MEDICAL POT BILL VETO WILL STAND

Senators Wanted To Override Veto, But House Didn't

A bill aimed at improving Hawaii's medical marijuana law remains dead.

The bill was one of 28 that Gov. Linda Lingle vetoed and the state
House of Representatives didn't try to override. The Senate
overwhelmingly disagreed, voting 20-1 to override the veto, but the
House leadership did not bring it to a vote.

Lingle told the Legislature in a written statement that she objected
to the bill "because it is an exercise aimed at finding ways to
circumvent federal law. The use of marijuana, even medical marijuana,
is illegal under federal law. It is, therefore, inappropriate for the
State to recommend ways to maintain or increase the supply of
marijuana, to make recommendations regarding the development of
marijuana growing facilities, or to seek ways to circumvent federal
prohibitions regarding the transport of marijuana."

Had this bill passed into law, a task force would have been formed to
look at whether the existing law provides enough medical marijuana
for a patient's use, the development of safe growing facilities on
the various Hawaiian islands, problems patients encounter in
interisland travel and should have compared Hawaii's law with that of
other states.

Lingle also disagreed with establishing the task force under the
University of Hawaii College of Tropical Agriculture and Human
Resources, calling it a "clear conflict" that could jeopardize
federal grants for the university. She also stated that some of the
issues to be examined by the task force were far outside the
university's purview.

Lingle criticized the stated makeup of the task force itself because
the prescribers, patients and members of the Drug Policy Forum
constituted a majority that would tilt the panel in favor of "the
expansion of medical marijuana access and programming."

"While I am sympathetic towards (sic) those who suffer debilitating
illnesses and appreciate organizations and advocates who are
representing their interests, the task force should have at heart the
interests of the community at large," Lingle wrote. "There are a host
of unintended consequences related to the proliferation of medical
marijuana that this task force is not required to address."

Lingle also questioned whether a task force could balance the
interests of the community and medical marijuana patients, and noted
that the Office of National Drug Policy promotes other approved
prescription drugs that can help those with AIDS, glaucoma, cancer
and other painful illnesses.

Despite the objections of Lingle, the county Office of the
Prosecuting Attorney and the Police Department, the bill had
significant support from Democratic lawmakers and a couple of Republicans.

Among those supporting the bill was Rep. Cindy Evans, D-North Kona,
South Kohala, chairwoman of the House Public Safety and Military
Affairs Committee. As chairwoman, Evans saw several versions of the
medical marijuana bill cross her desk, all of which were merged into
the bill that Lingle eventually vetoed.

Evans pointed out a contradiction in the law that allowed patients to
possess a limited marijuana for medical purposes without providing
for a way for patients to obtain the plants.

"Do you have to break the law to get the seeds to grow the plants?" she asked.

Evans said she would have liked to see the bill pass into law.

"I think that idea had merit" because the state had already passed a
law granting medical marijuana use to patients. On the other hand,
she said the bill may have fallen victim to the "slippery slope"
argument, the concern that it would expand drug use.

"We did not put it up for override. People feel medical marijuana is
a very controversial issue," Evans said. "It's considered a narcotic
by the federal government."

Evans expects, however, that some version of the bill may emerge in
the next session of the Legislature.