Late breaking news from the middle of the Pacific…

Good News!
We just received word that both chambers have voted to override the Governor’s veto of SB1058 which sets up a taskforce to discuss changes in Hawaii’s Medical Marijuana Program. Thanks to all of you who made phone calls, sent emails and faxes.

When the official vote is posted, we will let you know who voted “no.” There were nine of them.

We will also ask you to thank legislators for taking this important action and later, we will need to keep pressure on the Dept. of Public Safety to be sure they convene the taskforce.

Jeanne Ohta
Executive Director
Drug Policy Forum of Hawaii

HONOLULU – Governor Linda Lingle vetoed today four bills that are pre-empted by federal law or violate existing federal statutes. The Governor issued her vetoes to ensure that federal officials recognize that the State of Hawai‘i respects the individual role of states and the federal government in setting legal policy for our citizens.

SB 1058 SD2 HD2 CD1 relating to controlled substances. This bill attempts to circumvent provisions of federal controlled substances laws as enforced by the United States Drug Enforcement Administration. Portions of this bill may also violate Section 14 of Article II of the State Constitution regarding the scope of subjects each law enacted by the Legislature may encompass.

“I am concerned that the Legislature, in their efforts to address local concerns, may not have fully taken into account existing federal laws or requirements,” Governor Lingle said. “The State of Hawai‘i must abide by federal statutes when they prevail or pre-empt state action, as is the case with these four measures.”

via GOVERNOR LINGLE VETOES BILLS THAT ARE PRE-EMPTED BY OR VIOLATE FEDERAL LAWS — Office of the Governor.

Excuse me, Governor Lingle, but that is a huge steaming load of Kükae lio. The bill, SB 1058, didn’t direct Hawai’i to violate any existing federal statutes.  What you vetoed was a task force to study medical marijuana issues:

• “Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;”
• “Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;
• “Examine all issues and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;”
• “Compare and contrast Hawaii’s medical marijuana program with all other state medical marijuana programs;”
• and “address other issues … the task force deems appropriate.”

You can’t seriously believe Controlled Substances Act prevents a state government from examining things, can you?

Senate Bill 1058, <http://www.capitol.hawaii.gov/session2009/bills/SB1058_CD1_.pdf> an act to create a medical cannabis task force committee, has been approved by the legislature and now awaits action from Republican Gov. Linda Lingle.

As approved, SB 1058 would:

• “Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;”
• “Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;
• “Examine all issues and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;”
• “Compare and contrast Hawaii’s medical marijuana program with all other state medical marijuana programs;”
• and “address other issues … the task force deems appropriate.”

The task force will consist 13 members, including leaders from the Drug Policy Forum of Hawaii, the West Oahu Hope for a Cure Foundation, Americans for Safe Access, and a medical cannabis patient who is appointed by the Governor.

In 2008, Gov. Lingle vetoed <http://norml.org/index.cfm?Group_ID=7648> a similar task force measure. That is why we are asking you to contact the Governor and urge her to support SB 1058.

For your convenience, a pre-written letter supporting this bill will be mailed to the Governor when you go here.

<http://capwiz.com/norml2/issues/alert/?alertid=13317176>

Additional information regarding this measure is available from Jeanne Ohta, Executive Director of The Drug Policy Forum of Hawaii.

<http://www.dpfhi.org/>

Lingle’s veto list includes 52 bills | HonoluluAdvertiser.com | The Honolulu Advertiser
[Hawaii Governor Linda] Lingle may veto a bill that would set up a task force to study issues surrounding medical marijuana because it could potentially counter federal prohibitions against the drug.

“The Legislature and many individuals in the community worked hard to pass these measures; however, it is my responsibility as governor to ensure that the bills are legal, constitutional, fiscally sound, and in the best long-term interest of the public,” Lingle said in a statement.

Maybe I don’t understand Hawaii’s state government, but don’t the courts have the responsibility of determining whether bills are legal and constitutional?

You can contact the governor and tell her that this bill merely directs the state to study the feasibility of medical marijuana distribution and to review possession limits for patients. Nothing against federal law can be found in the bill.

The Honorable Linda Lingle
Governor, State of Hawai`i
Executive Chambers
State Capitol
Honolulu, Hawai`i 96813

Phone: 808-586-0034
Fax: 808-586-0006
e-mail: governor.lingle@hawaii.gov