BILL ANALYSIS
SB 847
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Date of Hearing: July 13, 1999
ASSEMBLY COMMITTEE ON HEALTH
Martin Gallegos, Chair
SB 847 (Vasconcellos) - As Amended: June 14, 1999
SENATE VOTE : 28-7
SUBJECT : Marijuana Research Act of 1999.
SUMMARY : Authorizes the University of California (UC) to
establish a California Marijuana Research Program (CMRP) to
study the safety and efficacy of marijuana usage for medical
purposes. Appropriates $1 million for the purposes of this
bill. Specifically, this bill :
1)Finds and declares that in 1996 California voters approved
Proposition 215 with more than six million votes, and that
there is public controversy and a need for objective
scientific research regarding the medical efficacy and safety
of marijuana.
2)States that it is the intent of the Legislature that the state
commission objective scientific research by UC regarding the
efficacy and safety of administering medical marijuana.
Stipulates that UC may, by appropriate resolution, accept this
responsibility and if so, UC shall create a three-year program
known as CMRP. Requires CMRP to develop and conduct studies
intended to ascertain the medical safety and efficacy of
marijuana and, if found valuable, develop medical guidelines
for the appropriate administration and use.
3)Authorizes CMRP to solicit research proposals and specifies
requirements for evaluating proposals.
4)States that it is the intent of the Legislature that CMRP be
located at one or more UC campuses, as specified, and that
CMRP award grants utilizing the principles and parameters of
comparable research programs, as specified. Stipulates
specified criteria for grantee selection and that funds
received by the program shall be allocated in accordance with
the Scientific Advisory Council (SAC), as specified.
5)Specifies standards for research and areas of study to be
pursued under CMRP.
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6)Authorizes CMRP to solicit additional funding and include
independently funded projects within the scope of CMRP, as
specified.
7)Requires CMRP to submit a progress report to the Legislature,
the Governor and Attorney General within six months of the
effective date of the program, and thereafter report to the
Legislature every six months, as specified.
8)Establishes the SAC, with no more than fifteen members
appointed by the President of UC, to provide policy guidance
in the creation and implementation of CRMP.
9)Appropriates $1 million from the General Fund to the UC after
it establishes CMRP. Requires that no more than 10% of total
funds appropriated may be used for all aspects of
administration.
EXISTING LAW :
1)Establishes UC, governed by a Board of Regents. The UC and
its Regents enjoy certain state constitutional autonomy in
administering its institutions.
2)Establishes the Compassionate Use Act of 1996, enacted by
Proposition 215 in November 1996, which prohibits any
physician from being punished for having recommended marijuana
to a patient for medical purposes. The act prohibits the
provisions of law making unlawful the possession or
cultivation of marijuana from applying to a patient, or to a
patient' s primary care giver, who possesses or cultivates
marijuana for the personal medical purposes of the patient
upon the recommendation or approval of a physician.
3)Establishes a Research Advisory Panel to study and approve
research projects concerning marijuana or hallucinogenic
drugs.
FISCAL EFFECT : Appropriates $1 million from the General Fund.
States Legislative intent to appropriate $1 million each year
for the final two years of the program.
COMMENTS :
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1)PURPOSE OF THIS BILL . According to the author, by passing
Proposition 215, voters supported an essential freedom: to
have their relationship with their physician, rather than the
government, be the arbiter of a patient's health and healing
methodologies. The author states that the federal government
is avoiding any research that might acknowledge that marijuana
can be safe and effective medicine. The National Institutes
of Health (NIH) released a report last year that sought
additional research into the medicinal use of marijuana.
Since that time, the federal government has not approved any
clinical studies on medical marijuana treatment. In mid-March
the Institute of Medicine (IOM) released a report that also
calls for additional research and makes clear that there is
evidence that marijuana has therapeutic benefits. The author
argues that if the federal government is unwilling to conduct
substantial research to benefit sick and dying people, then
California will.
2)BACKGROUND . According to materials submitted by the author,
subsequent to voter enactment of Proposition 215, federal Drug
Czar General Barry McCaffrey commissioned a study by IOM to
review the state of scientific evidence about medical
marijuana. That recently released report concluded that
medical marijuana is effective medication for the treatment of
certain conditions. However, the report cautioned, there is a
need for more research including clinical trials. The report
recommended: research regarding the physiological and
psychological effects, clinical trials for symptom management,
studies of health risks, clinical trials under limited
circumstances, the possible use of clinical trials for
patients with chronic conditions such as pain or AIDS wasting,
and that in order for the public to receive the full benefit
of cannabinoid-based drugs there needs to be public investment
in research.
3)SUPPORT . The California Medical Association (CMA) supports
this bill, stating that the lack of controlled scientific
studies on the value or absence thereof of medical marijuana
has fueled the emotional debate on both sides of this issue.
CMA states it is time for California to once again take the
lead and put this debate to rest once and for all and that
this bill will do just that. UC writes to express commitment
to implementing CMRP and expresses a desire to see research
conducted on this very important issue. The American Cancer
Society (ACS) supports this bill stating that pain is a major
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health issue in this country, especially the kind of pain that
is encountered in patients with cancer. According to the
experts, the treatment of pain and accompanying symptoms needs
to be considerably improved. Additionally, ACS states that
this bill is consistent with their long-held position of
supporting research of any agent or technique for which there
may be evidence of a therapeutic advantage. The California
Society of Health-System Pharmacists supports scientific
studies to determine the appropriate use of marijuana and
hopes that a pharmacist representative will be a member of
SAC, proposed by this bill.
4)OPPOSTION . The Committee on Moral Concerns (CMC) opposes this
bill for several reasons. First, CMC states an additional
study is unnecessary and that marijuana depresses the immune
system, causes cancer, birth defects and memory loss. Second,
CMC states that medical marijuana has been rejected by NIH,
the American Medical Association, the National Multiple
Sclerosis Society, the American Glaucoma Society, the American
Academy of Ophthalmology and the National Cancer Institute.
Third, CMC states the recent IOM study does not advocate
legalizing marijuana and that current California law (Prop.
215) is already far more lenient than the IOM recommendations.
Fourth, CMC states that because of the harmful effects of
marijuana it would be a violation of medical ethics to expose
patients to marijuana smoke. Finally, CMC states that
marijuana contains over 400 chemicals. Legitimate research
may need to be pursued with some of these isolated chemicals
(also known as "cannabinoids"). If patient health were the
concern with this bill, it would require research into the
individual components of marijuana, not pot smoking.
5)PREVIOUS LEGISLATION . SB 535 (Vasconcellos) of 1998 was
substantially similar to this bill and failed passage on the
Assembly Floor.
6)RELATED LEGISLATION . SB 848 (Vasconcellos) directs the state
to develop and implement a plan for the safe and affordable
distribution of medicinal marijuana. SB 848 is also being
heard on July 13 in the Assembly Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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American Cancer Society
Americans for Medical Rights
Attorney General, Department of Justice, State of California
California District Attorneys Association
California Medical Association
California Narcotic Officers' Association
California Peace Officers' Association
California Police Chiefs' Association
California Society of Health-System Pharmacists
Consumer Federation of California
Office of the Sheriff, County of San Bernardino
San Francisco AIDS Foundation
The Cannabis Pharmaceutical Coalition
University of California
Opposition
Committee on Moral Concerns
Analysis Prepared by : Ellen McCormick / HEALTH / (916) 319-2097