A. = Nada!
The federal government keeps this as
much a secret as possible, in fact -
The IND program is very rarely covered
in the media, although some time ago -
one patient made headlines as she was pulled over with marijuana in Oregon.
Police officers there had
not heard of the
and were shocked by her claim that she received marijuana
from the federal government.
After a series of phone calls -
police were able to verify
Robert Randall passed away in 2001, even after his death his story serves as a reminder that the federal government’s case against marijuana is contradicted by none other than the federal government.
Through the IND program, they have acknowledged marijuana’s medical benefits and have even proved competent enough to cultivate and distribute it.
On November 24, 1976, the government’s ability to fully suppress one of the greatest
healing agents we have ever
known was ended.
Although, Kieth Stroup - founder
of NORML called Randall -
"the father of medical marijuana."
I prefer, the Marihuana "King"
The Worlwide Web
The Canna Channel