Hawaii Legislature needs prodding on medical marijuana, dispensaries, and decriminalization

NORML is forwarding the following communication from our allies at the Drug Policy Forum of Hawaii as a courtesy to our members.

Below are a list of several bills the DPFH is urging advocates to take action on.  You can read more about many of these bills, and send a prewritten letter to your representatives regarding HB 1192, via NORML’s Capwiz Alert system here.  You can also learn more about Hawaii’s reform efforts at the website of Democracy in Action here.

Thank you for your support of NORML and the DPFH’s marijuana law reform efforts in Hawaii.

More information about the bills after the break.

We need your help to: 1) make phone calls asking for bills to be heard.  They must be heard by this week or most will die for this session 2) send in testimony, there is an especially bad bill that we need to defeat. Here are the details.

1. Call the Judiciary Committee Chair, Rep. Jon Riki Karamatsu (586-8490) asking hims to hear the following 3 bills.

HB226 Relating to Medical Marijuana-This bill makes changes in the current medical marijuana program. It increases the caregiver to patient ratio from 1:1 to 1:5; increases the amount patients are allowed to possess from 7 plants to 12 plants and dried marijuana from 3 ounces to 7 ounces; requires that the address where the marijuana is grown be left off the registry card; prevents conflicting and overreaching administrative rules by limiting the information requested on the department’s forms to those specifically required or permitted by the medical marijuana chapter.

HB1191 Relating to Medical Marijuana-creates a marijuana distribution system for medical marijuana in Hawaii. Allows a secure growing facility to grow marijuana for no more than 14 qualifying patients. Sets standards for secure growing facility.

HB1192 Relating to Marijuana-makes the possession of less than one ounce of marijuana a civil offense and imposes a fine. Requires persons under 18 against whom a civil judgment is entered to complete a drug awareness program.

The following are other members of the Judiciary Committee that you can also call and ask that the bill be heard, especially if you live in one of their districts. Unsure who your legislator is, go to our website where we have a link to a locator: http://www.dpfhi.org/index.php?id=81

• Ken Ito, Vice Chair, 586-8470
• Della Au Bellati, 586-9425
• Rida Cabanilla, 586-6080
• Mele Carroll, 586-6790
• Robert Herkes, 586-8400
• Sylvia Luke, 586-8530
• Angus McKelvey, 586-6160
• John Mizuno, 586-6050
• Hermina Morita, 586-8435
• Blake Oshiro, 586-6340
• Joseph Souki, 586-9444
• Clift Tsuji, 586-8480
• Glenn Wakai, 586-6220
• Barbara Marumoto, 586-6310
• Cynthia Thielen, 586-6480

2. Write testimony, email it in. Here are the 2 bills being heard and how to send in testimony.

The legislature’s website is at: http://www.capitol.hawaii.gov, to the right of the screen click on “Bill Status and Documents” then of the left side of the screen is a box where you can type in the bill numbers, or you can do a text search in the right side of the box by typing in a key word. Notice that under the box where you type in the bill number, you can check boxes to get 1)the status of the bill 2) the text of the bill 3) committee reports 4) testimony presented on that bill.

Send testimony no later than first thing Tuesday morning, emailing to: JUDtestimony@capitol.hawaii.gov, include your name, the date and time of the hearing and the bill number. Please be sure your position is clearly stated at the very beginning of your testimony.

Committee on Judiciary
Rep. Jon Riki Karamatsu, Chair
Rep. Ken Ito, Vice Chair
Tuesday, February 17, 2009
2:00 p.m.
Room 325

HB1635 Relating to Controlled Substances
Establishes new recordkeeping requirements and establishes penalties: amends and adds definition; requires physical examination of patient by physician; and increases penalties relating to medical marijuana to Class C Felonies.

Position: Strong Opposition

Talking Points:

• The bill increases the requirements for record keeping on the part of the physicians, when the department already has copies of the “written certification.”
• Increases penalties for physicians to a Class C Felony; many of whom are already intimidated by the Narcotics Enforcement Division, and patients have a difficult enough time finding physicians to certify them to use medical marijuana.
• It limits the qualifying conditions; when medical organizations like the American College of Physicians are supporting research of other conditions and patients are seeking expansion of the conditions 
• There are already criminal penalties for violating Hawaii’s marijuana laws, it is just mean-spirited to include more in the medical marijuana program.
• Requiring a physician to physically examine a terminally ill cancer patient just so that the patient can continue to use medical marijuana does not make sense and is unnecessary.
• The changes are mean-spirited and assumes that every patient is ‘faking it,’ when the medical marijuana program has a compassionate intent.
• The proposal has the potential to damage the program and prevent patients and doctors from participating.

The next bill:
Send testimony to: PSMtestimony@capitol.hawaii.gov, include your name, the bill number, the date and time of the hearing. This is a joint committee hearing.

Committee on Health, Senator David Ige, Chair and
Committee on Public Safety and Military Affairs, Senator Will Espero, Chair
Tuesday, February 17, 2009
3:30 p.m.
Conference Room 229

SB 418 Relating to Medical Cannabis-Amends the term medical marijuana to medical cannabis, transfers the administration of the program from the department of public safety to the department of health; authorizes a registration fee of $50, establishes the medical cannabis advisory board; provides for the department of health to license producers to dispense medical cannabis

Position: Support

Talking Points:

• Moving the program from the department of public safety (DPS) to the department of health (DOH) is something that patients have been asking for. (Especially since the DPS released 4,200 patient names and other information to a newspaper reporter last year.) It makes more sense that administration of the program rest with the department of health; most other states’ programs are administered by the health department of those states.
• The bill establishes a system of distribution of medical marijuana which does not currently exist. This system helps patients who are unable to grow it themselves; it provides an alternate source so that patients do not need to go to the criminal market when they don’t have sufficient supply from their plants. A distribution system is what is missing from the current program.
• While establishing the distribution system is great, allow for patients to grow their own medicine as they currently do.
• The current registration fee is $25, some patients are on fixed incomes and cannot afford the increase in fee proposed in the bill.

That’s it for now. Thank you for your help. Together, we can make a difference.

Jeanne Ohta
Executive Director
Drug Policy Forum of Hawaii