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HomeMy WebLinkAbout07/20/1993, 9 - MARIJUANA FOR MEDICAL USE Y MEETING AT ���H�����►iu►Ilil�lli° llUlh city of san . .is oBispo 7 �A COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Ann Slate, Personnel Director;'; SUBJECT: Marijuana For Medical Use CAO RECOMMENDATION: Consideration of a Resolution supporting the use of Marijuana for medical purposes and advising county, state and federal elected officials of this support. DISCUSSION: Background o� . At the May 25, 1993 City Council Meeting, representatives from Citizens for Medical Marijuana requested Council consideration of a resolution supporting the use of marijuana for those who are seriously ill. The Council directed staff to review the issue and bring it back to them on a future agenda. Citizens for Medical Marijuana is a group of San Luis Obispo County residents who believe the current law that eliminates.marijuana from the list of medicines available by prescription needs to be changed. They have approached local jurisdictions seeking support through the establishment of policies favoring availability of medical marijuana, and the communication of such policies to various state and federal governmental officials and representatives. Earlier this year, the group approached the San Luis Obispo County Board of Supervisors with a proposed ordinance which would establish a county policy favoring the availability of marijuana for medical use. The Supervisors directed the County Department of Health to conduct an analysis of the issue from a scientific/medical perspective. Tom Maier, Director of Disease Prevention, is conducting the research and gathering data to present to the Board. Prior to Board consideration, the County's Alcohol and Drug Advisory Board will be reviewing the Health Department's analysis and advising the supervisors of their findings. On July 12, 1993, the City of Morro Bay will be conducting a public hearing prior to consideration of a resolution supporting the use of medical marijuana. The Morro Bay resolution is essentially the same resolution the Citizens for Medical Marijuana are asking the San Luis Obispo Council to consider. The cities of Santa Cruz and San Francisco have adopted voter initiated policies endorsing the use of medical marijuana. The County of Marin has adopted a similar ordinance. Purpose of the Resolution The resolution serves as an acknowledgement of the medical benefits of marijuana when used as prescribed treatment for disease, relief of pain or any medical purpose as determined by•a licensed physician. �������►�►►uuilllllllli°u ����U city of San tl OBISpo COUNCIL AGENDA REPORT Page 2 Further, it requires the Council to transmit the resolution to the County of San Luis Obispo, the Governor of California, state and federal legislative representatives of the City as well as the President of the United States urging them to take action to restore marijuana to the list of available medicines which can be prescribed by licensed physicians. Additionally the resolution advocates support of State Senate Joint Resolution ##8 introduced by Senators Mello and Marks in March of 1993. (Attachment 1) Conclusion i The Citizens for Medical Marijuana believe in the medical benefits of marijuana. They are working to have the law changed that prohibits the use of marijuana and that classifies it as a dangerous substance with no known medical value. To accomplish the goal of having marijuana reclassified to a drug with known medical value, the Citizens for Medical Marijuana are asking the City Council and other local agencies to adopt policies supporting the use of marijuana for medical purposes and to advise other elected officials of their policies. This resolution in no way advocates illegal drug abuse nor the recreational use of marijuana for non-medical purposes. It does not compromise the law enforcement of current criminal sanctions. It is advisory, only, to the county, state and federal.governments. CONCURRENCES: The City Attorney in his review opined that the proposed resolution does not raise any significant legal issues concerning preemption or otherwise. ]FISCAL EMPACT: None ALTERNATIVES: 1. Adopt the resolution as presented in Exhibit A. 2. Defer adoption of the resolution until the County of San Luis Obispo Health Department has issued its scientific/medical analysis of the use of medical marijuana. 3. Do nothing at this time. ATTACHMENT Senate Joint Resolution 48 Introduced b. Senators ;hello and Marks Alarch 3, 1993 Legislative Counsel's Digest SJR No. 8 Relative to cannabis/marijuana. SJP, 8, as introduced, Mello. Controlled substances: cannabis!marijuan_-. This measure Would memorializze the President and the Congress of the United States to enact appropriate legislation to permit cannabis/marijuana to be prescribed by licensed physicians and to ensure a safe and affordal.lc supphof canttabiwwantuatia fut medical use. Fiscal Committee: no. SJR #8 (Full Text) RTMRMAS, Scientific and medical studies by the Natioual Academy of Sciences have sho% n Cannabis..'Marijuana to be a safe and effective medicine with ven, lo«- tosic;n, compared to most prescription drugs. It has been sho kn to be effective in the treatment „+' glaucoma; epilepsy: muscle spasticity; artliritib, the nausea. voluitir►tt and appetite lis, associated with chemotherapies an.%ietg and depression; and the syntptonts of�ithdra.�al imm alcohol and narcotics. WIEER)_;AS, Studies show that one third of all causer patients diswutuwe potentially life-saviug chemotherapy due to the severe and debilitating side effccts and the same is tnrc for marl-:>,IDS patients receiving AZT or other similar therapies; and NNMEREAS, Must physicians surveyed said that they would prese 'I& CannabisAlariit,ana if legally available and one-half of all cancer of all cancer specialists surveyed said that they have already encourager) at least one of their patients to break the lawand use Cannabis/Mariivana to ease the violent nausea and vomiting associated with their current treatments; and «'I IFRF.15; In Niav of 1901, the United Nation Narcotic Control Board voted overwhelmingly to reclassify Cannabis/Ivlariivana's active ingredient, placing it back on &-hedule U and urade available by prescriptiott, and malting it available by prescription. and the United States representative to this board voted in favor of rescheduling; and ?-3 I%H REAS, Despite a federal court.order recognizing the "clearly established medical value" of Cannabis/ATarijuana and mandating that it be reclassified to Schedule II and made available by prescription, the federal government continues to deny access to this safe and effective medicine; and ' WIMREAS, By its own admission, the federal government continues to deny access to Cannabis/Marijuana for political rather than medical reasons,. and are using patients as pawns in the ever-escalating war on drugs by following current policies which place message before medicine, convenience before compassion, and politics before patients; now, therefore, be it Resolved by the Senate and Assembly of the State of California, jointly, that the Legislature of the State of California respectfully memorializes the President and the Congress of the United States to enact appropriate legislation to permit cannabis/manjuana to be prescribed by a licensed physicians and to ensure a safe and affordable supply of cannabis/marijuana for medical use; and be it further Resolved, that the Secretary of the Senate transmit copies of this resolution to the President and the Vice President of the United States, to the Speaker of the House of Representatives, and to each Senator and Representative from California in the Congress of the United States. EXHIBIT A RESOLUTION NO. (1993 Series) CITY OF SAN LUIS OBISPO RESOLUTION SUPPORTING THE USE OF MEDICAL MARIJUANA WHEREAS, For the purposes of this resolution, "Cannabis/Marijuana medical preparations" shall mean: all products made from Cannabis/Marijuana, in any form .'-intended or used for human consumption, for the treatment of any disease, the relief of pain, or as an adjunct to any medical procedure for the treatment of Cancer, Glaucoma, or HIV/AIDS; or for any other medical healing purpose defined within the bounds of the patient/doctor relationship; and WHEREAS, Scientific and medical studies by the National Academy of Sciences have shown Cannabis/Marijuana to be a safe and effective medicine with very low toxicity compared to most prescription drugs, and that Cannabis/Marijuana has been shown to be effective in the treatment of glaucoma, epilepsy, multiple sclerosis, muscle spasticity and arthritis, the nausea, vomiting and appetite loss associated with chemotherapies, anxiety and depression, and the symptoms of withdrawal from -alcohol and narcotics; and WHEREAS, Studies show that one-third of all cancer patients discontinue potentially life-saving chemotherapy due to severe and debilitating side effects, and that the same is true for many HIV/AIDS patients receiving AZT or other similar therapies, and that a 1990 poll of oncologists conducted by the John F. Kennedy School of Public Policy at Harvard University, found overwhelming acceptance of 9-S Resolution No. (1993 Series) Page 2 Cannabis/Marijuana's medical utility, and that nearly 70% of the cancer specialists said they would prescribe Cannabis/Marijuana if it were legal to do so; and WHEREAS, Despite a federal court order recognizing the "clearly established medical value" of Cannabis/Marijuana and mandating that it be reclassified and available by prescription, the federal government continues to deny access to this substance; and NOW, THEREFORE, BE IT RESOLVED, that within thirty (30) days of the adoption of this resolution, the San Luis Obispo City Council shall transmit the text of this resolution to the County of San Luis Obispo and to the President of the United States, the Governor of the State of California, and the Federal and State Legislative Representatives of the City of San Luis Obispo, and urge them to take whatever actions may be in their power to: A) Restore Cannabis/Marijuana preparations to the list of available medicines which can be prescribed by licensed physicians. B) Provide for by law and institute such mechanisms as may be necessary, to ensure a safe and affordable supply of Cannabis/Marijuana for medical use; and BE IT FURTHER RESOLVED that the Mayor communicate the City Council's support of Senate Joint Resolution #8 to the City's state legislative representatives. Upon motion of , seconded by and on the following roll call vote: 9-� Resolution No: (1993 Series) Page 3 AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 1993. Mayor Peg Pinard ATTEST: Diane Gladwell, City Clerk APPROVED: City Administrative Officer Py/y ttor ey SBannlum 9- 7 _ I _ .TIN ZD 93AGEi��DA DATE Z= ITEM # U. DANN TORRANCE Professional Engineer Mayor Peg Pinard and City Council Members : I understand you are about to consider a request for the city to recommend that the use of marijuana be acceptable for so—called medicinal uses for terminal cases . I strongly urge you give no serious consideration to this request . We enough trouble in our city, state , and country with alcohol without adding to that with Marijuana . There is percription medicine available for those who indeed need it . We should give our attention to the reduction of use of drugs , such as has been done so well with tobacco , and give no consideration to expansion of use . The city is certainly commended by many sources for the job:- done on tobacco , and we should continue down that path. C- DVEU Thank you JUL 19 1993 CITY COUNCIL SAN LUIS OBISPO,CA U. Dann Torrance COPi,.^''-..-,TO: i ❑•D^ora ACE= ❑ FYI 17 ❑ CDD DUL ❑ FIN.MR. T10, � Y ❑_ FVI DIR. I ?K/(}it: . I) TYJLiCEC}L ❑ M1I ❑ T -EC.Dv UZZAD L£ ❑ ILD CONSULTING INDUSTRIAL ENGINEERING MANAGEMENT 77 HIGHLAND DRIVE APPRAISALS SAN LUIS OBISPO. CA 93401 805/541-2033 MEETING AGENDA DATE @2U 3 POSITION STATEMENT: San Luis Obispo County Medical Society Facts Concerning the Medical Use of Marijuana, 1993 Recently, the medical uses of marijuana have been 191 Casa Street highlighted in the local media as proponents of P.O.Box 319 "legalized uses and access" have urged local San Luis Obispo, governments to pass resolutions concerning the California 93406 medical use of marijuana. As often occurs, factual LU scientific information is lacking in the discussion and ❑6 D--xl m AdiFYI debate concerning the medical indications of E�'c� o � R cannabinoid substances. The purpose of this "position �r�cAo ❑ mE� statement" is to clearly and factually outline the a�i e. o ucic. current scientific status of marijuana use in medical ❑ MGW.Tr.A.*a Cl REC DR D>R. practice. °f.Fc� El YM 1. THE MEDICAL USE OF CANNABINOID SUBSTANCES (Dronabinol, trade named Marinol) FOR ONCOLOGY PATIENTS SUFFERING FROM CHEMOTHERAPY-INDUCED NAUSEA IS LEGAL, AND IT IS EASILY OBTAINABLE FROM LOCAL PHARMACIES. IT IS ALSO USED AS AN APPETITE STIMULANT IN THE TREATMENT OF AIDS-RELATED ANOREXIA ASSOCIATED WITH WEIGHT LOSS. IT HAS BEEN AVAILABLE SINCE 1981. 2. Licensed physicians and surgeons can dispense Marinol (delta-9- tetrahydrocannabinol or THC) using California State triplicate forms, just as other Class II controlled substances are prescribed and monitored (e.g. Morphine, Demerol, barbiturates, etc.). It is stocked in capsule form in local pharmacies to be used as needed. Cost is comparable to other anti-nausea medications. THERE IS NO JUL 19 1993 CITY COUNCIL SAN LUIS OBISPO,CA PAGE 2 OF 3 GOVERNMENTAL CONSPIRACY TO KEEP CANNABINOIDS AWAY FROM PATIENTS WHO REQUIRE THIS MEDICATION FOR NAUSEA OR OTHER MEDICAL INDICATIONS. 3. Marinol is not very popular among cancer patients as other more potent and effective anti-nausea medications have been developed. The capsule form of marijuana has been demonstrated to be a more pharmacologically potent medication than the inhaled form of marijuana. Documented undesirable side-effects of Marinol include dysphoria, anxiety reactions, toxic psychosis, hallucinations and orthostatic hypotension. In addition there has been concern about adverse interaction in elderly patients with preexisting medical conditions such as coronary artery disease, cerebrovascular disease, chronic hypertension, chronic obstructive pulmonary disease and asthma. (The California Cannabis Therapeutic Program Investigators Brochure and Protocol Supplement, 1981). 4. Several local physicians and hospitals were enrolled with the California Cannabis Therapeutic Program from January 1, 1981 - October 1, 1986. Participants in this F.D.A./National Cancer Institute Study were supplied either oral cannabinol (THC) in 30mg. capsules or cigarettes with 12mg. THC. Several patients reported improved anti-nausea control, however the majority of patients using cannabinoids found side-effects that were undesirable. Most cancer patients find the current generation of anti-nausea drugs superior to the cannabinoids. he Medical Letter, Vol. 29, June 1, 1988, pp 2-4). 5. The California Medical Association endorsed a resolution during its 1992 House of Delegates concerning Protocols for Prescribing Cannabinoids. "That while opposing the recreational use of marijuana, C.M.A. believes therapeutic use of cannabinoids under the direction of a physician may be appropriate for certain conditions: and be it further resolved that C.M.A. encourage a comprehensive study to determine the appropriate protocols PAGE 3 of 3 _. for the prescriptive use of cannabinoids." Resolution 716-92 6. Since cannabinoids are legally accepted and obtainable for medical purposes, access is not an issue. Cigarette forms of marijuana are not considered therapeutically preferred because of erratic, inconsistent pharmacokinetic absorption, dosing and detrimental side effects. Recent studies released have objectively demonstrated that smoking marijuana cigarettes "exposes the user to a four-fold increase in the quantity of insoluble smoke particulates (tar) than did smoking a filtered tobacco cigarette of comparable weight, thus amplifying the exposure of the marijuana smoker to the carcinogens in the tar phase and increasing the risk of respiratory tract carcinogenesis." (Tashkin, D.P. "Is Frequent Marijuana Smoking Harmful to Health?" Western Journal of Medicine, June, 1993, pp4-6)-. THUS IN SUMMARY, MARIJUANA (MARINOL, THC) IS CURRENTLY LEGAL AND AVAILABLE TO PATIENTS WHO REQUIRE AND DESIRE THIS DRUG. IT IS EASILY ACCESSIBLE AT THE LOCAL PHARMACIES, REQUIRING A PHYSICIANS PRESCRIPTION. THE CAPSULE FORM IS PREFERABLE TO THE INHALED FORM BECAUSE OF PREDICTABLE DOSING, AND PHARMACOLOGIC CONTROL. MARIJUANA CIGARETTES ARE NOT CONSIDERED AN ACCEPTABLE DELIVERY SYSTEM BECAUSE OF THE LARGE TAR RESIDUE AND OTHER COMBUSTION BY-PRODUCT EXPOSURE TO THE USER. FURTHERMORE, THE CURRENT GENERATION OF ANTINAUSEA MEDICATIONS ARE SUPERIOR TO THE CANNABINOIDS IN TERMS OF EFFECTIVENESS, SAFETY AND INCIDENCE OF DELETERIOUS SIDE EFFECTS. RendH. Bravo, M.D. President, San Luis Obispo County Medical Society 7/16/931