HomeMy WebLinkAbout2006-05-24 PUBLIC COMMENTS I Resolution urging U.S. Representative of the (Congressional District##) Congressional
2 District of (your state) (Congressional Representative's name) to vote for the Hinchey
3 medical marijuana amendment to the Science, State, Justice and Commerce (SSJC)
4 Appropriations bill.
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6 WHEREAS, The residents of (your state) are still in danger of federal arrest,
7 prosecution and imprisonment given the recent United States Supreme Court decision in
8 Gonzales v. Raich (2005); and,
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10 WHEREAS, In 1970, Congress passed the Comprehensive Drug Abuse Prevention
11 and Control Act of 1970 (Chapter 13 (cornmencing with Section 801) of Title 21 of the United
12 States Code), classifying cannabis as a "Schedule I" controlled substance, which means that
13 the drug or other substance has a high potential for abuse, the drug or other substance has
14 no currently accepted medicinal use in treatment in the United States, and there is a lack of
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accepted safety for use of the drug or other substance under medical supervision; and,
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17 WHEREAS, In the intervening 33 years since cannabis was classified as a Schedule 1
18 controlled substance, studies have indicated that cannabis is therapeutic in the treatment of a
19 number of serious ailments, and is less toxic and less costly than many conventional
20 medicines for which it may be substituted; and,
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22 WHEREAS, A well-established medicinal use of cannabis is as an antinauseant for
23 chemotherapy for cancer treatment for patients who do not respond well to other antinausea
24 medications; and,
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1 WHEREAS, A federally commissioned 1999 report by the National Academy of
2 Sciences determined that the active components of cannabis are potentially effective in
3 treating pain, nausea, and AIDS wasting, as well as symptoms associated with other
4 conditions, including multiple sclerosis; and,
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WHEREAS, The use of cannabis alleviates nausea, vomiting, and loss of appetite
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7 experienced by many AIDS patients, without accelerating the rate at which persons who are
8 HIV positive develop clinical AIDS or other illnesses; and,
9 WHEREAS, Clinical evidence also points to the effectiveness of cannabis as a
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therapeutic agent in the treatment of a variety of spastic conditions, such as multiple sclerosis,
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12 paraplegia, epilepsy, and quadriplegia; and,
13 WHEREAS, The 1999 National Academy of Sciences report noted that cannabis
14 seems to alleviate muscle spasms associated with multiple sclerosis; and,
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WHEREAS, Researchers from the University of San Francisco have found that the use
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17 of cannabis modulates pain signals in much the same way as morphine and other opiates,
18 and the report from the Institute of Medicine of the National Academy of Sciences concluded
19 that cannabis use can produce significant analgesic effects; and,
20 WHEREAS, The results of this research have led the Society for Neuroscience to
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pronounce that cannabis could relieve the pain of tens of millions of Americans each year;
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23 and,
24 WHEREAS, Research indicates that cannabis compounds may protect brain cells
25 during a stroke, and researchers at the National Institute of Mental Health have called
I compounds in cannabis potent antioxidants, which are relied on by doctors to protect stroke
2 victims from toxic levels of a brain chemical called glutamate; and,
3 WHEREAS, Despite the legal prohibition against physicians prescribing cannabis,
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many medical oncologists accept cannabis's medical use in treatment and therefore
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recommend it to patients to ease their pain and suffering; and,
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7 WHEREAS, The 1999 National Academy of Sciences report concluded that cannabis is
8 "promising for treating wasting syndrome in AIDS patients," and that for patients who are
9 undergoing chemotherapy and who suffer simultaneously from severe pain, nausea, and
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appetite loss, "cannabinoid drugs might offer broad-spectrum relief not found in any other
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12 single medication," and that "[t]here will likely always be a subpopulation of patients who do
13 not respond well to other medications"; and,
14 WHEREAS, Between 1978 and 1996, legislatures in 34 states and the District of
15 Columbia passed laws recognizing the therapeutic value of cannabis, and 23 of those laws
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remain in effect today; and,
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18 WHEREAS, Since 1996, eight states have accepted the medical use of cannabis in
19 treatment and have passed laws allowing a seriously ill patient with a recommendation from
20 his or her physician to possess and use cannabis for medicinal purposes; and,
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WHEREAS, The eight states that have adopted compassionate medical cannabis laws
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23 by voter initiative include California, Alaska, Colorado, Maine, Nevada, Oregon, Washington,
24 and Montana; and,
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1 WHEREAS, The Legislatures of the States of Hawaii, Maryland, Rhode Island, and
2 Vermont passed similar medical cannabis law; and,
3 WHEREAS, On (date state medical marijuana law was passed), the people of the State
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of (your state) adopted the (title of state medical marijuana law), in order to allow seriously ill
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residents of the state who have the oral or written recommendation of a physician to use
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7 cannabis for medicinal purposes without fear of criminal liability under state law; and,
8 WHEREAS, These laws do not legalize cannabis or alter criminal penalties regarding
9 the possession or cultivation of cannabis for recreational use, they do not establish a legal
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supply for patients to obtain the drug, and they do not authorize physicians to prescribe
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12 cannabis, which remains classified as a Schedule I drug under (your state) law; and,
13 WHEREAS, These laws merely provide a narrow exemption from prosecution for
14 patients who use cannabis for medicinal purposes; and,
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WHEREAS, Although these laws protect patients physicians from state criminal
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17 penalties, they do not shield patients or their physicians from federal prosecution; and
18 WHEREAS, Despite the adoption of this initiative in (your state), a terminally ill patient
19 may be prosecuted under federal law for possessing cannabis for medicinal use; and,
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21 WHEREAS, A majority of Americans support legalizing the medicinal use of cannabis
22 for seriously ill patients, and the results of a March 26, 1999, Gallup poll show that 73 percent
23 of Americans support making cannabis available to doctors so they may prescribe it; and,
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WHEREAS, Compassion demands that we allow seriously ill citizens of the United
2 States to gain access to, possess, and use cannabis to alleviate their pain and suffering; and,
3 WHEREAS, Medical professionals in our society should not be required to subject
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themselves to the threat of federal criminal prosecution in order to treat patients with a
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substance that has been widely accepted by their profession as an effective treatment for
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7 certain symptoms or conditions; and,
8 WHEREAS, In July of 2002, Bryan Epis, who was associated with the Chico Medical
9 Marijuana Caregivers, was sentenced to 10 years in prison after a trial in which the federal
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court judge excluded medical evidence, and Mr. Epis was convicted of conspiracy to grow
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cannabis; and,
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13 WHEREAS, On September 5, 2002, armed agents of the United States Drug
14 Enforcement Administration entered onto the private premises and home of Valerie and Mike
15 Corral, threatening the Corrals and other sleeping patients of the Wo/Men's Alliance for
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Medical Marijuana in Santa Cruz, California; and,
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18 WHEREAS, Federal agents arrested the Alliance directors, handcuffed handicapped
19 patients at gunpoint, and destroyed a cannabis crop intended for the medical treatment of the
20 approximately 250 gravely ill patients of the nonprofit, patient-run cooperative; and,
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WHEREAS, On December 12, 2005, the Drug Enforcement Administration raided at
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23 least 13 medical marijuana dispensaries throughout San Diego, seizing patient records,
24 computers, files, and medical marijuana, though no charges have been filed; and,
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I WHEAREAS, On March 14, 2006, Drug Enforcement Administration agents broke
2 down the door of patient Garry Silva in Sky Valley, California, causing injury to Silva, including
3 a broken collar bone and lacerations to This face, and sending him to the emergency room;
4 and,
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WHEAREAS, Silva was not arrested or charged with any crime, but was warned by
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7 agents that he would be arrested if he continues to grow his medicine, and Silva, a licensed
8 contractor, has been out of work since the raid due to his injuries; and,
9 WHEAREAS, On May 2, 2006, in Bel Air, Maryland, Drug Enforcement Administration
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agents broke down the door of multiple sclerosis patient Kimberlee Jones, causing Jones to
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enter an multiple sclerosis attack; and,
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13 WHEAREAS, Federal agents left Jones lying on the floor, while they ransacked her
14 house in search of marijuana, until Jones's husband returned and demanded they call an
15 ambulance; and,
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17 WHEREAS, There appears to be an ever-quickening pace of arrest, intimidation, and
18 harassment of bona fide patients, providers, physicians, and caregivers, by the agents of the
19 federal government; and,
20 WHEREAS, Federal authorities have already arrested, detained, or confiscated the
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property of over 40 medical marijuana patients and caregivers, many of whom were working
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23 in cooperation with local elected leaders and law enforcement officials; and,
24 WHEREAS, The federal attorneys and judges responsible for prosecution of patients
25 and caregivers and adjudication of medical cannabis cases under federal law have kept from
I juries evidence that the use of cannabis for medical purposes in certain cases has been in
2 accordance with state statutes and case law; and,
3 WHEREAS, Members of juries have expressed outrage at the conduct of the federal
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attorneys and judges, whom the jury members believe actively mislead them, causing them to
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hand down inappropriate verdicts against defendants who cultivated cannabis in accordance
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7 with state laws and local ordinances; and,
8 WHEREAS, The Hinchey amendment to the Science-State-Justice-Commerce
9 Appropriations bill states that "None of the funds made available in this Act to the Department
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of Justice may be used to prevent the states of Alaska, California, Colorado, Hawaii, Maine,
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12 Maryland, Nevada, Oregon, Rhode Island, Vermont, or Washington from implementing State
13 laws authorizing the use of medical marijuana in those States", therefore, be it
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RESOLVED, That The (Board of Supervisors or City Council) of the (City or County) of
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(your city or county) hereby urges U.S. Representative of the (Congressional District#)
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Congressional District of (your state) (Congressional Representative's Name) to vote for the
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Hinchey amendment to the Science, State, Justice and Commerce (SSJC) Appropriations bill;
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and, be it
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FURTHER RESOLVED, That The (Board of Supervisors or City Council) of the (City or
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County) of (your city or county) urges the House of Representatives and Senate of the United
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States to vote affirmatively on and pass the amendment; and, be it
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FURTHER RESOLVED, That (Board of Supervisors or City Council) of the (City or
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County) of (your city or county) urges the President of the United States to sign the bill into
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law.
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