GALLAGHER, Associate Judge.
On February 27, 1973, a panel of this court issued an opinion in Franklin v. United States (D.C.App., No. 5960), one judge dissenting, holding that a defendant charged with possession of narcotics or narcotics paraphernalia, who is a non-trafficker, is entitled to raise an affirmative defense that he lacked capacity (a substantial loss of control) to refrain from using narcotics, i. e., that he is an "addict" or "drug user" as defined...
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