Santa Cruz County Measure A
Marijuana For Medical Use Initiative

This measure was passed by over 75% of the vote.

(Full Text of Proposed Initiative)

The people of the County of Santa Cruz do ordain as follows:

SECTION 1. TITLE:

The title of this ordinance shall be: The Santa Cruz County Medical Marijuana Ordinance.

SECTION 2. PURPOSE:

The purposes of this ordinance are:

  1. To express the compassion of the people of Santa Cruz County for the medically challenged in our community whose sufferings would be alleviated by the use of medical marijuana.

  2. To express the strong support of the people of Santa Cruz County for the restoration of Cannabis / Marijuana medical preparations to the list of available medicines which can be prescribed by licensed physicians.

  3. To direct the elected officials of Santa Cruz County to take whatever actions may be within their power to support the availability of Cannabis / Marijuana for medical use.

SECTION 3. DEFINITIONS:

For the purposes of this ordinance, Cannabis / Marijuana medical preparations shall mean: all products made from cannabis or 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 AIDS; or for any other medical or healing purpose defined within the bounds of the doctor/patient relationship.

SECTION 4. FINDINGS:

The people of the County of Santa Cruz make the following findings:

  1. Safe And Effective Medicine.

    2. Scientific and medical studies by the National Academy of Science have shown Cannabis / Marijuana to be a safe and effective medicine with very low toxicity compared to most prescription drugs. It has been shown to be effective in the treatment of glaucoma; epilepsy; muscle spasticity; arthritis; the nausea, vomiting and appetite loss associated with chemotherapies; anxiety and depression; and the symptoms of withdrawal from alcohol and narcotics.

  2. Doctors And Patients Need The Cannabis / Marijuana Option.

    3. Studies show that one-third of all cancer patients discontinue potentially life-saving chemotherapy due to the severe and debilitating side effects. The same is true for many AIDS patients receiving AZT or other similar therapies. Most physicians surveyed said that they would prescribe Cannabis / Marijuana if legally available. Half of all cancer specialists surveyed said that they have already encouraged at least one of their patients to break the law and use Cannabis / Marijuana to ease the violent nausea and vomiting associated with their current treatments.

  3. United Nations Approves Prescription Marijuana.

    4. In May of 1991, the United Nations Narcotic Control Board voted overwhelmingly to reclassify Cannabis / Marijuana, placing it back on Schedule 2, and making it available by prescription. The United States Representative to this board voted in favor of rescheduling.

  4. Federal Court Orders Prescription Marijuana.

    5. Despite a Federal Court Order recognizing the "clearly established medical value" of Cannabis / Marijuana, and mandating that it be reclassified to Schedule 2 and available by prescription, the federal government continues to deny access to this safe and effective medicine.

  5. Politics Before Patients.

    6. By its own admission, the federal government continues to deny access to Cannabis / Marijuana for political rather than medical reasons. Using patients as pawns in the ever-escalating War on Drugs, current policies place message before medicine, convenience before compassion, and politics before patients.

SECTION 5. IMPLEMENTATION.

  1. Within 90 (ninety) days of the certification of the November 3, 1992 General Election, the Santa Cruz County Board of Supervisors shall transmit the text of this ordinance to the President of the United States, the Governor of the State of California, and the Federal and State Legislative Rep- representatives of Santa Cruz County and urge them to take whatever actions that may be in their power to:

    1. Restore Cannabis / Marijuana medical preparations to the list of available medicines which can be prescribed by licensed physicians.

    2. Provide for by law and institute such mechanisms as may be necessary to insure a safe and affordable supply of Cannabis / Marijuana for medical use.

  2. The Board of Supervisors shall request the Sheriff and the District Attorney to adhere to the spirit of this ordinance in setting their priorities and to exercise whatever discretionary powers they may possess to minimize the negative impacts of current Cannabis / Marijuana restrictions, where medical use is apparent.

  3. The Board of Supervisors shall direct the Santa Cruz County Health Services Agency to monitor developments in the field of Cannabis / Marijuana medicine, including research projects, trial studies, or current governmental programs and to make available, upon request by any doctor or patient, accurate and timely information regarding the efficacy of Cannabis / Marijuana for various medical conditions.

SECTION 6. SEVERABILITY.

If any of these provisions are held to be invalid, all remaining portions of this ordinance shall remain in full force and effect.

SECTION 7. EFFECTIVE DATE.

This ordinance shall take effect as provided by law.

Impartial Analysis By County Counsel Santa Cruz County Measure A
Marijuana For Medical Use Initiative

If approved by a majority of those voting on this measure, it will become a County ordinance. The measure appears on the ballot as a result of initiative petitions which gathered more than the number of signatures required by state law for placement on the ballot.

If enacted, the measure will not change existing laws on the availability of marijuana for medical purposes, or on the illegality of marijuana possession. Rather, the measure would constitute a policy statement favoring the increased availability of marijuana for medical purposes.

If enacted, the measure would require the Santa Cruz County Board of Supervisors to take certain actions to communicate the policy to State and Federal elected officials. The Board of Supervisors would also be required to request the Sheriff and District Attorney of Santa Cruz County to adhere to the spirit of the ordinance in setting their priorities, and to minimize the negative impacts of legal restrictions on marijuana for medical use to the extent they have discretion to do so. Because no change in the criminal law on this subject results from its enactment, however, the second directive to the Sheriff and District Attorney is of uncertain effect.

The Board of Supervisors would also be required to direct the County Health Services Agency to monitor research developments and make information avail- able concerning medical use of marijuana. Such activities by the Health Services Agency would be a County cost in an undetermined amount.

A "yes" vote authorizes enactment of the measure into the Santa Cruz County Code and approves making the Findings set out in the measure. A "no" vote rejects enactment of the measure as a part of the Santa Cruz County Code.

DWIGHT L. HERR
County Counsel
By/ Jane M. Scott (Assistant County Counsel)

ARGUMENTS IN FAVOR OF MEASURE A

"My commitment as a physician is to ease suffering and to do no harm. Both are often possible with cannabis medicines. The government's policy of denying patients this treatment is indefensible. It's a matter of compassion and common sense. Vote yes on Measure A."

-Arnold Leff, MD-

The emotional and financial impacts of catastrophic illness can be devastating. For the thousands of seriously ill and disabled Americans who have a medical necessity for cannabis/marijuana, the devastation is compounded by a government that ignores the best medical evidence and condemns them to a criminal black market in their daily struggle for wellness.

Measure A calls on the federal government to allow licensed physicians to prescribe marijuana for patients with life and sense threatening illnesses.

The Controlled Substances Act allows for cannabis to be restored to the list of available medicines if "a significant minority of physicians have accepted it as safe under medical supervision."

In 1988, after the most extensive review of the record ever undertaken, US Administrative Law Judge Francis Young stated that "marijuana in its natural form is one of the safest therapeutically active substances known to man. By any rational analysis cannabis can be used safely under a supervised routine of medical care."

Dr. Leff and Judge Young are not alone. Seventy percent of cancer specialists, 35 state legislatures (including California), the United Nations Narcotics Control Board, the California Medical Association, and 80% of San Francisco voters agree - cannabis should be available to the seriously ill and disabled to ease their pain and suffering.

Measure A will ease suffering and do no harm. Simply stated, Measure A is good medicine. Vote Yes for Compassion. Vote Yes for Common Sense. Vote Yes on Measure A.

NO ARGUMENTS AGAINST THIS MEASURE WERE SUBMITTED

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