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Resolution to Protect Seriously Ill People from
Arrest and Imprisonment for Using Medical Marijuana
Return To OnlinePot’s Legal Section Main Page
Resolutions demonstrate an organization’s support for a particular policy and
can encourage public officials to take action. & encourages activists to urge local
and state organizations — especially health and medical groups — to pass this
resolution.
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Resolution to Protect Seriously Ill People from Arrest
and Imprisonment for Using Medical Marijuana
Whereas, the National Academy of Sciences’ Institute of Medicine concluded, after reviewing relevant scientific literature including dozens of works documenting marijuana’s therapeutic value[1], that there are some circumstances in which smoking marijuana is a legitimate medical treatment[2]; and,
whereas, a scientific survey conducted in 1990 by Harvard University researchers found that 54% of oncologists with an opinion favored the controlled medical availability of marijuana, and 44% had already suggested at least once that a patient obtain marijuana illegally[3]; and,
whereas, tens of thousands of patients nationwide — people with AIDS, cancer, glaucoma, chronic pain, and multiple sclerosis — have found marijuana in its natural form to be therapeutically beneficial[4] and are already using it with their doctors’ approval; and,
whereas, numerous organizations have endorsed medical access to marijuana, including the AIDS Action Council, American Academy of Family Physicians, American Bar Association, American Medical Student Association, American Preventive Medical Association, American Public Health Association, California Academy of Family Physicians, California Legislative Council for Older Americans, California Medical Association, California Nurses Association, California-Pacific Annual Conference of the United Methodist Church, California Pharmacists Association, California Society of Addiction Medicine, Florida Medical Association, Gray Panthers, Lymphoma Foundation of America, Multiple Sclerosis California Action Network, National Association for Public Health Policy, National Association of Attorneys General, National Association of People with AIDS, National Black Police Association, National Women’s Health Network, New York State Nurses Association, Public Citizen, Virginia Nurses Association, Whitman-Walker Clinic (Washington, D.C.), Women of Reform Judaism; and,
whereas, a scientific survey conducted in 1995 by Belden & Russonello (a Washington, D.C.-based polling firm) indicated that 79% of U.S. voters support the idea of "legaliz[ing] marijuana to relieve pain and for other medical uses if prescribed by a doctor"[5]; and,
whereas, national public opinion polls conducted by ABC News, CBS News, the Family Research Council, and the Gallup Organization between 1997 and 1999 found substantial support for medical marijuana[6]; and,
whereas, since 1996, medical marijuana initiatives received a majority of votes in every state in which they appeared on the ballot — Alaska, Arizona, California, Colorado, the District of Columbia, Maine, Nevada, Oregon, and Washington state[7]; and,
whereas, on June 14, 2000, Governor Ben Cayetano of Hawaii signed into law the first medical marijuana bill enacted via a state legislature which permits the cultivation, possession, and use of medical marijuana; and,
whereas, on September 6, 1988, after reviewing all available medical data, the Drug Enforcement Administration’s chief administrative law judge, Francis L. Young, declared that marijuana is "one of the safest therapeutically active substances known" and recommended making marijuana available by prescription[8]; and,
whereas, the federal penalty for possessing one marijuana cigarette — even for medical use — is up to one year in prison, and the penalty for growing one plant is up to five years[9]; and,
whereas, the penalties are similar in most states, where medical marijuana users must live in fear of being arrested; and,
whereas, the present federal classification of marijuana[10] and the resulting bureaucratic controls impede additional scientific research into marijuana’s therapeutic potential[11], thereby making it nearly impossible for the Food and Drug Administration to evaluate and approve marijuana through standard procedural channels; and,
whereas, seriously ill people should not be punished for acting in accordance with the opinion of their physicians in a bona fide attempt to relieve suffering; therefore,
Be it resolved that licensed medical doctors should not be punished for recommending the medical use of marijuana to seriously ill people, and seriously ill people should not be subject to criminal sanctions for using marijuana if the patient’s physician has told the patient that such use is likely to be beneficial.
1 "The Medical Value of Marijuana and Related Substances," Chapter 4 of the Institute of Medicine’s Marijuana and Medicine: Assessing the Science Base (Washington: National Academy Press, 1999), lists 198 references in its analysis of marijuana’s medical uses.
2 From Principal Investigator Dr. John Benson’s opening remarks at the Institute of Medicine’s news conference releasing the report Marijuana and Medicine: Assessing the Science Base (March 17, 1999).
3 R. Doblin and M. Kleiman, "Marijuana as Antiemetic Medicine," Journal of Clinical Oncology 9 (1991): 1314-1319.
4 The therapeutic value of marijuana is supported by existing research and experience. For example, the following statement appeared in the American Medical Association’s "Council on Scientific Affairs Report 10 — Medicinal Marijuana," adopted by the AMA House of Delegates on December 9, 1997:
- "Smoked marijuana was comparable to or more effective than oral THC, and considerably more effective than prochlorperazine or other previous antiemetics in reducing nausea and emesis." (page 10)
- "Anecdotal, survey, and clinical data support the view that smoked marijuana and oral THC provide symptomatic relief in some patients with spasticity associated with multiple sclerosis (MS) or trauma." (page 13)
- "Smoked marijuana may benefit individual patients suffering from intermittent or chronic pain." (page 15)
5 Belden & Russonello interviewed 1,001 registered voters, selected by a national random digit dial survey, on behalf of the American Civil Liberties Union, which released the results via its Department of Public Education on November 27, 1995.
6 ABC News/Discovery News (69% support medical marijuana, poll conducted May 27, 1997 by Chilton Research); CBS News (66% of Independent respondents, 64% of Democrat respondents, and 57% of Republican respondents support medical marijuana, poll reported in The New York Times, June 15, 1997); Family Research Council (74% support medical marijuana, poll conducted Spring 1997); Gallup (73% support medical marijuana, poll conducted March 19-21, 1999).
7 Alaska, Measure 8, Nov. 1998, received 58% of the vote; Arizona, Proposition 200, Nov. 1996, received 65% of the vote; Arizona, Proposition 300, Nov. 1998, rejected by 57% of the vote (by rejecting Proposition 300, voters upheld the medical marijuana provision in 1996’s Proposition 200); California, Proposition 215, Nov. 1996, received 56% of the vote; Colorado, Amendment 20, Nov. 2000, received 54% of the vote; District of Columbia, Initiative 59, Nov. 1998, received 69% of the vote; Maine, Question 2, Nov. 1999, received 61% of the vote; Nevada, Question 9, Nov. 2000, received 65% of the vote; Oregon, Measure 67, Nov. 1998, received 55% of the vote; Washington, Initiative 692, Nov. 1998, received 59% of the vote.
8 U.S. Department of Justice, Drug Enforcement Administration. "In The Matter Of Marijuana Rescheduling Petition, Docket No. 86-22, Opinion and Recommended Ruling, Findings of Fact, Conclusions of Law and Decision of Administrative Law Judge," Francis L. Young, Administrative Law Judge, September 6, 1988.
9 Section 844(a) and Section 841(b)(1)(D), respectively, of Title 21, United States Code.
10 Section 812(c) of Title 21, United States Code.
11 The U.S. Department of Health and Human Services (HHS) issued written guidelines for medical marijuana research, effective December 1, 1999. The guidelines drew criticism from a coalition of medical groups, scientists, members of Congress, celebrities, and concerned citizens. The coalition called the guidelines "too cumbersome" and urged their modification in a letter to HHS Secretary Donna Shalala, dated November 29, 1999. Si
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