COUNCIL WEIGHS IN ON LEGISLATURE'S POT BILLS

NAWILIWILI -- Law enforcement officials and marijuana users have
their arms raised in the air, but for different reasons. While one
group is worrying about a potential increase in drug usage and
distribution, the other is welcoming an easier way of getting relief
for the symptoms of their medical conditions.

Several bills moving through the state Legislature would loosen
marijuana laws, including medical marijuana and the restrictions on
its growth and distribution.

"Most of these legislative bills seek to expand the availability of
medical marijuana, eliminate criminal penalties for marijuana and
also allow for distribution or sale," County Prosecutor Shaylene
Iseri-Carvalho on Wednesday told County Council members.

"These bills are sailing through the Legislature. They actually have
already arrived at the Ways and Means Committee," she said.

Iseri-Carvalho said the only bill the Office of Prosecuting Attorney
supports is HB 1169. Besides increasing penalties for fraudulent use
of medical marijuana, the bill redefines the definition of what a
debilitating disease is.

"It would exclude those who have only pain," she said.

Out of 8,127 medical marijuana users registered in the state, 5,540
use it for severe pain, and 2,041 use it for multiple conditions.
Other users include 119 for severe nausea, 119 for muscle spasms, 91
for cancer, 78 for HIV or AIDS, 56 for glaucoma, 43 for seizures and
40 for wasting syndrome.

HB 1169 has not been heard by any committee yet, and will not advance
if not heard by March 4 by the Judiciary and the Ways and Means committees.

"We are not going to stop people from using marijuana, unless we're
willing to kill them," said Lonnie Sykos, a Kaua'i resident who uses
medical marijuana for pain.

"I don't develop pain because I quit smoking pot, which I do legally.
I develop pain because I have enormous internal body structure
damage. When I run out of chemistry it becomes painful," Sykos said.

Sykos said he was in support of the bills, although he thinks the
bills "most certainly" need some changes.

"I'm not saying that marijuana should be legalized," said Sykos,
adding that this is an issue beyond the discussion. "I'm simply
saying that the demonizing of it and the misinformation needs to be
removed before we can have a rational conversation."

Kapa'a resident Ken Taylor said his 45-year-old son started using
drugs at 23 years old, and has been clean for eight years.

"For 40 years we've had a drug war that has totally failed," Taylor
said. "We've spent billions and billions of dollars, we've locked up
and ruined the lives of many, many people and families, and we
haven't accomplished anything."

Taylor said it's time to make some changes, adding that he doesn't
necessarily agree with the bills in their current form, but we should
allow people to acquire medical marijuana.

"Look at how much it has cost to incarcerate everybody that we
arrested because they've got a little marijuana in their pocket. It's
sinful what's going on and we're not addressing the whole issue," Taylor said.

History

In June 14, 2000, Gov. Ben Cayetano signed a bill legalizing
marijuana for medical purposes, following the approval of Hawai'i's
Legislature. On Jan. 8, 2001, the state issued the first medical
marijuana card, said Keith Kamita, Deputy Director of Law Enforcement
at the state Department of Public Safety.

Together with Iseri-Carvalho, Kamita gave council members a briefing
on the several marijuana-related bills moving through the Legislature.

Today there are 15 states, plus Washington D.C., which have legalized
some kind of medical marijuana use, according to Kamita.

In the first year that medical marijuana was legalized in Hawai'i,
256 patients were registered, Kamita said. As of Dec. 13, 2010, there
were 8,124 registered patients and 916 caregivers, plus 98 physicians
prescribing medical marijuana.

On Kaua'i there are 814 patients, 106 caregivers, 12 on-island
doctors and 14 off-island doctors, according to Kamita.

Medical Marijuana

"The use of the term medical is really a front for the legalization
and marketization of illegal marijuana," Iseri-Carvalho said

She said the FDA has stated that "smoked medical marijuana has no
currently accepted or proven medical use in the United States and is
not an approved medical treatment."

The American Lung Association, according to Iseri-Carvalho, has said
that the marijuana smoke contains a greater amount of carcinogens
than tobacco smoke.

Iseri-Carvalho said comparing marijuana grown nowadays with marijuana
grown in the 1990s is like "comparing apples and oranges."

The potency level of marijuana in the 1990s was one to three percent.
Marijuana grown nowadays have a potency level of 12 to 13 percent,
and the highest recorded potency is 37 percent.

Iseri -Carvalho said marinol, a legal alternative to marijuana has
existed since 1985. It provides a pure, controlled, safer and
unadulterated alternative to medical marijuana, according to Iseri-Carvalho.

Additional Testimony

Several pieces of testimony, leaning a bit toward opposition of the
bills, ensued throughout the entire morning at the council chambers.

Kaua'i Police Department Assistant Chief Mark Begley said he used
drugs during his teen years, while growing up in California and
O'ahu, but stopped because he didn't want to go to jail. Most of his
friends who kept using drugs didn't do very well in life, he said.

Begley said law enforcement and lawmakers may not have been as
efficient as they should've been, but he doesn't believe the war on
drugs has been lost, nor that we should "throw in the towel."

Deputy County Attorney Justin Kollar said "it is baffling and
disheartening to see so much more effort being put into making more
drugs available to more of our residents."

Iseri-Carvalho said there's been concerns of employees returning from
lunch breaks after using medical marijuana. "Clearly this issue
hasn't been addressed."

However, the law allows employees to refuse applicants who test
positive for marijuana, even if they are allowed to smoke medical marijuana.

Kapa'a resident and self-described nitpicker Glenn Mickens said his
biggest problem and question with "trying to put the brakes of drug
use and sales" is the overwhelming push by the alcohol industry, in
his opinion the largest and deadliest type of drugs.

"How do we change the cultural mindset of today's society to get our
young to say 'no, thank you' to any and all drugs?" Mickens said.

Sykos said we should concentrate more on giving the worst penalties
for people who give drugs to children.

Go to www.capitol.hawaii.gov for more information.