Commonwealth v. Hutchins

575 N.E.2d 741 (1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was charged with simple possession or cultivation of THC and marijuana. D filed a motion to dismiss the complaints 'on the ground that any possession of controlled substances by the D is within the D of medical necessity.' D submitted affidavits, excerpts from his medical records, literature on a disease known as progressive systemic sclerosis (scleroderma) and on the medicinal uses of marijuana and other materials. D is a forty-seven-year-old man who has been diagnosed as having scleroderma accompanied by Raynaud's phenomenon. Scleroderma is a chronic disease that results in the buildup of scar tissue throughout the body. The cause of scleroderma is not known, and no effective treatment or cure has been discovered. In the most severe cases, scleroderma may result in death. D's medical history includes episodes of fatigue, hypertension, loss of appetite, weight loss of up to twenty-five pounds, diarrhea, nausea, vomiting, reflux of food and stomach acid into the mouth, reduced motility and constriction of the esophagus, extreme difficulty and pain in swallowing, and swollen, painful joints and extreme sensitivity to the cold in his hands and feet. D suffers from severe depression and was briefly hospitalized after attempting suicide. D has been unable to work since 1978. Since 1975, with some success, he has used marijuana, in lieu of antidepressants and surgery, to alleviate certain symptoms of his illness including nausea, loss of appetite, difficulty in eating, drinking or swallowing, loss of motility of the esophagus, spasticity, hypertension, and anxiety. Two treating physicians are unable to 'confirm D's claim that his use of marijuana has caused his remarkable remission. D has made numerous, albeit unsuccessful, attempts lawfully to obtain either a prescription for marijuana or permission to participate in a research study on the use of marijuana to treat scleroderma. The Massachusetts Legislature has considered a bill providing for the use of marijuana in therapeutic research on more than one occasion, but no such statute has been enacted in the Commonwealth. The Veterans Administration has determined that presently there is no research study on the use of marijuana to treat scleroderma and therefore will not dispense marijuana for the defendant's treatment. The judge concluded, the proof offered would not support a necessity defense. D was convicted and appealed.