MEDICAL MARIJUANA ACT PASSES

The Senate yesterday passed a bill to legalize the medical use of marijuana,
clearing the way for it to become law.

Senators voted 15-10 to pass the House’s approved draft of the medical
marijuana bill, sending it to Gov. Ben Cayetano. The governor, who proposed
legalizing medical marijuana, has indicated he was strongly inclined to sign
such a bill.

Medical marijuana use is permitted in California, Arizona, Oregon,
Washington, Alaska, Maine and Nevada, which passed such laws through voter
initiative.

Senate debate over the bill lasted more than an hour. Opponents were
concerned about how cultivation and distribution of marijuana will be
regulated. Others feared that legalizing medical marijuana might open the
door to legalizing other drugs.

Sen. Norman Sakamoto (D-Moanalua, Salt Lake) said the bill is "full of
holes," and pointed out that marijuana is prohibited under federal law. He
also expected an enforcement problem because the bill allows other people to
be in the presence or vicinity of legal users.

"It’s not worth the temptation," he said. "In spite of the good for some
people, this will do great damage."

Sen. Sam Slom (R-Waialae Iki, Hawaii Kai) said the bill is not perfect, but
"sometimes we have to do what’s right. And what’s right is to provide an
option and alternative."

"My constituents have told me that they want this measure passed. Young
people, older people, sick people, well people, they have said that they
believe in this measure as an option, not as a panacea. And I don’t see them
becoming drug addicts or dealers or users or abusers."

Debilitating ailments

The bill allows patients to use marijuana if they have been diagnosed by a
licensed physician as suffering from a debilitating medical condition and
have a written certification from the physician that the potential benefits
of medical marijuana outweigh health risks. Under the bill, "debilitating
medical condition" includes cancer, glaucoma, HIV/AIDS, or chronic diseases
or conditions that cause severe pain, nausea or seizures.

The bill also requires patients and primary caregivers to register with the
state Department of Public Safety and obtain a registration certificate that
may cost up to $25. The bill also limits the amount of marijuana per
patient, to no more than three mature marijuana plants, four immature
marijuana plants and 1 ounce of usable marijuana per each mature plant.

Contraband in schools

The bill prohibits the use of medical marijuana in a school or public bus or
any moving vehicle, in the patient’s workplace, on school grounds or in
public places such as the park or beach.

Sen. Randy Iwase (D-Waipio Gentry, Wahiawa) said he was apprehensive that
the bill would circumvent the Federal Drug Administration process intended
to protect public health and safety.

"One would hope and expect that if we are going to approve medical
marijuana, that the FDA has approved it," he said. "While it may help a few
. I don’t think it will help the many."

But Senate Judiciary Co-Chairman Avery Chumbley (D-E. Maui, N. Kauai) cited
a recent federal study that supported marijuana for medical use in certain
limited circumstances.

"Patients should not be punished just to spite drug reform supporters," he
said.

Chumbley also said children can and should be taught the difference between
medicine and illicit drugs.

Police officer’s view

Honolulu Police Maj. Susan Dowsett of the Narcotics/Vice Division later said
it would be difficult for officers to pinpoint and move against unlawful
uses of marijuana. Dowsett said the Legislature should have waited for the
federal regulatory process "just like you do for any other drug that shows
promise."

But Pamela Lichty, vice president of the Drug Policy Forum of Hawaii, said
the bill would help many people - most of them elderly - who have long been
suffering from debilitating conditions.