ENGLISH WILL TAKE AIM AT REFORMING LAWS FOR CANNABIS

State Sen. J. Kalani English will probably grab a few headlines when
he introduces two bills in the legislative session this week: one to
legalize medical marijuana dispensaries and the other to decriminalize
possession of small amounts of marijuana.

His marijuana reformation bills are modeled after laws already in
place in other states. On Friday, the Democrat who represents
Upcountry, East Maui, Lanai and Molokai said his motives are at once
pragmatic, moralistic and economic.

The measures would free up law enforcement to focus on hard drug
traffickers and help the state deal with Hawaii's fiscal year 2011
$1.2 billion budget shortfall on a number of fronts, English pointed
out. He said he wasn't certain how much new revenue or costs savings,
including for courts and jails, the proposals would make, but he was
sure it would be significant.

On Friday, English said that he intends to follow California's lead by
legalizing - and taxing - medical marijuana dispensaries to generate
revenue. A dispensary is a private, secure facility where people with
medical marijuana cards, which have been legal and available in Hawaii
for almost a decade, can purchase marijuana for medicinal purposes.

Proponents say the dispensaries provide a safe environment to sell a
legal product that provides real relief for those suffering from pain
and nausea caused by diseases such as HIV/AIDS, cancer and multiple
sclerosis.

"To own a dispensary, you would have to have a permit, and then you'd
be taxed a flat rate right there," English said. "There'd also be a
general excise tax (for purchases).

"My point is we already legalized medical marijuana, so we should
allow the counties to (regulate) the dispensaries . . . (President
Barack) Obama directed the Department of Justice to honor states'
rights, as it should be. It's a complete reversal of the previous
doctrine that the federal trumps the states."

His bills for Hawaii are the logical extension of what's already
happened here and the changing attitudes toward marijuana, or
cannabis, across the nation and world, he said.

Early last year, the Obama administration instituted a "hands off"
policy when it comes to medical marijuana and backed off his
predecessor's policy of using federal law enforcement agents to raid
dispensaries. However, marijuana remains listed as an illegal drug by
the U.S. Department of Justice, and the Hawaii Department of Public
Safety has chosen, under Gov. Linda Lingle, to continue to enforce
those laws.

Critics say the dispensaries are nothing more than fancified illegal
drug stores, and that it is easy to get some doctors to provide
medical marijuana cards for any ailment - real or imagined.

And to relieve some of the pressure on police and the courts, English,
who sits on the Public Safety and Military Affairs Committee, said he
will co-introduce a bill that will decriminalize marijuana possession
up to 1 ounce per person.

The measure would not legalize marijuana, he was careful to make
clear. However, under his proposal, offenders caught in possession of
marijuana would go through the civil court process, just like with
traffic tickets, English said.

"It would be a fine versus jail time," English said. "It will clear up
the courts of a huge backlog. Right now, only 0.4 percent of every
possession case actually goes to prison. It's just clogging up the

system. It's still illegal, but we would give them a civil fine and
make it a civil procedure.

"It should free up a lot of resources for law enforcement, too, so
they can better pursue hard drugs like ice, cocaine and heroin. It's
definitely a cost-saving measure, at least a few million (dollars) a
year in the judiciary and even more money for the prisons."

Even with a small number of people incarcerated for possession,
English noted that it costs $88,000 a year to house an inmate, and
Hawaii's prisons are already full.

A number of other states, including California and New York, have
decriminalized small amounts of marijuana as well. English added that
his decriminalization measure would not protect dealers. He said he
plans to introduce the bill this week.

"I think we're not in normal times," English said.