MARIJUANA BILLS HALTED IN HOUSE

Efforts to reform Hawai'i's decade-old medicinal marijuana act were
snuffed by the state Legislature. "We are still going to have to
address the legitimate concern when it comes to access for these patients."

Bold endeavors to reform Hawai'i's decade-old medicinal marijuana act
were halted by indecision during this legislative session.

Proponents of amending the stale law were flying high at the beginning
of March when three potentially groundbreaking bills to amend
marijuana laws were overwhelmingly passed in the Hawai'i State Senate.
Senate Bill (SB) 2213 would provide counties the power to establish
compassion centers for dispensing medicinal marijuana and impose a
general excise tax on its sales; SB2141 sought to increase the ratio
of cannabis plants, ounces and caregivers allowed for patients; and
SB2450 would establish civil penalties for possession of one ounce or
less of marijuana, punishable by a fine only.

As of Thursday, April 1, all three bills had not met the deadlines to
move forward in the Hawai'i House of Representatives. None of them
progressed to final committees as the House remained stagnate on the
measures.

In 2000, Hawai'i became the first state to allow medicinal marijuana
use through an act of the legislature. Registered patients are
permitted to employ the recommendation of a physician to possess an
"adequate supply" of marijuana. Registered patients can possess three
mature marijuana plants, four immature plants and as much as three
ounces of marijuana.

Certified patients are not allowed to obtain marijuana other than by
growing it or having it grown for them via a registered caregiver.

Ten years later, there are still no safe, legal and reliable resources
for patients to obtain starter seeds, plants or useable marijuana.
Cardholders continually report turning to the black market for their
medicine.

The current system is not working, as evidenced by the
disproportionate number of cardholders to caregivers.

By law, one registered "primary caregiver" is allowed to provide help
to one (and only one) registered patient. As of March 9, 7,095
patients are registered under the medicinal marijuana program
statewide, with only 743 caregivers registered, according to the
Narcotics Enforcement Division of the Department of Public Safety.
(The island of Maui records 1,348 registered patients and 112
caregivers.)

Opponents doubt marijuana's medical purposes, in part because an
overwhelming majority of cards are issued for severe pain-a condition
that is difficult to verify.

Sen. J. Kalani English (Upcountry, East Maui, Moloka'i and Lana'i)
crafted two of the three bills. Information from research conducted by
the Drug Policy Forum of Hawai'i (DPFH) aided the senator.

Sen. Roz Baker (West and South Maui) said it was good to have the
dialogue presented by Sen. English and others regarding these bills,
and it's a step in the right direction.

"The bills regarding marijuana laws just never had enough traction in
the House," she said.

Sen. Baker, who helped introduced SB2450, said sometimes proposed
legislation will "get a helping hand" in the other chamber with
companion bills.

Rep. Joe Bertram III (South Maui) proposed a few companion bills in
the House for SB2213, but they never got a hearing.

"It's amazing these controversial and complicated measures passed at
all the first year they were introduced," Sen. Baker added.

On Wednesday, March 17, the Maui Police Department (MPD) invited two
Los Angeles police officers to appear on behalf of California Narcotic
Officers' Association for the Hawai'i Medicinal Marijuana Summit in
Wailuku.

Although reporters were shut out of the meeting, some were able to
talk with the law enforcement officials about their objectives.

Sgt. Eric Bixler and Det. Glenn Walsh were there to discuss the
challenges and frustrations that have emerged from California
Compassion Use Act (Proposition 215), a voter-enacted legislation
passed in 1996 regarding medicinal marijuana.

Bixler said there are approximately 966 "dispensaries" in L.A. County
alone, and not a lot of leadership to implement a workable system. He
said his squads have seen a sustainable increase in crime rates-nearly
200 percent-and worsening economic problems since the "dispensaries"
started popping up.

"Theoretically, these places are just storefront marijuana dealers,"
he said.

The officers also claimed that there are more dispensaries now than
schools-even more than Starbucks locations.

Walsh suggested "better legal and tested meds" such as Merinol-a
derivative of THC-that patients can use instead of smoking marijuana.
He also suggested a natural THC extract known as Sativex, which has
worked in Europe and Canada.

The officers stated consistent problems with people "smoking out while
driving" and an increased number of kids coming out of dispensaries
with marijuana and selling it.

In general, the officers said California is in "quite the predicament"
right now. They don't want to see the same thing happen in Hawai'i.

The session on Maui also presented statements from "Why Marijuana
Legalization Would Compromise Public Health and Public Safety" from
Office of National Drug Control Policy Director R. Gil
Kerlikowske.

President Obama's handpicked drug czar has been touring the nation to
address drug abuse issues. In the recent report, Kerlikowske stated
that "science, though still evolving, is clear: marijuana use is harmful."

Kerlikowske also stated that although there is a need to find
innovative ways to alleviate financial woes, "it is clear that the
social costs of legalizing marijuana would outweigh any possible tax
that could be levied."

In a recent letter to local newspapers, DPFH President Pamela Lichty,
MPH, stated her aggravation with the L.A. officers' visit that
provided a "one-sided 'update'" and mounted "a propaganda campaign."

She asserted that Hawai'i had the opportunity "to design a program
from scratch using the best models available."

Since the Hawai'i Legislature's new biennium begins July 1, all the
bills that did not pass the legislature will die this year, and must
be reintroduced anew to be considered.

"Cannabis is not politically popular, and remains extremely
controversial during election years," Lichty said recently in a phone
interview. "We made some progress, so I'm happy about that."

"We are still going to have to address the legitimate concern when it
comes to access for these patients," said Sen. Baker.

To read more about both sides of Hawai'i's medicinal marijuana issues,
visit the Maui Weekly blog "The Dish From Trish.