United States v. Randall

Defendant testified that he began to have visual difficulties in the later 1960s. As a result, Dr. Benjamin Fine diagnosed Defendant with glaucoma, distorted vision, and blindness. Dr. Fine began to treat Defendant with multiple medications, but Defendant’s tolerance to the drugs increased, causing the drugs to be ineffective. By 1974, the drugs were completely ineffective and Defendant suffered a complete loss of eye sight in his right eye and a substantial impairment of his vision in the left eye. During this period, Defendant would attain some relief through the inhalation of marijuana smoke. Defendant did not inform Dr. Fine because he feared the legal consequences. Later, Defendant was arrested for simple possession of marijuana. After his arrest, Defendant participated in an experimental program with Dr. Robert Hepler, who worked for the United States Government. Dr. Helper testified that Defendant medication was ineffective to Defendant’s condition and surgery may result in risk of immediate blindness. The result of the program indicated that the marijuana smoke had a beneficial effect on Defendant’s condition, which lessened his visual distortions. Defendant contents that he inhales the marijuana smoke due to a necessity for his health. The Court does not dispute that Defendant has meet the elements required for the necessity defense.