I have years of experience with LM317 doing things it should not, including crude current modulation. I'm betting its not so simple. I usually do not place bets I cannot win. Perhaps you should look at the current output on a scope before declaring this a success? You also have one other issue, anytime the potentiometer wiper lifts off the rails, while being adjusted, it slams to full current for a fraction of a second, and nothing is protecting the 2n2222.
Lm317 is not rated for 100% unconditional stability, and the wirewound resistors are inductive at HF and VHF where it likes to oscillate. I'm Just asking you to be careful before you submit this to the public, where it can spread like wildfire and cause issues way into the future.
What is the undefined state it slips to when adjust is grounded? I'm curious if current goes to zero or is really just dropping below the LEDs light threshold? Try a couple of different 317 clones as well. Ie On Semi vs National... Some very interesting things happen with the ON/Motorola part.. Try it with a 317K, and its oscillation city.
(Hint, I built the same circuit years ago. Its not as flexible as it seems)
Steve