Title
Subject: Medical Cannabis health emergency
From: Office of the City Attorney
Recommendation: Adopt a Resolution renewing the City Council's Declaration of a local public health emergency with respect to safe, affordable access to Medical Cannabis in the City of Oakland
Body
ved as to Form 9-n-<
OAKLAND CITY COUNCIL
Attorney
RESOLUTION No. C.M.S.
RESOLUTION RENEWING THE CITY COUNCIL'S
DECLARATION OF A LOCAL PUBLIC HEALTH
EMERGENCY WITH RESPECT TO SAFE, AFFORDABLE
ACCESS TO MEDICAL CANNABIS IN THE CITY OF
OAKLAND
WHEREAS, on November 5, 1996, the voters of California passed
Proposition 215, the Compassionate Use Act of 1996, by a YES vote of 55.7 percent,
and the residents of Oakland voted YES for Proposition 215 by an overwhelming 79.3
percent; and
WHEREAS, marijuana has been shown to help alleviate pain and
discomfort in people suffering from a variety of illnesses including AIDS, cancer,
glaucoma, and multiple sclerosis when no other medications have been effective; and
WHEREAS, the City Council of the City of Oakland finds that many of
Oakland's residents are suffering from life-threatening or serious illnesses whose painful
symptoms are alleviated by the ingestion of cannabis; and
WHEREAS, there is a need to ensure that patients have access to a safe
and affordable supply of medical grade marijuana and cannabis products; and
WHEREAS, the City Council finds that the Oakland Cannabis Buyers'
Cooperative has provided a well-organized, safe and responsible opportunity for
seriously ill persons to obtain medical cannabis in furtherance of a course of medical
treatment; and
WHEREAS, the Oakland City Council passed Resolution No. 72516
C.M.S. supporting the activities of the Oakland Cannabis Buyers' Cooperative and
declaring it to be the policy of the City of Oakland that the investigation and arrest of
certain individuals involved with the medical use of marijuana shall be a low priority for
the City of Oakland; and
WHEREAS, in furtherance of the City's goal of ensuring a safe and
affordable supply of medical grade marijuana and cannabis products for seriously ill
Oakland residents whose physicians have recommended or approved medical cannabis
use in the treatment of their illnesses, the Oakland City Council, pursuant to Ordinance
Item MEW
ORA/Council
July 15, 2003
No. 12076, established a City of Oakland marijuana distribution program and
designated the Oakland Cannabis Buyers' Cooperative as the City's agent to administer
the program, and
WHEREAS, in January 1998, the United States of America filed an action
asking the federal district court to enjoin the Oakland Cannabis Buyers' Cooperative
and five other entities from providing medical cannabis to seriously ill persons who are
authorized by Proposition 215 to use medical cannabis to alleviate their pain and
suffering,and
WHEREAS, on May 19, 1998 the federal district court issued a
preliminary injunction ordering the Oakland Cannabis Buyers' Cooperative to cease
engaging in the manufacture and distribution of marijuana, on the ground that such
activities likely violate federal drug laws, and
WHEREAS, on October 13, 1998 the federal district court authorized the
U.S. Marshal to enforce the aforesaid preliminary injunction by entering the
cooperative's premises located at 1755 Broadway in Oakland, evicting any and all
tenants and padlocking the doors to such premises; and
WHEREAS, on October 19, 1998, the Oakland Cannabis Buyers'
Cooperative voluntarily ceased its operations at 1755 Broadway; and
WHEREAS, the Oakland Cannabis Buyers'Cooperative provided medical
cannabis to two thousand two hundred (2,200) seriously ill persons, approximately two-
thirds of whom are living with AIDS, and
WHEREAS, the closure of the Oakland Cannabis Buyers' Cooperative
impairs public safety by encouraging a market for street narcotic peddlers to prey upon
Oakland's ill residents by selling them marijuana that may be contaminated and will be
of unknown content and potency, and
WHEREAS, the City Council finds that the closure of the Oakland
Cannabis Buyers' Cooperative will cause pain and suffering to seriously ill Oakland
residents who are unable to cultivate medical strains of cannabis for their personal use
and therefore either no longer have access to medical cannabis to alleviate their pain
and suffering or purchase contaminated cannabis from street narcotic peddlers; and
WHEREAS, on October 27, 1998, The City Council passed Resolution
No. 74618 C.M.S. declaring a local public health emergency with respect to safe,
affordable access to medical cannabis in the City of Oakland;
NOW THEREFORE, be it
RESOLVED: that the City Council of the City of Oakland finds that a
public health emergency exists with respect to access to an affordable and safe supply
of medical cannabis, and pursuant to Government Code Section 8630 does so declare,
and be it further
RESOLVED: that the City Council finds that the thousands of seriously ill
persons who obtained medical cannabis from the Oakland Cannabis Buyers'
Cooperative will endure great pain and suffering and in some cases may die as a result
of the closure of the cooperative and other entities that supplied medical cannabis; and
be it further
RESOLVED: that the City Council of the City of Oakland urges the federal
government to desist from any and all actions that pose obstacles to access to cannabis
for Oakland residents whose physicians have determined that their health will benefit
from the use of marijuana and recommended or approved medical cannabis use for
such residents; and be it further
RESOLVED: that the City Council urges the Alameda County Board of
Supervisors to declare a public health emergency with respects to access to medical
Cannabis; and be it further
RESOLVED: that copies of this resolution shall be forwarded to Senators
Boxer and Feinstein, Congresswoman Lee, and the President of the United States
urging federal policy-makers to dismiss the current lawsuits against California's
cannabis buyers' clubs and cooperative; and be it further
RESOLVED: that copies of this resolution shall be forwarded to Governor
Gray Davis, Attorney General Lockyer and all representatives of the City of Oakland in
the State Legislature, urging them to comply with the will of the voters as articulated in
Proposition 215 by implementing a plan to provide for safe and affordable distribution of
marijuana to all patients in medical need of marijuana.
IN COUNCIL, OAKLAND, CALIFORNIA, 2003
PASSED BY THE FOLLOWING VOTE:
AYES- BROOKS, BRUNNER, CHANG, NADEL, QUAN, REID, WAN and PRESIDENT
DE LA FUENTE
NOES-
ABSENT-
ABSTENTION-
ATTEST:
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland, California
Item 10-SM
ORA/Council
July 15, 2003