Title
Subject: Declaration of a Local Emergency due to AIDS epidemic
From: Office of the City Attorney
Recommendation: Adopt a Resolution renewing and continuing the City Council's Declaration of a Local Emergency due to the existence of a critical public health crisis with regard to the AIDS epidemic
Body
WHEREAS, nationally, thirty-two percent (32%) of all adult / adolescent
Al DS cases are related to intravenous ("IV") drug use and seventy-one percent (71 %) of female AIDS cases are linked directly or indirectly to IV drug use; and
WHEREAS, of all the pediatric AIDS cases related to a mother with or at
risk for HIV infection, seventy percent (70%) of such cases are directly related to
maternal exposure to HIV through IV drug use or sex with an IV drug user; and
WHEREAS, according to the HIV / AIDS Epidemiology Report for
Alameda County dated June 2000, fifty-eight percent (58%) of the 5,725 persons who
have been diagnosed with AIDS in Alameda County reside in the City of Oakland; and
WHEREAS, as of June 2000 there were 1,291 people living with AIDS in
the City of Oakland; and
WHEREAS, according to the HIV / AIDS Epidemiology Report for
Alameda County dated June 2000, twenty percent (20%) of the males living with AIDS
are IV drug users and forty-six percent (46%) of the females are IV drug users; and
WHEREAS, the twin epidemic of IV drug use and AIDS / HIV are
overwhelming our help care systems are having a devastating impact upon the public
health and safety of our citizenry; and
WHEREAS, the high rate of HIV infection among IV drug users threatens
to increase the number of HIV-infected persons unless steps are taken to stem the
spread of the disease; and
WHEREAS, a high rate of HIV infection among IV drug users causes the
spread of AIDS among peoplewho are the sex partners of IV drug users; and
WHEREAS, the September 1993 report entitled "The Public Health
Impact of Needle Exchange Programs in the United States and Abroad", based on a
study commission by the Center for Disease Control and Prevention, concluded that the
data suggest that needle exchange programs can prevent significant numbers of
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infections among clients of the programs, their drug and sex partners and their offspring
and the data provide no evidence that needle exchange programs increase the amount
of drug use by needle exchange program clients or change overall community levels of
injection and non-injection drug use: and
WHEREAS, the aforesaid September 1993 report based on a study commissioned by
the Centers for Disease Control and Prevention recommends that states repeal
paraphernalia laws as they apply to syringes, that the federal government repeal the
ban on the use of federal funds for needle exchange services and that local
governments and communities develop a comprehensive approach to preventing HIV in
IV drug users, their sex partners and their offspring that should include needle
exchange programs and the expansion of drug treatment services; and
WHEREAS, other jurisdictions in the Bay Area, namely, the City of Berkeley, the City
and County of San Francisco, and 'the County of Marin have recognized the gravity of
the AIDS epidemic by declaring that a local emergency exists in their jurisdictions with
regard to the transmission of the HIV virus; and
WHEREAS, the City Council of the City of Oakland has declared its support of needle
exchange programs as a strategy to assist in the effort to limit the spread of the HIV
'AIDS epidemic; and
WHEREAS, the City Council passed Resolution No. 70644 C.M.S. on December 14,
1993, declaring a local emergency with regard to the AIDS epidemic; and
WHEREAS, the California State Legislature passed and the Governor signed into law
Assembly Bill 136 which amended the California Health and Safety Code to provide an
exemption from criminal prosecution for public entities, their agents and / or employees
for distribution of hypodermic needles or syringes to participants in clean needle and
syringe exchange projects authorized by the public entity pursuant to a declaration of a
local emergency due to the existence of a critical local public health crisis; now,
therefore be it
RESOLVED: That the City Council of the City of Oakland finds and proclaims that a
local emergency exists due to a critical local public health crisis regarding the AIDS
epidemic and the transmission of HIV infection through contaminated hypodermic
needles and pursuant to Government Code section 8630 does so declare; and be if
further
RESOLVED: That the City Council of the City of Oakland hereby proclaims and orders
that a local emergency continues to exist within the City of Oakland which led to the
enactment of its December 14, 1993 local emergency declaration, pursuant to
Resolution No. 70644 C.M.S., and the emergency will continue until its termination is
proclaimed and ordered by the City Council, and will be reviewed every 14 days by the
City Council pursuant to Government Code section 8630, and be it further
RESOLVED: That the City Clerk shall communicate this resolution to all City
Departments, to the President Pro Tempore of the California Senate and the Speaker of
the California Assembly, to the Alameda County District Attorney, to the California
Congressional delegation and Senators, and to President Bush.
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
cc-
ORAICOUNCIL
SEP I 6 2003
OAKLAND CITY COUNCIL APP ved as to For7l Legality
YE
f@@@Clt @
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
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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-
ATTESTi
CEDA FLOYD
City Clerk and Clerk of the Council
of the City of Oakland. California
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ORA/COUNCIL
SEP I 6 2003